HomeMy WebLinkAbout1999-06-29 Municipal Planning Commission (Regular) MinutesCi,~
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County of Newell No. 4
Minutes of Municipal Planning Commission Meeting
June 29, 1999
Tlie regular Municipal Planning Commission Meeting ofthe County ofNewell No.4 was held
in the County Office at Brooks, AB on Tuesday, June 29, 1999 commencing at 10:00 a.m.
Members Present Chairman C. Baksa
Councillors M. Loewen
Representatives B. Bergen
J. Doerksen
Planner G. Shaw
Assistant Administrator A. Martens
Recording Secretary P. Hoffman
l . Excused from Meetine
Moved by Councillor Loewen that Councillor Stobbs be excused from this meeting. Carried.
2. Minutes
Minutes of the May 25, 1999 meeting were presented to the Commission. Moved by J.
Doerksen 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 lei, nda
Moved by B. Bergen that the agenda be adopted as amended. Carried.
5. Business from Minutes
12-1 Street Sins for Subdivisions
Tliis item will be updated at the next meeting.
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June 29, 1999 Page 60
13-1 Accidental Franchiser
Moved by Councillor Loewen that we refer this item to administration for review and
recommendations. Carried.
6. Development Permits
There were no Development Permits.
7. Home Occupation Permits
There were no Home Occupation Permits.
8. Subdivisions
There were no Subdivision Applications.
9. Development Report
"The Development Report for May I5, 1999 to June 22, 1999 was presented to the
Commission. Moved by B. Bergen that we approve this report. Carried.
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10. Correspondence
I . Response to Town of Brooks Application by S.E. Engel Consulting Group
Mobile Home Park Town of Brooks
Tl~e Planner's response to the Town of Brooks, with regard to proposed amendments to their
General Municipal Plan, Northwest Sector Area Structure Plan and Land Use Bylaw Portion
of SW 5-19-14-W4 and Block 4, Plan 2673 JK, was presented to the Commission as
information.
2. Town of Brooks -Draft Area Structure Plan -Westside Park
The Planner's report on the Town of Brooks Draft Area Structure Plan for the Westside Park
was presented to the Commission. Moved by J. Doerksen that we send to the Town of
Brooks, the Planner's comments on the Draft Area Structure Plan for the Westside Park.
Carried.
June 29, 1999
Page 61
3. Kenco Construction -Variance to Land Use Bylaw
,,,..,, Rear Yard Setback Requirements -Plan 941 1176, Unit #69
Moved by Counci l for Loewen that we grant approval to the variance request of .08 m to allow
tl~e deck to be constructed within Plan 941 1 176, Unit #69 as shown in the drawings presented.
Carried.
4. Local Government Services Division -Information Bulletin #03/99
Farming Practices Statues Amendment Act
An Information Bulletin from the Local Government Studies Division of Alberta Municipal
Affairs, with regard to the Farming Practices Statutes Amendment Act (Bill 202), was
presented to the Commission for review. Copies of Bill 202 will be obtained and distributed
to Commission members.
1 I . Land Use Changes
I. Memo to Planning Commission from Planner- RE: Land Use Bylaw Amendments
A policy paper on proposed amendments to the Land Use Bylaw were reviewed and
discussed. Moved by J. Doerksen that we proceed with the process as recommended by the
Planner. Carried.
Correspondence (cont'd)
5. Fred Barg -Subdivision Proposal - Pt. NW 4-20-14-W4
Mr. Barg was in attendance to present information on this subdivision proposal. Moved by
B. Bergen that we recommend to Council that the request of Fred Barg for a subdivision in
the Pt ofNW 4-20-14-W4 be denied. Defeated.
99 NL 18 -Residential Subdivision -Division 8 (From Post Agenda)
Bara, Fred - Pt 4-20-14-W4 & Plan 801 1572, Block 1
Moved by Councillor Loewen that we recommend to Council approval of this subdivision
with the northerly proposed boundary extended to the east subject to the payment of money
in-place-of municipal reserve being 10% of the existing market value of the land to be
determined at the time a subdivision mylar is provided to the County for endorsement; 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 proposed parcel
being consolidated with Plan 801 1572, Block 1 by plan of subdivision; subject to the County
waiving the requirement under Section 49.6(1) for the 4.0 ha (10 acre) maximum parcel size
to accommodate the size oftl~e consolidated parcel; subject to all outstanding municipal taxes
June 29, 1999 Page 62
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being paid in full prior to endorsement of the subdivision mylar; 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.
Lunch
The Commission recessed for lunch from 12:00 noon to 12:30 p.m.
12. Other Business
1. Stop Work Order -Plan 818 JK -Division 5
Georgette Swenson - OF -Urban Fringe District
Tlie Planner presented an update and background information on this Stop Work Order.
13. Post Agenda Items
1. Development Application #1985 -Oversized Accessory Building
Genovese, Tony -Plan 831 1138, Block 2, Lot 4
Moved by B. Bergen that we grant approval for the construction of an accessory building to
be located on Plan 831 1 138, Block 2, Lot 4, with the following variances to Land Use Bylaw
1004-90 - to Section 51.7(3): 1.18 m (3.87 ft) to permit the accessory building to be
constructed to a height of 5.18 m (17ft); - to Section 51.7(4):.91 m (2.98 ft) to permit the
walls of the accessory building to be constructed to a height of 3.91 m (12.83 ft); and to
Section 51.7(5): of 85.87 m' (923.96 ft'-) to permit the accessory building to be construction
with a floor area of 185.87 m` (2000 ft'-); and subject to tl~e following conditions:
That this use be classified as an "Accessory Building" being a permitted use within the
CR-Country Residential District.
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 51 of the Land Use Bylaw
# 1004-90 pertaining to the CR -Country Residential District, except as varied by the
Municipal Planning Commission on June 29, 1999.
4. That the development shall be located as shown on the site plan submitted June 23,
1999. Any changes to that plan shall require the written approval of the Development
Officer.
June 29, 1999
Page 63
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5. That this permit shall be for the construction of an accessory building within Plan
/' 831 1138, Block 2, Lot 4. This permit is not valid for amoved-in building. 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 forobtaining 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 as varied by the Municipal Planning
Commission at its June 29, 1999, meeting:
Front Side Flankage Rear
*7.5m 3m *7.5m 7.5m
*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.
10. That the developer shall ensure proper disposal of sewage and waste from this use.
11. That the developer shall ensure that tl~e property is maintained to the satisfaction of the
Development Officer.
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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. Tliat the developer should ensure that the accessory building is located at a minimum
I.5 m from the existing residence.
15. That the developer shall ensure that the accessory building is not constructed over the
utility right-of--way identified as Plan 831 1 139 within Plan 831 1 138, Block 2, Lot 4.
It is recommended that the developer obtain the services of a registered surveyor to
identify the location of this right-of--way prior to commencement of construction.
16. That the Municipal Planning Commission grants the following variances to the Land
Use By-law # 1004-90 as approved at its June 29, 1999, meeting:
Section 51.7(3) is varied by 1.18 m (3.87 ft) to permit the building to be constructed to
a height of 5.18 m (17 ft);
June 29, 1999 Page 64
Section 51.7(4) is varied by .91 m (2.98 ft) to permit the walls of the building to be
constructed to a height of 3.86 m (I 2.83 ft);
Section 51.7(5) is varied by 85.87 m'(923.96 ft) to permit the building to have a floor
area of 185.87 m' (2000 ft').
17. 'That the developer shall ensure the accessory building satisfies the following:
Is not used For living purposes;
Is not used for conducting a business or commercial operation unless this
operation is conducted in conjunction with an approved Home Occupation.
Carried.
2. Development Permit Application #1986 -Division 4
ClearNET - Pt. NW 21-16-15-W4 -Telecommunications Tower
Moved by Councillor Loewen that we approve development permit application # 1986 for the
construction of a telecommunications tower by ClearNET in Pt. NW 21-16-I S-W4 subject
to the following conditions:
That this use be classified as a"'Telecommunications Tower" being a discretionary use
within the A -Agricultural 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".
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 49 of the Land Use By-law
#1004-90 pertaining to the A -Agricultural District.
4. That the development shall be located as shown on the site plan submitted June 24,
1999. Any changes to that plan shall require the written approval of the Development
Officer.
5. That this permit shall only be for the construction of a telecommunications tower and
ancillary building within Pt. NW 21-16-IS-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.
June 29, 1999 Page 65
8. That the developer shall ensure that the tower and ancillary building are located
~ 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 Control Officer prior to commencing construction.
10. That the developer may require approval from Transport Canada for the
telecommunications tower. I f 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.
I I . Tliat tl~e 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 tl~e public roadway where access is provided to the property.
14. That the developer steal I ensure that suitable fencing is provided to prevent unauthorized
entry into the ancillary building and communication tower.
'^ I5. "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.
Carried.
3. Development Permit Application #1987 -Division 2
ClearNET - Pt. SE IS-17-12-W4 -Telecommunications Tower
Moved by J. Doerksen that we approve development permit application #1986 for the
construction of a telecommunications tower by ClearNET in Pt. SE 15-17- 12-W4 subject to
the following conditions:
That this use be classified as a "Telecommunications Tower" being a discretionary use
within the A -Agricultural District. The Municipal Planning Commission grants
approval under tl~e 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".
That this use shall comply with all Federal, Provincial and Municipal statutes,
regulations, codes and standards.
June 29, 1999 Page 66
3. That this use shall comply with the provisions of Section 49 of the Land Use By-law
# 1004-90 pertaining to the A -Agricultural District.
4. That the development shall be located as shown on the site plan submitted June 24,
1999. Any changes to that plan shall require the written approval of the Development
Officer.
Tliat this permit shall only be for the construction of a telecommunications tower and
ancillary building within Pt. SE IS-17-12-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.
That the developer shall be responsible forobtaining all required permits (i.e., building,
electrical, plumbing, heating and ventilation) from an accredited inspection agency.
That the developer shall ensure that the tower and ancillary building are located
minimum distance of 40 m from the centre line of the adjacent County road.
9. That the developer may require approval from Transport Canada for the
telecommunications tower. If required, the developer shall be responsible forobtaining
approval from Transport Canada. A copy of this approval shall be provided to the
Development Officer when obtained by the developer.
10. That the developer shall ensure that the property is maintained to the satisfaction of the
Development Control Officer.
I I . That the developer shall ensure that construction materials, supplies and equipment are
stored on the property.
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.
13. That the developer dial I ensure that suitable fencing is provided to prevent unauthorized
entry into the ancillary building and communication tower.
14. 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. The
developer shall ensure that the approach is in proximity to the Chevron Canada access
identified on the site plan submitted June 24, 1999.
15. Tliatthedevelopersl~allensuretheconstructionoftlietelecommunicationstowerwithin
the Pt. SE 15-17-12-W4M does not impede access by Chevron Canada to its surface
lease identified as instrument #931 250 879 on title. Tl~e developer shall confirm with
Chevron Canada its access requirements under Instrument #901 185 821 on title prior
to commencement of construction.
June 29, 1999 Page G7
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16. That the developer shall confirm with Ducks Unlimited Canadapriortocommencement
of construction that the proposed development will not affect their operations within the
E %2 of the SE 15-17- 12-W4M.
Carried.
4. 99 NL 18 -Residential Subdivision -Division 8
Bart:, Fred - Pt 4-20-14-W4 & Plan 801 1572, Block 1
This item was dealt with under correspondence.
5. 99 NL 19 -Industrial Subdivision -Division 10
Cavalier Transport Ltd. -Plan 9910470, Block 1
Moved by J. Doerksen that we recommend to Council approval of this subdivision subject to
the developer entering into a development agreement for the construction and maintenance
of the proposed service road as well as other provisions as provided under the Municipal
Government Act; subject to one of the proposed lots being developed, at the applicant's
expense, as a public utility lotto provide adequate fire flows for emergency services vehicles
if deemed necessary; subject to the applicant meeting all requirements of the Eastern
Irrigation District with respect to the conveyance of water as well as easements; and subject
to the applicant entering into easements for franchise utilities to provide services to the
proposed lots as required. Carried.
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6. Town of Brooks -Proposed Amendments to
Southeast Sector Area Structure Plan and Land Use Bylaw
A letter from the Town of Brooks, with regard to proposed amendments to their Land Use
Bylaw and tl~e Southeast Sector Area Structure Plan, was presented to the Commission. The
Planner was directed to send a letter to the Town of Brooks stating that the proposed
amendments do not impact the County and that we have no objections.
Other Business (cont'd)
I . Stop Work Order -Plan 818 JK -Division 5
Georgette Swenson - OF -Urban Fringe District (cont'd)
Georgette Swenson, developer; Janine Schoff, of Trendsetter Homes; and Christy & Warren
Jones were in attendance to present information on this Stop Work Order. Moved by B.
Bergen that we grant a waiver to Section 3 I (2) of Land Use Bylaw 1004-90 and permit the
relocation of a mobile home to Plan 818 JK, Parcel A subject to conditions by the
Development Officer and that we direct the landowner to apply for a land use change from
OF -Urban Fringe District to MHP -Mobile Home Park District for Plan 818 JK, Parcel A.
Carried.
June 29, 1999 Page 68
14. Ouestion Period/Notice of Motion
A question period was held.
15. Adjourn
Moved by Councillor Loewen that the meeting adjourn at I :35 p.m. Carried.
CHAIRMAN
SECRETARY
June 29, 1999 Page 69