HomeMy WebLinkAbout1999-07-27 Municipal Planning Commission (Regular) Minutes~~
County of Newell No. 4
~ Minutes of Municipal Planning Commission Meeting
July 27, 1999
The regular Municipal Planning Commission Meeting ofthe County ofNewell No.4 was held
in the County Office at Brooks, AB on Tuesday, July 27, 1999 commencing at 10:00 a.m.
Members Present Chairman C. Baksa
Councillors E. Stobbs
M. Loewen
Representative J. Dcerksen
Planner G. Shaw
Assistant Administrator A. Martens
Recording Secretary P. Hoffman
1. Excused from Meetine
All members were present at this meeting.
2. Minutes
r" Minutes of the June 29, 1999 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 eg nda
Moved by J. Doerksen that the agenda be adopted as amended. Carried.
5. Business from Minutes
12-1 Street Signs for Subdivisions
There was no new information available on this item.
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13-1 Accidental Franchiser
There was no new information available on this item.
11-1 Land Use Bylaw Amendments
The Planner presented and reviewed proposed changes to the Land Use Bylaw. The Planner
was directed to proceed with the circulation of the proposed amendments to the Land Use
Bylaw.
6. Development Permits
1. Permit # 1995 -Plan 8210126, Block 1, Lot 2 -Division 4
Anderson, Clifford -Mobile Home with Attached Garage & Deck
Moved by Councillor Stobbs that we approve the placement of a mobile home on Plan
8210126, Block 1, Lot 2 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. This permit also provides authority for the addition
and attached deck shown in the site plan submitted July 22, 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 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 July 22,
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 8210126,
Block 1, Lot 2 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.
8. That the developer shall ensure that the proposed development complies with the
following minimum setback requirements:
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Front Side Flankage Rear
.- 7.5m I.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 I . 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 shat I 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 #1995 and as provided for
under Section 31 of the County of Newell Land Use Bylaw # 1004-90.
17. That the developer shall construct a continuous roof over the mobile home and
addition as shown in the plans submitted July 22, 1999.
18. That the developer shall side the addition and mobile home with the same or similar
material to the satisfaction of the Development Officer. Siding of the mobile home
and addition shall be done prior to December 1, 1999.
19. That this development permit approval shall be subject to the comments and
conditions of the Hamlet Advisory Committee.
20. That the developer shall enter into an agreement with the County of Newell for the
installation of a road approach to Plan 8210126, Block 1, Lot 2.
Carried.
2. Permit #1983 - W'/z 9-21-14-W4 -Division 8
Martin Cattle Co. Inc.. 3600 Head Beef Feedlot
Brent Martin was in attendance to present information on this permit application. Moved by
Counci I for Loewen that we approve development perm it appl ication # 1983, to develop a 3600
head beef feedlot operation within the W'/z 9-21-14-W4, subject to the following conditions:
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That this use be classified as an "Intensive Livestock Operation" being a discretionary
use within the A -Agricultural District. --~.
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2. That this use comply with all Federal, Provincial and Municipal statutes, regulations,
codes and standards.
That the proposed development shall be located as shown on the site plan submitted
June 14, 1999. 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 3600 head. The developer shall
notify the Development Officer, in writing, when this head total has been achieved.
The maximum number of head approved in this application shall be satisfied prior to
July 27, 2001 or sooner. Any increase over the approved total shall require a separate
development permit application and approval. [fan extension is required to meet this
total, the developer shall submit a letter to the Development Officer one month or
more prior to the expiry of this permit approval.
That the developer shall enter into a water supply agreement with the Eastern
Irrigation District for this operation. A copy of said agreement shall be provided to
the Development Officer.
6. That the operator shall ensure access to 1000 acres of dryland or 500 acres of
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 agreements shall be subject to the Code
of Practice. The land base shall be fully utilized.
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
shall be exercised when spreading manure on lands near neighbouring residences by
maintaining an adequate separation distance.
July 27, 1999
8. The applicant shall provide, to the Development Officer's satisfaction, a manure
management plan which includes the following:
• Volumes of manure produced on an annual basis:
• A cropping plan with expectations of amounts of nutrients to be utilized;
• Amount of owned lands 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).
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9. That all surface water drainage from the proposed feedyard must be contained on the
,~ subject property and be prevented from contaminating surface or ground water. In
order to achieve th is, berms are to be constructed to divert surface run-off water away
from the facility and contain and direct run-off originating at the facility into run-off
storage ponds.
10. That the developer shall undertake testing of the soils in the area where the pens are
to be constructed to ensure that the soils contain an adequate clay percentage
(typically 20%) so that the pen floor will seal properly and no contamination of
ground water will occur. The results of these tests shall be provided to personnel at
Alberta Agriculture and the Palliser Health Authority prior to commencement of
construction of the feedlot.
1 1. That the developer shat l provide run-off storage ponds engineered and constructed so
as to achieve a hydraulic conductivity of 1 x 10~' cm/sec. The floor ofthese ponds are
to be at least one metre above the ground water table. The developer shall confirm
that there is at least one metre between the bottom of the storage pond and ground
water and provide those results to Alberta Agriculture and the Palliser Health
Authority prior to the commencement of construction.
12. That a specific site shall be identified and maintained as an interim storage location
for dead animals. This site shall be covered and have suitable drainage material to
ensure proper drainage and be protected from predators. Dead disposal by rendering
truck is recommended.
~ 13. That the operator shall ensure storage of manure occurs within the feedlot's pens. The
manure shall be cleaned from the pens either on an annual basis or if the pens are to
be left empty for longer than one year.
14. That this use shall conform to Section 49 of the County of Newell Land Use Bylaw
# 1004-90 being the A -Agricultural District.
15. That all structures and buildings shall be located a minimum of 131 feet from the
centre line of the County road.
16. That the developer shall ensure that all construction materials, supplies and equipment
are stored on the property and not on the public roadway.
17. That the developer shal I ensure the continuous clean-up ofconstruction debris trucked
onto the public roadway where access is provided to the property.
18. That the developer shall ensure the property is maintained to the satisfaction of the
Development Officer.
19. That this use shall be subject to inspection by the Development Officer within one
year of the decision date to determine compliance with these conditions.
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20. That the developer shall ensure that a minimum separation distance of 1,619 feet is
maintained form the facility to the nearest single family residence and 5,312 feet to -
the Village of Duchess.
Carried.
7. Home Occupation Permits
There were no Home Occupation Permits.
8. Subdivisions
There were no Subdivision Applications.
9. Development Report
The Development Report for June 23, 1999 to July 19, 1999 was presented to the
Commission. Moved by Councillor Stobbs that we approve this report. Carried.
10. Correspondence
1. Response to Town of Brooks -Draft Area Structure Plan -Westside Park
The Planner's response to the Town of Brooks, with regard to the Draft Area Structure Plan
for Westside Park, was presented to the Commission as information.
2. Response to Town of Brooks -Proposed Amendments for Southeast Sector
The Planner's response to the Town of Brooks, with regard to the proposed amendments for
the Southeast Sector, was presented to the Commission as information.
11. Other Business
1. Decision of Subdivision & Development Appeal Board
Development Application #1968 -Demers, Paul & Marie
Plan 8210258, Block 1, Lots 6 & 7 -Rolling Hills
The Decision of the Subdivision & Development Appeal Board, with regard to Development
Application #1968, was presented to the Commission as information.
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2. Memo to Planning Commission from Planner RE: Purchase of Equipment
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The Planner presented various camera prices to the Commission as information.
12. Land Use Chances
1. Swenson, Georgette -Plan 818 JK, Parcel A -Division 5
OF -Urban Fringe District to MHP -Mobile Home Park District
Georgette Swenson, landowner, and Janine Schoff, ofTrendsetter Homes, were in attendance
to present information on this application. Moved by Councillor Stobbs that we recommend
to Councillor approval ofa land use change from OF -Urban Fringe District toMHP -Mobile
Home Park District for Plan 818 JK, Parcel A and that we recommend to Council that an Area
Structure Plan be prepared by the municipality for an area''/z mile either side of the S.H. 542
corridor from the Town of Brooks' western boundary at Cassils Road to Highway 36 before
the year 2002. Carried.
Other Business (cont'd)
2. Permit #1998 -Rabby, Richard -Plan 3971 H.Y., Block 5
Replacement Building for One Destroyed by Fire
HWYC -Highway Commercial District -Division 10
"~ Elizabeth Rabby was in attendance to present information on this application. Moved by
Councillor Loewen that this item be postponed until later in the meeting. Carried.
Lunch
The. Commission recessed for lunch from 11:53 a.m. to 12:57 a.m.
13. Post Agenda Items
1. Permit #1997 - Pt. SW 3-20-17-W4 -Division 6
Alberta Trout Ltd. -Aquaculture Facility -Snake Lake
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Moved by Councillor Stobbs that we approve development permit application # 1997 for the
development of an aquaculture facility within Pt. SW 3 ~-17-W4 subject to the following
conditions:
1. That this use be classified as an "Aquaculture Facility" being a discretionary use
within the A -Agricultural District. The Municipal Planning Commission grants
approval under the clause "other uses ofa similar nature as approved by the Municipal
Planning Commission". This approval includes the mobile home, detached garage
and any other miscellaneous building or structure located on the subject property.
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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 49 of Land Use Bylaw
# 1004-90 pertaining to the A -Agricultural District.
4. That the development shall be located as shown on the site plan submitted June 15,
1999. Any changes to that plan shall require the written approval ofthe development
Officer.
5. That this permit shall only be for the construction of an aquaculture facility, mobile
home, detached garage and miscellaneous building or structure located within Pt. SW
3-20-17-W4. 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 this development permit approval shall be valid for as long as the lease between
the applicant and the Eastern Irrigation District is valid.
9. That the developer shall ensure that the property is maintained to the satisfaction of
the Development Control Officer.
10. That the developer shall ensure that construction materials, supplies and equipment
are stored on the property.
11. That the developer shall ensure the continuous clean-up ofconstruction debris tracked
onto the public roadway where access is provided to the property.
12. That the developer shall provide to the Development Officer a copy of the building
permit for this development prior to September 15, 1999.
13. That the developer shall ensure that the development permit application fee of
$100.00 is paid to the County of Newell prior to September 1, 1999, or this
development approval shall be deemed to be invalid.
Carried.
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2. Johnson Farms (Brooks) Ltd., Pt. SW 10-19-14-W4 -Division 10
,.., Urban Fringe to Country Residential - 3 Lot Country Residential Development
Neil Johnson was in attendance to present information on this application. Moved by J.
Doerksen that we recommend to Council the rezoning of Pt. SW 10-19-14-W4 from OF -
Urban Fringe District to CR -Country Residential District subject to the applicant providing
a review of the soils and water table in the subject property, conducted by a professional
engineering company with expertise in these areas, to the County prior to the public hearing
on th is matter; subject to the waiving of Section 51.3 of Land Use Bylaw # 1004-90 and Policy
#3.2.3 of the Municipal Development Plan requiring one acre sized parcels for country
residential development providing the soils and water table reviews conclude that the area can
support half acre sized parcels; subject to this land use amendment becoming effective when
the subdivision plan is registered at Land Titles Office; and subject to direction being given
to the appl icant stating that, should additional residential development occur, an area structure
plan will be required for the SW 10-19-14-W4 detailing the provisions outlined in Section
633 of the Municipal Government Act. Carried.
3. H. Jager Developments Ltd. - Pt. Section 6 and W % 7-18-14-W4 -Division 5
Adoption of Area Structure Plan -Greenwald Inlet -Lake Newell Reservoir
Deep Shergill, President of H. Jager Developments Ltd. and Rod Potrie, of Planning
Protocol Inc., were in attendance to present information on this Area Structure Plan. Moved
by Councillor Stobbs that we recommend to Council approval of the Area Structure Plan for
the Greenwald Inlet located in Pt. Section 6 and W '/z of 7-18-14-W4 subject to the comments
'~ outlined by the Planner as well as any subsequent amendments provided by Council or
Administration. Carried.
Other Business (cont'd)
2. Permit # 1998 - Rabby, Richard -Plan 3971 H.Y., Block 5
Replacement Building for One Destroyed by Fire
HWYC - Highway Commercial District -Division 10 (cont'd)
Moved by Councillor Loewen that we approve development permit application # 1998 for the
construction of a replacement building for the one destroyed by fire within Plan 3971 H.Y.,
Block 5, subject to the review and conditions of the Development Officer. This review shall
consider the comments ofthe County's Public Works Department, Alberta Infrastructure and
the Town of Brooks and be subject to advertising. Moved by Councillor Stobbs that this
motion be postponed to allow the Commission to view the subject property. Carried.
Recess
The Commission recessed to view the subject property at 2:25 p.m.
July 27, 1999 Page 78
The meeting reconvened at 2:50 p.m.
Other Business (cont'd)
2. Permit #1998 - Rabby, Richard -Plan 3971 H.Y., Block 5
Replacement Building for One Destroyed by Fire
HWYC -Highway Commercial District -Division 10(cont'd)
Vote on postponed motion which reads "Moved by Councillor Loewen that we approve
development permit application # 1998 for the construction of a replacement building for the
one destroyed by fire within Plan 3971 H.Y., Block 5, subject to the review and conditions
ofthe Development Officer. This review shall consider the comments ofthe County's Public
Works Department, Alberta Infrastructure and the Town of Brooks and be subject to
advertising." Carried.
14. Ouestion Period/Notice of Motion
A question period was held.
I5. Adjourn
Moved by Councillor Stobbs that the meeting adjourn at 2:55 p.m. Carried.
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C ~~c_
CHAIRMAN
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SECRETARY
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