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Home My WebLink About1999-08-31 Municipal Planning Commission (Regular) Minutes<" r- > County of Newell No. 4 ,.~ Minutes of Municipal Planning Commission Meeting August 31, 1999 The regular Municipal Planning Commission MeetinguftheCount yofNewell No.4 was held in the County Ot"t7ce at E3rooks, ACi on "Tuesday, August 3 I , 1999 c ommencing at 10:00 a.m. h1embers Present Chairman C. Baksa Councillors E. Stobbs M. Loewen Representatives J. Doerksen B. M`Kellar Planner G. Shaw Assistant Administrator A. Martens Recording Secretary P. Hoffman 1. Excused from Meeting All members were present at this meeting. 2. Ntinutes ''~ Ntinutes of the July 27, 1999 meeting were presented to the Commission. Moved by Councillor Stobbs that we adopt these minutes as amended. 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 13-1 Accidental Franchiser Administration presented a memo with regard to the Accidental Franchiser to the Commission. Moved by Councillor Loewen that we recommend to the Municipal Committee that all future agreements be amended to include both an indemnity clause and a waiver of liability clause. Carried. ~` August 31, 1999 Page 80 ~j 1 I-I Land Use Bylaw Amendments Moved by Councillor Stobbs that we set up a meeting with the hamlet advisory committees in the County Council Chambers on Tuesday September 14'h at 7:00 p.m. to discuss the proposed amendments to the Land Use Bylaw. Carried. Development Permits 1. Permit#1993 - Pt. SW 12-19-IS-W4-Division 5 ClearNET [nc. -Telecommunications Tower Cyrus Ghassabeh and Sarah Duncan, of ClearNET lnc., were in attendance to discuss this application. Moved by Councillor Loewen that we approve Development Permit Application # 1993 for the installation of a telecommunications tower by ClearNET within the NE 22-18- 14-W4 subject to circulation to referral agencies and the conditions of the Development Officer. Carried. Permit # 1999 - Pt. 1-19-14-W4 -Division 10 R.C. Baksa Stores Ltd. -Private Sewage Lagoon Chairman Baksa declaredapecuniaryinterestandlefttheCouncilChambers. Vice-Chairman Doerksen assumed the chair. Ron Henchel, of UMA Engineering, represented R.C. Baksa Stores Ltd. and spoke in favour of the application. Moved by Councillor Loewen that we grant approval for Development Permit Application # 1999 for the construction of a private sewage treatment facility within Pt. SW 1-19-14-W4 subject to the following conditions: 1. That this use be classified as a "Public Use" 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 the proposed development shall be located as shown on the site plan submitted July 26, 1999. Any changes to this plan shall require the written approval of the Development Officer. 4. That the proposed development shall comply with Section 49, A -Agricultural District, of the County of Newell Land Use Bylaw # 1004-90. 5. That the developer shall ensure the building maintain the following setbacks: Front Side Flankage Rear 40m* 3m 40m* 3m *From centre line at local road to toe of slope. 6. That this use shall comply with the Environmental Protection and Enhancement Act as well as the Water Act, where applicable. August 31, 1999 Page 81 / i ~ ~ \.rl. 7. That this development approval is subject to the approvals to be granted by Alberta ,^- Environment for the private sewage lagoon and a variance to be granted by the Deputy Minister of Alberta Environment for the set back distance from the nearest residential unit. 8. That the developer shall be responsible for obtaining licensing approval from Alberta Environment for the private sewage lagoon and the discharge of effluent into the One Tree Spillway. A copy of each licence approval shall be provided to the Development Officer when available from Alberta Environment. 9. That the developer shall be responsible for the relocation or modification of franchise utilities required for the proposed development. 10. That the developer shal I ensure that the site is graded so that storm water does not drain onto adjoining properties. 11. That this development shall only be accessed from the internal collector to the Sagebrush Estates. No access shall be permitted from One Tree Road. 12. That the developer shall provide to the Development Officer a landscape plan detailing the landscape treatment of the area between One Tree Road and the fence shown in the site plan presented July 26, 1999, as part of the application. The landscaping shall be warranted by the developer for a period of one year after planting. 13. That if a seasonal variance is required, the developer shall contact the Development Officer in writing. Should a seasonal variance be given, the developer shall provide to the County ofNewel I an Irrevocable Letter for Credit equivalent to the amount required to complete the landscaping. The Irrevocable Letter of Credit shall be returned to the developer upon the satisfactory completion of landscaping. 14. That the developer shall ensure that there is adequate and proper disposal of effluent ~ from this site. 15. That the developer shall ensure the property is maintained to the satisfaction of the Development Officer. 16. That the developer shall ensure that construction materials, supplies and equipment are stored on the property and not the public roadway. 17. That the developer shall ensure the continuous clean-up of construction debris trucked onto the public roadway where access is provided to the property. 18. That the developer shall enter into a licence to cross the County road allowance with a pipeline proposed from the private sewage lagoon in SW 1-19-14-W4 to One Tree Spillway. 19. That the developer shall undertake water quality tests, to be conducted prior to, and during, discharge, which meet all applicable Alberta Regulations. The discharge ofthe lagoon shall be done at the same time as the Town of Brooks and the timing of the discharge shall be coordinated with and approved by the Eastern Irrigation District. Carr ied. Councillor Baksa returned to the meeting and resumed the chair. 3. Permit #2005 -Plan 5280 F.K., Block 6, Lot 13 -Division 1 M`Be_a_n, Bob & Sharon -Mobile Home Moved by J. Doerksen that we approve Development Permit Application #2005 to relocate a mobi le home to part of Plan 5280 F.K., Block 6, Lot 13 subject to the fol lowing conditions: fi August 31, 1999 Page 82 C~" 1. That this use be classified as a "Mobile Home" being a discretionary use within the HR -Hamlet Residential District. 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 August 24, 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 a 1984, 16 ft x 68 ft mobile home as provided in 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: Front Side Flankage Rear 7.5 m 1.5 m 3 m 3 m 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 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 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 #2005 and as provided for under Section 31 of the County of Newell Land Use Bylaw # 1004-90. 17. That, should the siding of the mobile home not be satisfactory to the Approving Authority, new siding shall be installed by the owner in a time period determined by the Approving Authority. 18. That this development approval is subject to the comments of the Hamlet Advisory Committee. Carried. 7. Home Occupation Permits There were no Home Occupation Permits. August 31, 1999 Page 83 r ~ _l r-- 8. Subdivisions 1. 99 NL 020 -Plan 881 1786, Block 1, Pt. NW 2-21-14-W4 -Division 8 Torkelson, Norman -Residential Subdivision Moved by Councillor Loewen that we approve the placement of a mobile home on Block 1, Plan 881 1786 in a Pt. ofNW 2-21-14-W4 on the condition that the placement ofthis mobile home is temporary and will be removed once it is no longer occupied by the applicant's daughter. Carried. Moved by Councillor Stobbs that we refund the $450.00 subdivision application fee for 99 NL 020 because this applicant applied for subdivision only at our direction. Carried. 9. Delegation - A~2ricultural Fieldman -Steve Wylie Agricultural Fieldman Steve Wylie was in attendance to discuss concerns with regard to subdivisions. Lunch The Commission recessed for lunch from 12:05 p.m. to 12:40 p.m. ~,,, ... . Delegation -Agricultural Fieldman -Steve Wvlie (cont'd) Administration is to review the suggestions with regard to subdivisions, obtain legal opinions where necessary and bring recommendations tothe next meeting, or where appropriate, to the Municipal Committee. Subdivisions (cont'd) 2. 99 NL 021 - Pt. SW 10-IS-13-W4 -Division 1 Corah, James - Boundary Adjustment Moved by Councillor Stobbs that we recommend to Council approval of Subdivision Application 99 NL 021 subject to the subdivision being by plan which includes the area identified as "A" being 2505.185 mz; subject to the areas identified as "B" and "C" being 621.35 mz being consolidated with the remainder of the NW 10-15-13-W4; 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 registration of a caveat for the dedication of 5 metres along the westerly boundary of the proposed and remnant parcels for future road widening to be purchased at a rate that is consistent with County Policy at that time; subject to the deferred reserve caveat on the N W 10-15-13-W4 (title number 861 August 31, 1999 Page 84 ~., ~`''% 1 12 582) being continued after the consolidation of Parcels "B" and "C"; and subject to the applicant entering into the necessary agreements with the Eastern Irrigation District for the conveyance of water to the proposed and remnant parcels. Carried. 10. Development Report The Development Report for July 21, 1999 to August 26, 1999 was presented to the Commission. Moved by Councillor Stobbs that we approve this report. Carried. Permit #1993 - Pt. SW 12-19-15-W4 -Division 5 ClearNET Inc. -Telecommunications Tower (cont'd) Moved by Counci (lor Stobbs that we reconsider the fol lowing motion: "Moved by Councillor Loewen that we approve Development Permit Application #1993 for the installation of a teleco-nmunicationstower by ClearNET within the NE 22-18-14-Wa subject to circulation to referral agencies and the conditions of the Development Oj~cer." Carried. Vote on reconsidered motion. Carried. Il. Correspondence 1. Brisbin &Sentis Engineering Inc., Town of Bassano Application for Subdivision -Plan 9010450, Block 1 A letter from Brisbin &Sentis Engineering Inc., on behalf of the Town of Bassano, with regard to a proposed subdivision within the Town of Bassano, was presented to the Commission. Moved by J. Doerksen that a letter be sent to the Town of Bassano informing them that we have no objections to their proposed subdivision. Carried. 12. Other Business 1. Southwest Area Structure Plan, Town of Brooks -Bylaw 99/34 NW 31-18-14-W4, S''/z 31-18-14-W4, N''/z 30-18-14-W4 Moved by Councillor Stobbs that the Planner forward our outstanding concerns with regard to the Southwest Area Structure Plan to the Town of Brooks. Carried. 2. Policy Paper -Five Year Strategic Plan for the Planning & Development Department The Planner presented a Five Year Strategic Plan to the Commission. This plan will be circulated to Council at their next meeting. August 31, 1999 Page 85 ..,., ~`~, ~" 13. Land Use Changes There were no Land Use Change applications. 14. Post Agenda Items 1. Permit #2008 -Plan 791 1008, Block 1, Lot 6 -Division 8 Hnatiuk, David -Variance to Rear Yard Setback Requirement Moved by Councillor Loewen that we approve development permit application #2008 to construct an accessory building within Plan 7911008, Block 1, Lot 6 granting a 2.5 m variance to the 7.5 m minimum rear yard setback requirement contained within Section 51.5 of Land Use Bylaw # 1004-90 to allow the accessory building to be located 5 m from the rear property line and subject to the following conditions: That this use be classified as an "Accessory Building" 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. That this use shall comply with the provisions of Section 51 of Land Use Bylaw # 1004- 90 pertaining to the Country Residential District, except as varied by the Municipal Planning Commission at its August 31, 1999 meeting. 4. That the development shall be located as shown on the site plan submitted August 30, 1999. Any changes to that plan shall require the written approval of the Development ~ Officer. 5. That this permit shall be for the construction of an accessory building. This permit is not valid for amoved-in building. Any additional development shall require a separate development 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 as varied by the Municipal Planning Commission at its August 31, 1999 meeting: Front Side Flankage Rear *7.Sm 3m *7.Sm Sm *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. 1 l . 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. August 31, 1999 Page 86 14. That the developer should ensure that the detached garage is located a minimum of 1.5 m from any other buildings on the property. 15. That the developer shall ensure the detached building satisfies the following. • Does not exceed 4 m in height from the foundations to the roof peak; • Does not have walls that exceed 3 m in height; • Does not exceed 100 m- in area; • 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. 15. 4uestion Period/Notice of Motion A question period was held. 16. Adjourn Moved by Councillor Stobbs that the meeting adjourn at 2:13 p.m. Carried. CHAIRMAN SECRETARY August 31, 1999 Page 87