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HomeMy WebLinkAbout1999-09-28 Municipal Planning Commission (Regular) Minutes %~~ County of Newell No. 4 Minutes of Municipal Planning Commission Meeting September 28, 1999 The regular Municipal Planning Commission Meeting ofthe County ofNewell No.4 was held in the County Office at Brooks, AB on Tuesday, September 28, 1999 commencing at 10:00 a.m. Members Present Chairman Councillors Representatives Planner Administrator Recording Secretary 1. Excused from Meeting C. Baksa M. Loewen J. Doerksen B. M`Kellar G. Shaw M. Bowen P. Hoffman Moved by Councillor Loewen that Councillor Stobbs be excused from this meeting. Carried. ,,.,, 2. Minutes Minutes of the August 31, 1999 meeting were presented to the Commission. Moved by J. Doerksen that we adopt these minutes as amended. Carried. 3. Call for Post Agenda Items The Chairman called for post agenda items. 4. Adoption of Agenda Moved by J. Doerksen that the agenda be adopted as amended. Carried. 5. Business from Minutes 1 1- I Land Use Bylaw Amendments The Planner reported on the meeting of the MPC and Hamlet Advisory Board members with regard to proposed amendments to the Land Use Bylaw. It was noted that the MPC would like to finalize these amendments at their next meeting to present their recommendations to Council at the November 10'~ Council meeting. September 28, 1999 Page 88 ,/ 9 Agricultural Fieldman -Subdivision Concerns We are awaiting a legal opinion in regard to this item. 6. Subdivisions 1. 99 NL 22 - Pt. SE 8-19-14-W4 -Division 10 Christianson, Cameron -Residential Subdivision The Commission discussed the proximity of this property to the Town of Brooks boundaries and the fact that the feedlot is a nonconforming use. Moved by Councillor Loewen that we recommend to Council approval of Subdivision Application 99 NL 22 subject to Section 45(11) of Land Use Bylaw #1004-90 and Policy 2.6.3 ofthe Municipal Development Plan being waived to allow a relaxation ofthe Minimum Separation Distance; subject to the registration of a caveat for the dedication of 5 metres along the southerly 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 applicant entering into a development agreement for the development of a road to access the subdivided property; subject to the County requiring that the municipal reserve being deferred as determined under Section 50.6(2) ofthe Land Use Bylaw; 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 franchise utility easements for the provision of services to the proposed parcel as required. Carried. .... ~ 7. Development Permits 1. Permit #2014 -Plan 9901983, Block 1, Lot 3 -Division 8 Benci, Louis & Jorgensen, Ed -Relocate Mobile Home Moved by Councillor Loewen that we approve Development Permit Application #2014 to locate a mobile home with an addition within Plan 9910983, Block 1, Lot 3 subject to the following conditions: 1. That this use be classified as a "Mobile Home and Addition" 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 shal I comply with the provisions of Section 5 I of Land Use Bylaw # 1004- 90 pertaining to the Country Residential District. 4. That the development shall be located as shown on the site plan submitted September 8, 1999. Any changes to that plan shall require the written approval ofthe Development Officer. September 28, 1999 Page 89 5. That this permit shall be for the development of a mobile home as shown in the pictures provided by the applicant and forming a part ofthe development permit applications to be located within Plan 9910983, Block l ,Lot 3. This permit also includes the proposed addition to the mobile home. 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. Further, that the developer shall provide to the Development Officer a copy of the building permit for this development prior to November 1, 1999. 8. That the developer shall ensure that the proposed development complies with the following minimum setback requirements: Front Side Flankage Rear *7.5 m 3.0 m **40 m 7.Sm * Minimum yard distance from subdivision streets or service roads. ** Minimum Distance from the centre line of the secondary highway. 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 shat l 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 Control Officer. 15. That the developer shall be responsible for siding the mobile home and proposed addition in the same or similar material when the addition is constructed. The installation of the siding shall be completed prior to September 28, 2000. 16. That no other mobile home shall be perm fitted on the property except for the one granted approval under development permit application #2014 and as provided for under Section 31 of County of Newell Land Use Bylaw # 1004-90. 17. That the developer shall undertake to mow all weeds within the road right-of--ways and have a grader blade the roadways and re-gravel them to the satisfaction of the Public Works Department. 18. That no other development shall be granted within Plan 9910983 until the developer satisfies the conditions of the Development Agreement signed June 19, 1997. Moved by J. Doerksen that we table this motion. Carried. /^ September 28, 1999 Page 90 l.~Y 2. Permit #2015 -Plan 818 J.K., Parcel A -Division 5 Swenson, Georgette -Mobile Home Park Georgette Swenson and Janine Schoff, of Trendsetter Homes, were in attendance to present information on this application. Moved by Councillor Loewen that we grant approval for Development Permit Application #2015 to construct a mobile home park within Plan 818 J.K., Parcel A, containing a maximum often (10) mobile home sites subject to the following conditions: I . That this use be classified as a "Mobile Home Park" being the prescribed use within the MHP -Mobile Home Park 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 Section 61 of Land Use Bylaw # 1004-90 pertaining to the Mobile Home Park District. 4. That this development shall contain a maximum of ten (10) mobile home sites within Plan 818 J.K., Parcel A. The Development Officer may grant approval for single-wide mobile units and other uses listed as permitted under the MHP -Mobile Home Park District. All discretionary uses must be approved by the Municipal Planning Commission. 5. That the proposed development shall be located as shown on the site plan submitted September 13, 1999. Any changes to this plan shall require the written approval of the Municipal Planning Commission. 6. That the Municipal Planning Commission waives the requirements under Section 61.4 of Land Use Bylaw # 1004-90 and allows smaller mobile home sites than that required under this section. No mobile home site shall be smaller than 12,000 ftZ. [f the soil's capability to handle effluent is not satisfactory in the future, the developer shall be responsible for installing pump-out tanks for each unit as its own cost. 7. That the developer shall ensure that each mobile home pad site satisfies the following requirements: (1) Mobile Homes Each mobile home pad site shall be provided with a pad upon which a mobile home may be suitably installed and each mobile home shall be located: (a) a minimum of 6 metres from any adjacent mobile home pad; (b) a minimum of 3 metres from any park boundary; (c) a minimum of 3 metres from any park street. Each mobile home shall provide a vertical clearance of at least 600 mm (24 in) between the top of the finished grade under the home and the bottom of the floor joists. This may be varied in homes that incorporate a lowered section (e.g. sunken living room) or where the home is installed on a sloping site, the vertical clearance between he top of the finisher grade and the bottom of the joists of the lowest section shall be at least 300 mm (12 in). The maximum vertical clearance distance permitted for each mobile home shall be 800 mm (36 in). (2) Accessory Buildings Accessory Buildings and attached structures shall be located a minimum of 3 metres from any accessory building, attached structure or mobile home on an adjacent mobile home space. September 28, 1999 Page 91 ~~ ~,,,~ 8. That the developer shall ensure that the following requirements are satisfied by the development of a mobile home park within Plan 818 J.K., Parcel A: (1) All internal streets shall Beall-weather construction and be a minium of 12 metres in width. (2) Each mobile home shall be fixed to a permanent foundation or blocked to CMHC standards and shall be skirted and the hitch removed or skirted. (3) On each mobile home lot or mobile home space, a minimum usable open area of at least 42 square metres with a minimum mean dimension of 3.6 metres shall be provided adjacent to the main entrance of the mobile home, and such space shall be maintained free of parking, accessory buildings or attached structures. (4) A minimum of 10 percent of the total area of a mobile home park shall be provided in a suitable location for the recreational use and enjoyment of the park occupants. (5) All areas of a mobile home park not developed or occupied by park roads, walkways, driveways, mobile home stands, buildings or other facilities shall be landscaped. (6) Garbage and waste material shall be stored in weatherproof and animal proof containers and shall be visually screened from all adjacent sites and public thoroughfares. (7) All mobile homes shall meet or exceed the CSA 2240 Standards. 9. That the developer shall ensure that the units adjacent to Secondary Highway #542 are a minimum or 40 m (131 ft) from the centre line of this highway. 10. That the developer shall ensure that there is an adequate supply of water for fire suppression within the mobile home park. The developer may enter into an agreement /"' with the adjacent landowner for the provision of water from the slough in that area. 1 1. That the developer shall ensure that there is proper disposal of sewage and waste from each unit. 12. That the developer shall ensure that the property is maintained to the satisfaction of the Development Officer. 13. That the developer shall ensure that there is adequate traffic control signage at the access/egress of the mobile home park to the secondary highway. The developer shall contact the Public Works Department to determine their requirements for signage in this area. Carried. B. M`Kellar left the Council Chambers at 1 1:14 a.m. Moved by Councillor Loewen that the Planner be directed that the advertising of this permit is not necessary in this case as it meets all the requirements of our Land Use Bylaw. Carried. B. M`Kellar returned to the Council Chambers at 11:16 a.m. ~--~ September 28, 1999 Page 92 C~`Y Permit #2017 -Plan 8010339, Block 1, Lot 1 -Division 2 Elder Allan & Inez -Relocation of Mobile Home ~,~ Allan and Inez Elder were in attendance to provide information on this application. Moved by J. Doerksen that we approve Development Permit Application #2017 to locate a mobile home with an addition within Plan 8010339, Block 1, Lot 1 subject to the following conditions: 1. That this use be classified as a "Mobile Home and Addition" 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 comply with the provisions of Section 51 of Land Use Bylaw # 1004- 90 pertaining to the Country Residential District. 4. That the development shall be located as shown on the site plan submitted September 13, 1999. Any changes to that plan shall require the written approval of the Development Officer. 5. That this perm it shall be for the development of a mobile home as shown in the pictures provided by the applicant and forming a part ofthe the development permit application to be located within Plan 8010399, Block I, Lot I. This permit also includes the proposed addition to the mobile home. 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 or as varied by the Municipal Planning Commission at its September 28, 1999 meeting: Front Side Flankage Rear *7.5m 2.13m *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 shat l 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. l4. That the mobile home shall be skirted to the satisfaction of the Development Officer. 15. That the developer shall be responsible for siding the mobile home and proposed addition in the same or similar material when the addition is constructed. The proposed addition shall be completed prior to September 28, 2001. 16. That no other mobile home shall be permitted on the property except for the one granted approval under development permit application #2017 and as provided for under Section 31 of the County of Newel I Land Use Bylaw # 1004-90. September 28, 1999 Page 93 c5~ 17. That the Municipal Planning Commission grants a .87 m (2.85 ft) variance to the side '~ yard set back requirement to allow the mobile home to be located 2.13 m (7 ft) from the side property line. Carried. 4. Permit #2020 - Pt. NW 10-15-14-W4 -Division 1 Aleman, Gerald -Secondary Occupation (Used Car Sales) Moved by Councillor Loewen that we approve Development Permit Application #2020 to locate up to five (5) vehicles within the NW 10-15-14-W4 as a farm subsidiary occupation being a discretionary use within the A -Agricultural District for the period of one (1) year from the decision date and that the applicant be responsible for applying for a renewal of the permit prior to the anniversary of that date. Defeated. 8. Home Occupation Permits There were no Home Occupation Permits. Subdivisions (cont'd) 2.99 NL 023 - Pt. SW 10-19-14-W4 -Division 4 ~" Johnson, Neil -Residential Subdivision Moved by J. Doerksen that we recommend to Council approval of Subdivision Application 99 N L 023 subject to the applicant entering into a development agreement for the construction of the roadway and services to the individual lots as well as any other matter deemed necessary to be included in that agreement; subject to the applicant providing municipal reserve in an amount to be determined when a plan of subdivision is returned for endorsement; subject to the applicant providing a temporary turn-around at the terminus of the proposed road, at a radius suitable to accommodate emergency or road maintenance vehicles; subject to the applicant satisfying the concerns for non-potable water supply to other lots within the existing subdivision prior to endorsement of the subdivision mylar; subject to the applicant providing a report from a licensed professional certifying what type of sewage system should be utilized when these lots are developed; subject to the applicant meeting all requirements ofthe Eastern Irrigation District with respect to the conveyance of water as well as easements; subject to the applicant entering into easements for franchise utilities to provide services to the individual lots as necessary; and subject to the applicant preparing an Area Structure Plan covering the SE ] 0-19-14-W4 priorto the subdivision ofadditional lots should they be requested; and subject to a waiver of Section 51.3 of the Land Use Bylaw to allow''/z acre size parcels. Carried. ~'^ September 28, 1999 Page 94 ~:i`" Lunch The Commission recessed for lunch from 1 1:55 a.m. to 12:35 p.m. Subdivisions (cont'd) 3. 99 NL 024 - Pt. NW 7-20-13-W4 -Division 3 Christianson, Cameron -Farmstead Separation Moved by B. M`Kellar that we recommend to Council approval of Subdivision Application 99 NL 024 subject to the applicant entering into an agreement with the County ofNewell 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 as well as easements: subject to the County waiving the requirement under Section 31 of the Land Use Bylaw for the requirement of one dwelling unit per parcel to permit the two residences to continue on the proposed parcel; subject to the applicant providing easements to franchise utilities for the servicing to the proposed and remnant parcels; and subject to the carrying forward of any oil and gas company right-of--ways, surface lease agreements, access agreements, etc. Carried. 4. 99 NL 025 -Plan 8010399, Block 1, Lot 3 -Division 2 Dennis Roy -Residential Subdivision Moved by Councillor Loewen that we recommend to Council that Subdivision Application 99 NL 025 be denied. Carried. 5. 99 NL 026 - Pt. NW 15-15-15-W4 -Division 4 Axelson, David -Agricultural Subdivision Moved by J. Doerksen that we recommend to Council approval of Subdivision Application 99 NL 026 be approved subject to 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 applicant meeting all requirements of the Eastern Irrigation District with respect to the conveyance of water as well as easements; subject to the applicant consolidating the proposed parcel to be created by this subdivision with the NE 15-15-15-W4; subject to the registration of a caveat on the E''/z of N W 15-15-15-24 requiring the notification of the County ofNewell prior to any title separation application and subject to the applicant ensuring that the PanCanadian pipeline rights-of--way remain on the title when the consolidation is registered at Land Titles. Carried. September 28, 1999 Page 95 9. Development Report r~ The Development Report for August 26, 1999 to September 21, 1999 was presented to the Commission. Moved by J. Doerksen that we approve this report. Carried. 10. Correspondence 1. Response to Brisbin &Sentis Engineering Inc. RE: Subdivision Application Within Town of Bassano A response letter from the Planner to Brisbin &Sentis Engineering Inc., with regard to a proposed subdivision within the Town of Bassano, was presented to the Commission as information. 2. Town of Brooks -Land Use Bylaw Amendment -Custodial Quarters A letter from the Town of Brooks, with regard to a proposed amendment to their land use bylaw to provide a definition of Custodial Quarters, was presented to the Commission for comment. The Planner was directed to reply to this letter, informing the Town of Brooks that the County has no objection to this proposed amendment. /' 3. Town of Brooks -Land Use Bylaw Amendment Rezone General Commercial District to Direct Control A letter from the Town of Brooks, with regard to a proposed amendment to their land use bylaw to rezone Lot 34, Block 2, Plan 8111859, was presented to the Commission for comment. The Planner was directed to reply to this letter, informing the Town of Brooks that the County has no objection to this proposed amendment. 4. Town of Brooks -Request for Comments -Subdivision Application 99 SUB 03 A letter from the Town of Brooks, with regard to Subdivision Application 99 SUB 03, was presented to the Commission for comment. The Planner was directed to reply to this letter, inform ing the Town of Brooks that the County has no objection to this proposed amendment. 1 1. Other Business 1. Alberta Development Officers' Association 1999 Conference November 7 - 10. 1000 - Kananaskis Information on the upcoming Alberta Development Officers' Association 1999 Conference was presented to the Commission. ~^ September 28, 1999 Page 96 ~~ 12. Land Use Chances There were no Land Use Change applications. 13. Post Agenda Items 1. Permit #2012 - Pt. SE. 36-22-17-W4 -Division 9 Pankratz, Darryl -Relocate Modular Unit & Variance to Land Use Bylaw Moved by J. Doerksen that we approve Development Permit #2012 to relocate a second residence within Pt. SE 36-22-17-W4 as per Section 31(2) of Land Use Bylaw # 1004-90 and subject to the following conditions: 1. That this use be classified as a modular home being a permitted use within the A - Agricultural District. This use is permitted under Section 9(4) of Land Use Bylaw #1004-90 in which the Municipal Planning Commission may waive requirements notwithstanding that the proposed development does not comply with the land use bylaw provided that, in the opinion of this commission: The development does not: Unduly interfere with the amenities of the neighbourhood, or materially interfere with or affect the use, enjoyment or value of neighbouring properties; The proposed development conforms with the use prescribed for that land or building in the land use bylaw; and The proposed development complies with any adopted statutory plans. The Municipal Planning Commission grants approval for a development permit for the second residence to be located within the SE 36-22-17-W4 because this residence is to be used as part of the agricultural operations as provided under Section 31(2) of Land Use Bylaw #1004-90. 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 this development permit is issued as per Section 9(4) of Land Use Bylaw # 1004- 90. 5. That the development shall be located as shown on the site plan submitted September 7, 1999. Any changes to that plan shall require the written approval of the Development Officer. 6. That this use shall comply with the Alberta Building Code. 7. That the developer shall obtain all required permits (i.e. building, electrical, plumbing, heating and ventilation) from an accredited inspection agency. 8. That the developer shall ensure an adequate supply of water is provided for this use. 9. That the developer shall ensure proper disposal of sewage and waste from this use. l 0. That the developer shat I ensure that the property is maintained to the satisfaction of the Development Officer. September 28, 1999 Page 97 ~,--a 1 l . That the developer shall ensure that construction materials, supplies and equipment are ` stored on the property. 12. That the developer shall ensure that continuous clean-up of construction debris tracked onto the public roadway where access is provided to the property. 13. That the developer shall enter into a road approach agreement with the County of Newell if a new approach is required to access the modular unit. When the mobile home is removed, the road approach shall also be removed. 14. That the developer shall ensure that the following minimum yard setbacks are maintained for this development: Front Side Flankage Rear *40 m 3 m *40 m 3 m * From centre line of any public roadway or Secondary Highway. I5. That this development approval is granted only for the relocation of a modular home onto Pt. SE 36-22-17-W4 as provided under Section 9(4) and 31(2) of Land Use Bylaw # 1004-90. Any other development will require separate application and approval. Carried. 2. Bylaw Amendment Discussion A discussion, on whether or not to delete the 80 acre lot size requirement for an additional residence for farm use, took place. ~-- 3. Greenwald Inlet Presentation The Commission discussed the Greenwald [nlet Presentation and directed the Planner to respond to the concerns addressed. 4. Alberta Agriculture, Food & Rural Development Sustainable Livestock Operations -Discussion Paper A Discussion Paper on Sustainable Livestock Operations was presented to the Commission for discussion at the next meeting. Home Occupation #100 - NW '/4 - 4-20-14-W4 -Division 8 Custom Recreation & Repair -Small En impair & Maintenance Moved by J. Doerksen that we approve Home Occupation Permit Application #100 for a small engine repair and maintenance business with the NW '/4 -4-20-14-W4 subject to the following conditions: That this use is classified as a home occupation being a discretionary use within the A - Agricultural District. September 28, 1999 Page 98 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. Storage of materials and goods shall only occur at the rear of the garage of the property and shall not be visible from Secondary Highway #873. 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 September 28, 2001. Renewal ofthis permit shal I 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 repair and maintenance of small engines only and shall be operated by the applicant at Lot 2, Block 7, Plan 9912109. Any other type of home occupation shall require a separate application and approval. Carried. 6. November & December Meeting Dates Moved by B. M`Kel lar that the November 1999 meeting and the December 1999 meeting be combined and held on December 14, 1999. Carried. 14. Ouestion Period/Notice of Motion A question period was held. 15. Adjourn Moved by Councillor Loewen that the meeting adjourn at 1:55 p.m. Carried. L' ~a.~x~ CHAIRMAN l~l~ri i~~./Gn~J SECRETARY September 28, 1999 Page 99