HomeMy WebLinkAbout1999-10-26 Municipal Planning Commission (Regular) Minutes
~ County of Newel I No. 4
Minutes of Municipal Planning Commission Meeting
October 26, 1999
The regular Municipal Planning Commission Meeting ofthe County ofNewell No.4 was held
in the County Office at Brooks, AB on Tuesday, October 26, 1999 commencing at 10:00 a.m.
Members Present Chairman C. Baksa
Councillors E. Stobbs
R. Steinbach
Representatives J. Doerksen
B. M`Kellar
Planner G. Shaw
Assistant Administrator A. Martens
Recording Secretary P. Hoffman
1. Selection of Chairman
The Assistant Administrator called the meeting to order and asked for nominations for the
position of Chairman. Councillor Stobbs nominated Councillor Baksa. Moved by J.
Doerksen that nominations cease. Carried. Councillor Baksa assumed the position of
Chairman.
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2. Selection ofVice-Chairman
The Chairman called for nominations for the position ofVice-Chairman. Councillor Stobbs
nominated J. Doerksen. Moved by Councillor Steinbach that nominations cease. Carried.
J. Doerksen assumed the position ofVice-Chairman.
3. Excused from MeetinS
All members were in attendance at this meeting.
4. Minutes
Minutes of the September 28, 1999 meeting were presented to the Commission. Moved by
J. Doerksen that we adopt these minutes as presented. Carried.
5. Call for Post Agenda Items
The Chairman called for post agenda items.
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October 26, 1999 Page 100
Adoption of Agenda
Moved by J. Doerksen that the agenda be adopted as amended. Carried.
7. Business from Minutes
11-1 Land Use Bvlaw Amendments
This item will be brought to the December 14`h, 1999 meeting.
9 Agricultural Fieldman -Subdivision Concerns
The Assistant Administrator reviewed the legal opinions on this item.
13-4 Alberta Agriculture, Food & Rural Development
Sustainable Livestock Operations -Discussion Paper
The Planner reported on the Sustainable Livestock Operations meeting in Lethbridge.
Development Permits
1. Permit #2032 -Plan 7410106, Block 3 -Division 3
Moore, Robert -Construct Oversized Accessory Building
Moved by Councillor Stobbs that this item be postponed until later in the meeting. Carried.
2. Permit #2033 - Pt. W '/z 15-19-17-W4 -Division 6
Hutterian Brethren of Lathom -Construct New Colonv
Eli Wurz, Mike Hofer, Jake Wurz and Mike Hofer, of the Lathom Hutterian Brethren were
in attendance to provide information on this application. Moved by Councillor Stobbs that
we approve Development Application Permit #2033 to construct the following facilities
within the W 'h 15-19-17-W4: residential buildings, school buildings, church/kitchen
building, slaughter house, kindergarten/shoe repairbuilding, cold storage building, truck shop,
tractor shop, blacksmith/carpentry shop, power building, sewage lagoon and water reservoir
subject to the following conditions:
1. That these uses are classified under "Other Uses ofa SimilarNature as Approved by the
Municipal Planning Commission" and include residential buildings, school building,
church and kitchen building, cold storage building, truck shop, tractor shop,
blacksmith/carpentry shop, power building, slaughter house, kindergarten/shoe repair
building, sewage lagoon and water reservoir, which collectively form a new colony to
be established within the W '/z 15-19-17-W4.
October 26, 1999 Page 101 `-
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,~^ 2. That these uses shall comply with all Federal, Provincial and Municipal statutes,
regulations, codes and standards.
3. That these uses shall comply with Section 49 of Land Use Bylaw #1004-90 being the
A -Agricultural District.
4. That the development shall be located as shown on the site plan submitted on October
I5, 1999. Any changes to that plan shall require the written approval of the
Development Officer.
5. That this use shall comply with the Alberta Building Code where applicable.
6. That the developer shall be responsible for obtaining all required permits (i.e. building,
electrical, plumbing, heating and ventilation) from an accredited inspection agency.
7. That the developer shall provide to the Development Officer a copy of the building
permit prior to the commencement of construction.
8. That the developer shall ensure that the proposed development complies with the
following minimum setback requirements:
Front Side Flankage Rear
40m 3m 40m 3m
9. That the developer shat I enter into a Road Approach Agreement with the County for the
installation ofa road approach to the W %z 15-19-17-W4. Only one road approach shall
be permitted into the subject property.
10. That the developer shall contact Alberta Environment to determine if licences are
required for the construction of the private sewage lagoon and reservoir within W'/z 15-
19-17-W4. If licences are required, these will be provided to the Development Officer
prior to the commencement of construction for each one.
11. That the developer shall contact the Palliser Health Authority to determine any
~` requirements this agency may have respecting the proposed development of a new
colony within the W %z 15-19-17-W4 and, in particular, the construction of a private
sewage lagoon and water reservoir.
12. That the developer shall be responsible for ensuring that there is a sufficient supply of
potable water for the maximum amount of people anticipated to locate within the
colony.
13. That the developer shall be responsible for ensuring that solid waste is sufficiently
treated to ensure no pest management problems or human health problems. The
developer shall contact the Palliser Health Authority to determine what requirements
this agency may have in regard to a private waste treatment facility.
14. That the developer shall ensure that the property is maintained to the satisfaction of the
Development Officer.
I5. That this development approval is granted until October 26, 2001. Any extension of
time beyond this date must be considered by the Municipal Planning Commission and
must be made in writing one month before the expiry date.
16. That no development approval is granted for the hog barn, cow barn, layers, broilers or
duck buildings. Each of these shall require separate applications and approvals.
Carr ied.
3. Permit #2035 -Plan 4945 F.W., Block 7, Lot 5 -Division 1
Aleman, Gerald -Used Car Sales Outlet -Hamlet of Rolling_Hills
Moved by Councillor Stobbs that we approve Development Permit Application #2035 for a
~ used car~t'sales outlet at Plan 4945 F.W., Block 7, Lot 5 subject to the following conditions:
October 26, 1999 Page 102
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1. That this use be classified as a "Used Car Sales Outlet" being a discretionary use within
the HC -Hamlet Commercial 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 59 of [.and Use Bylaw # 1004-
90 pertaining to the Hamlet Commercial District.
4. That the development shall be located as shown on the site plan submitted October 19,
1999. Any changes to that plan shall require the written approval of the Development
Officer.
That the developer shall ensure that the vehicles maintain the following setback
distances:
Front Side Flankage Rear
3m Om* 3m 6m
*One side yard shall extend to 4.5 metres where no lane exists.
6. That the total number of vehicles available for display at any time under this
development approval shall be limited to five (5). All vehicles shall be in good repair.
No dilapidated or unsightly vehicles shall be permitted. Only minor repair of vehicles
shall be permitted at the proposed location.
7. That this development approval shall be granted for as long as the property owner grants
approval to the applicant to operate a used care sales outlet. When this approval is
terminated, the applicant shall remove all vehicles within thirty (30) days.
8. That no outside storage of materials, parts, equipment, etc., shall be permitted. All
storage shall be within the existing building. Any office shall also be located within this
building.
9. That the applicant shall ensure that the property is maintained to the satisfaction of the
Development Officer.
Carried.
9. Post Agenda Items
1. Delegation -Neil Johnson - SW 10-19-14-W4 -Division 10
Country Residential Development Inquiry
Neil Johnson, ofJohnson Farms (Brooks) Ltd. and Janine Schoff, of Trendsetter Homes, were
in attendance to present information on proposed new development for Johnson Acres in
prelude to presenting an Area Structure Plan.
Development Permits (cont'd)
1. Permit #2032 -Plan 7410106, Block 3 -Division 3
Moore. Robert -Construct Oversized Accessory Building (cont'd)
Moved by Councillor Steinbach that we approve Development Permit Application #2032 to
construct an accessory building within Plan 7410106, Block 3 granting a 106.78 mZ (1149 ftZ)
variance to Section 51.7(3) of Land Use Bylaw #1004-90 to permit the building to be
constructed to a size of 297.40 m2 (3200 ft') and subject to the following conditions:
October 26, 1999
Page 103
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r"~ 1. That this use be classified as an "Accessory Building" being a discretionary use within
the CR2 -Country Residential 2 District as varied by the decision of the Municipal
Planning Commission on October 26, 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 52 of Land Use Bylaw # 1004-
90 pertaining to the Country Residential 2 District.
4. That the development shall be located as shown on the site plan submitted October 13,
1999. Any changes to that plan shall require the written approval of the Development
Officer.
5. That this use shall comply with the Alberta Building Code where applicable.
6. That the developer shall be responsible for obtaining all required permits (i.e. building,
electrical, plumbing, heating & ventilation) from an accredited inspection agency.
7. 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 *7.5 m 7.Sm
* Minimum yard distance from subdivision streets or service roads.
8. That the developer shall provide a copy of the building permit to the Development
Officer prior to the commencement of construction of the building.
9. That the proposed development shall be located at least 1.5 m from the principle
building.
10. That the proposed development shall be located either to the rear of the existing
accessory building or to the north of it. The proposed building shall not be located west
i'" of the existing accessory building.
1 1. That the developer shall ensure the proposed development does not exceed 7 m in
height. If an amendment to this variance is required, the developer shall be responsible
for making a written request to the Municipal Planning Commission for their
consideration.
12. That the developer shall ensure the proposed development does not have walls
exceeding 3 m in height. [fan amendment to this variance is requested, the developer
shat l be responsible for making a written request to the Municipal Planning Commission
for their consideration.
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 properly.
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 this development approval is given only for the construction of an accessory
building as indicated in the application submitted October 13, 1999, within Plan
7410106, Block 3. Any other development shall require a separate application and
approval.
17. That the developer shall landscape the sideyard to the south of the proposed location
with mature trees to the satisfaction of the Development Officer to reduce the visual
impact of the proposed building to the adjacent property.
October 26, 1999 Page 104
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18. That the developer shall construct a fence along the rear yard of the property to the
satisfaction of the Development Officer prior to October 26, 2000, to block thru traffic
onto the County road from the subject parcel.
19. That the developer shall enter into a road approach agreement for the installation of an
approach from the service road.
20. That the Municipal Planning Commission grants a variance of 106.78 m2 (1149 ftz) to
Section 51.7(3) of Land Use Bylaw # 1004-90 to permit the building to be constructed
to a size of 297.40 mZ (3200 ftZ).
21. That this parcel will be used for the parking and storage of picker trucks only and will
not be used as a light industrial business or for the storage of equipment that is being
transported by the picker trucks.
Carried.
Lunch
The Commission recessed for lunch from 12:00 noon to 12:35 p.m.
10. Home Occupation Permits
There were no Home Occupation Permits.
11. Subdivisions
1.99 NL 027 -Plan 9510377, Block 3, Pt. NE 30-20-14-W4 -Division 8
Christianson, Cameron -Farmstead Separation (Allen Torkelson Owner)
Moved by Councillor Steinbach that we recommend to Council approval of Subdivision
Application 99 NL 027 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 removal of two of the existing approaches to the proposed parcel; subject to the
applicant entering into an agreement to remove two of the residences located on the proposed
parcel as it exceeds the number permissible under Section 31 of the land use bylaw; subject
to the registration of a deferred municipal reserve caveat against the remnant parcel; subject
to the registration of a caveat for the dedication of 5 metres along the easterly 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
ofthe Eastern Irrigation District with respect to the conveyance of water as wel I as easements;
and subject to the applicant providing easements to franchise utilities for providing services
to the proposed parcel. Carried.
A discussion was held on the automatic approval policy for farmstead separations.
October 26, 1999
Page 105
~ 2. 99 NL 028 - Pt. SW 16-20-12-W4 -Division 3
Bjelland, Dennis & Jason -Farmstead Separation
Moved by B. M`Kellar that we recommend to Council approval of Subdivision Application
99 NL 028 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 as well as easements; subject to the applicant providing easements to
franchise utilities for providing services to the proposed and remnant parcels; subject to the
registration of a deferred municipal reserve caveat against the remnant parcel; and subject to
all oil and gas company leases, rights-of--way, Board Orders, etc. being carried forward, as
required, when the subdivision mylar is registered at Land Titles Office. Carried.
12. Development Report
The Development Report for September 22, 1999 to October 20, 1999 was presented to the
Commission. Moved by Councillor Stobbs that we approve this report. Carried.
13. Correspondence
1. Response to Town of Brooks -Land Use Bylaw Amendment
Plan 81 11859. Block 2. Lot 34
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A letter of response from the County Planner to the Town of Brooks, with regard to an
amendment to their Land Use Bylaw for Plan 8l 11859, Block 2, Lot 34, was presented to the
Commission for information.
2. Response to Town of Brooks -Land Use Bylaw Amendment -Plan 7611071. Block 2
A letter of response from the County Planner to the Town of Brooks, with regard to an
amendment to their Land Use Bylaw for Plan 7611071, Block 2, was presented to the
Commission for information.
3. Response to Town of Brooks -Subdivision Application 99 SUB 03
Plan 7611071. Block 2
A letter of response from the County Planner to the Town of Brooks, with regard to
Subdivision Application 99 SUB 03 in Plan 7611071, Block 2, was presented to the
Commission for information.
October 26, 1999
Page 106
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4. Response to Karen Rose -Greenwald Inlet Correspondence
A letter of response from the County Planner to Karen Rose, with regard to Greenwald Inlet
correspondence, was presented to the Commission for information.
5. Town of Brooks -Subdivision Application 99 SUB 04 - SW 3-19-14-W4
A letter from the Town of Brooks, with regard to Subdivision Application 99 SUB 04 in SW
3-19-14-W4, was presented to the Commission. The Planner will respond to this letter.
14. Other Business
There were no items of Other Business.
15. Land Use Chances
There were no Land Use Change applications.
Post Agenda Items (cont'd)
2. Home Occupation Permit #101 -Plan 8010286, Block 1, Lot 1 -Division 8
Ramsay, Cindy -Country Residential District -Sale of Musical Accessories
Moved by J. Doerksen that we approve Home Occupation Permit Application #101 for the
sale of miscellaneous musical accessories in Plan 8010286, Block 1, Lot 1 subject to the
following conditions:
1. That this use is classified as a home occupation 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 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.
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 October 26,
2001. Renewal ofthis permit shall 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.
October 26, 1999 Page 107
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8. That this home occupation is granted for the sale of miscellaneous musical accessories
to be operated by the applicant at Plan 8010286, Block 1, Lot 1. Any other type of
home occupation shall require a separate application and approval.
Carried.
3. Home Occupation Permit #102 -Plan 9812946, Block 1 -Division 7
Watts, Conrad -Office & Telephone for Backhoe Service
Moved by Councillor Stobbs that we approve Home Occupation Perm it Application # 102 for
an office and telephone for a backhoe service in Plan 9812946, Block 1 subject to the
following conditions:
1. That this use is classified as a home occupation 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 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.
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.
r'" 7. That this home occupation permit shall be valid for a time period until October 26,
2001. Renewal ofthis permit shall be subject to the appl icant'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 an office and telephone for a backhoe service
at Plan 98 12946, Block 1. Any other type of home occupation shall require a separate
application and approval.
Carried.
4. Permit #2038 -Plan 2819 DB, Block 9, Lot 8 -Division 3
Turton. Joanie -Moved-[n Residence
Moved by Councillor Stobbs that we approve Development Permit Application #2038 for a
moved-in building to be relocated to Lot 8, Block 9, Plan 2819 DB in the Hamlet of Patricia
subject to the following conditions:
1. That this use be classified as a "Moved-in Building" being a discretionary use within
the HSF -Hamlet Single Family 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 56 of the Land Use Bylaw
#1004-90 pertaining to the Hamlet Single Family Residential District.
October 26, 1999 Page 108
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4. That the development shall be located as shown on the site plan submitted October 26,
1999. Any changes to that plan shall require the written approval of the Development
Officer.
5. That this permit shall only be for the relocation of the single family. residence to Lot 8,
Block 9, Plan 2819 DB in the Hamlet of Patricia. 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 provide to the Development Officer a copy of the Building
Permit prior to the commencement of construction of the foundation.
9. That the developer shall ensure that the proposed development complies with the
following minimum setback requirements:
Front Side Flankage Rear
7.Sm 1.5m 3m 3m
10. That the developer shall ensure an adequate supply of water is provided for this use.
11. That the developer shall ensure proper disposal of sewage and waste from this use.
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 construction materials, supplies and equipment are
stored on the property.
14. That the developer shall ensure the continuous clean-up of construction debris tracked
onto the public roadway where access is provided to the property.
15. That if a new approach is required, the applicant shall obtain approval from the County
for a new one prior to the commencement ofconstruction, or relocation ofthe residence
to the Lot 8, Block 9, Plan 2819 DB in the Hamlet of Patricia.
16. That the applicant replace all windows, facia and soffits and install eavestroughing.
17. That the applicant repair or replace all siding and/or shingles as may be damaged during
the relocation process.
18. That the applicant has until October 26, 2000 to complete the required alterations.
19. That the applicant supply the County with an irrevocable letter of credit in the amount
of $5,000.00 prior to the relocations of the single family residence. The Irrevocable
Letter of Credit will be used to complete the required alterations should the applicant
fail to do so or be returned to the applicant when the required alterations have been
completed.
20. That the developer provide to the Development Officer a copy of an inspection report
on the electrical wiring to be conducted by a certified electrical inspector. This
inspection report will be submitted prior to the relocation of the single family residence.
Any deficiencies shall be completed prior to October 26, 2000.
Moved by Councillor Stobbs that this motion be postponed to give the Commission the
opportunity to view the building in question. c:.~a~-~=~' C(5
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October 26, 1999
Page 109
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Permit #2014 -Plan 9901983, Block I, Lot 3 -Division 8
Benci, Louis & Jorgensen, Ed -Relocate Mobile Home
Moved by Councillor Steinbach that the following motion be lifted from the table: "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 shall comply with the provisions of Section S1 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 of the
Development Officer.
S. 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 of the development permit applications
to be located within Plan 9910983, Block 1, 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.
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 ofconstruction 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.
1 S. 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 permitted on the property exceptfor the one granted
approval under development permit application #2014 and as provided for under
October 26, 1999
Page 110
Section 31 of County of Newell Land Use Bylaw #100-90.
17. That the developer shall undertake to mow al! 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."
Vote on motion to lift from table. Carried.
Moved by B. M`Kellar that we table this motion. Carried.
Moved by J. Doerksen that the Planner send a letter to the developer stating that we have
tabled his current application to be brought forward again at the December 14, 1999 meeting
to give him the opportunity to meet the conditions of the June 19, 1997 service agreement
which need to be met prior to further development. Carried.
Recess
The Commission recessed from 1:48 p.m. to 2:05 pm.
Permit #2038 -Plan 2819 DB, Block 9, Lot 8 -Division 3
Turton Joanie -Moved - In Residence_ (cont'd)
After viewing the building to be moved, the Chairman called for a vote on the postponed
motion. Carried.
16. Question Period/Notice of Motion
A question period was held.
17. Adjourn
Moved by Councillor Stobbs that the meeting adjourn at 2:08 p.m. Carried.
CHAIRMAN
SECRETARY
October 26, 1999 Page l 1 1