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Home My WebLink About2000-01-24 Municipal Planning Commission (Regular) Minutes County of Newell No. 4 Minutes of Municipal Planning Commission Meeting January 24, 2000 The regular Municipal Planning Commission Meeting of the County ofNewell No.4 was held in the County Office at Brooks, AB on Monday, January 24, 2000 commencing at 10:00 a.m. Members Present Chairman C. Baksa Councillors E. Stobbs R. Steinbach Representatives J. Doerksen B. McKellar Planner G. Shaw Recording Secretary P. Hoffman 1. Excused from Meeting All members were in attendance at this meeting. 2. Minutes Minutes of the December 14, 1999 meeting were presented to the Commission. Moved by Councillor Steinbach that we adopt these minutes as presented. Carried. 3. Call for Post Agenda Items The Chairman called for post agenda items. 4. Adoption of Agenda Moved by Councillor Stobbs that the agenda be adopted as amended. Carried. 5. Business from Minutes l 1- i Land Use Bylaw Amendments Moved by Councillor Steinbach that the following motion be lifted from the table: "Moved by Councillor Steinbach that we recommend to Council that first reading be given to the proposed new land use bylaw as presented by the Planner." Carried. Vote on motion. Carried. Moved by J. Doerksen that we recommend to Council that the Public Hearing for this new bylaw be held 60 to 90 days after the passing of first reading. Carried. January 24, 2000 Page 1 C" Development Permits 1. Permit #2051 - SW 9-19-14-W4 -Division 10 Janice Smith (Owner -Richard Smith) -Relocate Mobile Home Elwood Smith was in attendanZC,e to present information on the permit application. This application c,,~ ~.n~ was referred to the February ~h, 2000 meeting to allow time for a response from the County's Public Works Department and the Town of Brooks. Business from Minutes (cont'd) 11-2 Permit #1968 -Plan 8201258, Block 1, Lots 6 & 7 Demers, Paul & Marie -Division 1 The Planner reported on the status of Development Permit # 1968. Moved by Councillor Stobbs that we consider the conditions of the Subdivision and Development Appeal Board, with regard to Permit #1968, to have been fulfilled. Carried. 7. Home Occupation Permits 1. Permit # 103 -Plan 9711628, Block 5, Lot 5 -Division 10 Muller, Linda & Mike -Office & Telephone Moved by Councillor Stobbs that we approve Home Occupation Permit #103 to operate a grocery delivery service from the residence located within Plan 9711628, Block 5, Lot 5 subject to the following conditions: That this use is classified as a home occupation being a discretionary use within the CR - Country Residential District. That this use shall comply with all Federal, Provincial and Municipal statutes, regulations, codes and standards. That this use shall not affect the residential use of the property or adjacent properties and areas. That the total number of off-site employees, not including the occupants of the residence, involved with the said occupation shall not exceed two. 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 of development. 7. That this home occupation permit shall be valid for a time period until January 24, 2002. Renewal of this permit shall be subject to the applicants' performance during that time period. The applicant shall be responsible for re-applying one month before the expiry period. 8. That this home occupation permit is granted for a home office for a grocery delivery service to be operated by the applicant at Plan 9711628, Block 5, Lot 5 (SW 10-19-14-W4). Any other type of home occupation shall require a separate application and approval. January 24, 2000 Page 2 C~>> ,,.._, 8. Subdivisions 1. 00 NL 001 - Pt. NE 7-19-14-W4 -Division 10 Smith, Darrell -Industrial Subdivision Moved by B. McKellar that we recommend to Council approval of this subdivision 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 and being responsible for the relocation, modification and installation of services to the proposed parcel, if required; subject to the applicant providing municipal reserve, in the form of cash-in-lieu, in an amount to be determined when a plan of subdivision is returned for endorsement; subject to the applicant applying for and receiving an amendment to the land use zoning of the subject parcel from OF -Urban Fringe District to I - Industrial District prior to endorsement of the subdivision plan to ensure the current use complies with the land use district; subject to the applicant applying for development approval of the existing sand and gravel operation prior to endorsement of the subdivision plan; and subject to the applicant providing a road widening, by plan, within the proposed area along the eastern boundary and caveat within the remainder of the subject parcel. Carried. 2. 00 NL 002 -Plan 8210258, Block 3, Lot 8 -Division 1 Zahenaiko Davie -Residential Subdivision Moved by J. Doerksen that we recommend to Council approval of this subdivision subject to the `° applicant entering into an agreement with the County of Newell for the installation of an approach from Pioneer Crescent to the subject property; subject to the applicant being responsible for the costs ofmodification, relocation and installation of franchise utility services to both properties, if required; subject to the installation of separate services, if required by the Hamlet Advisory Committee, to the individuals lots to be created by this proposal. Carried. 9. Development Report The Development Report for December 8th, 1999 to January 17th, 2000 was presented to the Commission. Moved by Councillor Stobbs that we approve this report. Carried. 10. Correspondence 1. Response to Letter from Brisbin &Sentis EnQineerin~ Inc. A letter to Brisbin &Sentis Engineering Inc. from our Planner, in response to subdivision application B013-029 in the Town of Bassano, was presented to the Commission for information. January 24, 2000 Page 3 c 2. Response to Town of Brooks -Land Use Amendment -From Mobile Home Park District to Medium Density Residential District and Direct Control A letter to the Town of Brooks from our Planner, in response to a Land Use Amendment from Mobile Home Park District to Medium Density Residential District and Direct Control, was presented to the Commission for information. 11. Other Business 1. Compliance Letter Request 99 NL 076 -Plan 8311138, Block 1, Lot 4 -Division 5 CR -Country Residential District -Waiver of Side Yard Setback Requirement Moved by Councillor Steinbach that under Section 9(4) of Land Use Bylaw # 1004-90, to allow the 4 accessory buildings to remain situated within Plan 8311138, Block 1, Lot, we grant approval for the following: a variance of 2.11 m and 2.25 m (6.92 ft and 7.38 ft) to the 3.05 x 1.86 m accessory building; a variance of 2.04 m and 2.20 m (6.69 ft and 7.22 ft) to the 2.45 x 2.48 m accessory building; a variance of 2.32 m and 2.38 m (7.61 ft and 7.22 ft) to the 2.56 x 2.97 m accessory building; and a variance of 2.02 m and 3.08 m (6.63 ft and 10.11 ft) to the 3.08 x 3.70 m accessory building. Carried. 2. Subdivision Inquiry - Pt NW 4-20-14-W4 (Plan 801 l 572, Block 1) -Division 8 Reita Paddock and Diana Paddock were in attendance to make an inquiry with regard to the possibility of subdividing property located in a Pt. ofNW 4-20-14-W4. 12. Land Use Changes 1. Smith Darrell - Pt. NE 7-19-14-W4 -Division ] 0 OF -Urban Fringe District to I -Industrial District Darrell Smith was in attendance to present information on this Land Use Change application. Moved by J. Doerksen that we recommend to Council approval of an amendment to Land Use Bylaw # l 004-90 to rezone a part of the NE 7-19-14-W4 from OF -Urban Fringe District to I -Industrial District; that the land use designation not come into effect until such time as the subdivision application has been registered at Land Titles Office; and that the applicant obtain development approval for the existing operation. Defeated. Moved by B. McKellar that we recommend to Council approval of an amendment to Land Use Bylaw # 1004-90 to rezone a part ofthe NE 7-19-14- W4 from OF -Urban Fringe District to I -Industrial District. Carried. January 24, 2000 Page 4 L°&~~ Other Business (cont'd) 2. Subdivision Inquiry - Pt NW 4-20-14-W4 (Plan 8011572 Block 1) -Division 8 (cont'd) Moved by Councillor Stobbs that the Planner send a letter to Mr. & Mrs. Paddock stating that a land use would be required prior to a subdivision taking place, and as a land use change was denied last year and the reasons for denial have not changed, it is unlikely approval would be granted at this time. Carried. 3. Abandoned Rail Right-of--Ways -Request from Council The Planner was directed to send a letter to Transport Canada requesting the regulations that cover rail line companies. Lunch The Commission recessed for lunch from 12:10 p.m. to 12:45 p.m. 3. Abandoned Rail Right-of--Ways -Request from Council (cont'd) Administration was directed to get a legal opinion with regard to rezoning abandoned rail right-of- - ways to Direct Control. 4. Horses Within Hamlet Boundaries A memo from Sp. Cst. Kisko, with regard to horses within hamlet boundaries, was presented to the Commission. An extensive discussion was held on this issue. The Planner was directed to include a definition of "domestic pet" in the new land use bylaw. The Chairman will discuss this memo and the decision of the Commission with Council. 13. Post Agenda 1. Town of Brooks -Amendment to Land Use Bylaw (Chan Investments Ltd) -Bylaw 99/37 A letter from the Town of Brooks, with regard to an amendment to their Land Use Bylaw that rezones the property north of Cassils Road, east of Sutherland Drive and south of the TransCanada Highway to Direct Control, was presented to the Commission for information. January 24, 2000 Page 5 2. Page, Jason & Carcie - Pt. NE & SE 14-20- I S-W4 -Division 8 A -Agriculture District to CR -Country Residential District This item was referred to the next meeting to allow circulation to the Eastern Ircigation District, Lakeside Industries and Alberta Infrastructure. 14. Question PeriodMotice of Motion A question period was held. Moved by Councillor Steinbach that the March 28th, 2000 meeting be moved to March 31st, 2000. Carcied. 15. Adjourn Moved by Councillor Stobbs that the meeting adjourn at 1:45 p.m. Carried. r!! ~Sr~~:-. CHAIRMAN SECRETARY January 24, 2000 Page 6