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Home My WebLink About2000-02-29 Municipal Planning Commission (Regular) Minutes~.~ ~` County of Newell No. 4 Minutes of Municipal Planning Commission Meeting February 29, 2000 The regular Municipal Planning Commission Meeting ofthe County ofNewell No.4 was held in the County Office at Brooks, AB on Tuesday, February 29, 2000 commencing at 10:00 a.m. Members Present Chairman C. Baksa Councillors R. Steinbach Representatives J. Doerksen B. M`Kellar Planner G. Shaw Assistant Administrator A. Martens Recording Secretary P. Hoffinan 1. Excused from Meetins Moved by Councillor Steinbach that Councillor Stobbs be excused from this meeting. Carried. 2. Minutes Minutes of the January 24, 2000 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 A ea nda Moved by R. Steinbach that the agenda be adopted as amended. Carried. 5. Business from Minutes 6-1 Permit #2051 - SW 9-19-14-W4 -Division 10 Janice Smith (Owner -Richard Smithl -Relocate Mobile Home Moved by Councillor Steinbach that we deny Permit #2051 to locate a mobile home on a Pt. of SW 9-19-14-W4 as it does not conform to Sections 54.2 and 31 of the Land Use Bylaw in that it would be the second residence on this property. Carried. February 29, 2000 Page 7 ~i' 1 I-2 Permit #1968 -Plan 8210258, Block 1, Lots 6 & 7 Demers, Paul & Marie -Division 1 A letter from William Wardrop and Ronald Hanke, with regard to the decision of the Municipal Planning Commission concerning Permit # 1968, was presented to the Commission as information. Additional information was obtained from Brownlee Fryett on several issues related to this matter and presented to the Commission. 12-3 Abandoned Rail Right-of--Ways -Storage of Railwa~Equipment A letter from Transport Canada, with regard to the storage of railway equipment, was presented to the Commission. Moved by Councillor Steinbach that we ask legal counsel to formulate an addition to our Land Use Bylaw with regard to the storage of railway equipment. Carried. 6. Development Permits 1. Permit #2055 -Plan 8210258, Block 3, Lot 8 -Division 1 Zahenaiko, Dave -Construct Duplex Moved by J. Doerksen that we approve development application #2055 to construct a duplex within Plan 8210258, Block 3, Lot 8 subject to the following conditions: 1. That this use be classified as a "Duplex" 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 Land Use Bylaw #1004-90 pertaining to the HSF -Hamlet Single Family Residential District. 4. That the development shall be located as sho~~vn on the site plan submitted January 17, 2000. Any changes to this plan shall require the written approval of the Development Officer. 5. That the development shall be sited on Lot 8, Block 3, Plan 8210258 so that the following setbacks are maintained to the propem~ lines: Front Side Flankage Rear *7.5m 1.5m *3m 3m *Minimum yard distance from subdivision streets or service roads. 6. That this use shall comply with the Alberta Building Code where applicable. 7. That the developer shall provide to the Development Officer a copy of the building permit issued by an accredited inspection agency for the construction of the duplex prior to commencement of construction. 8. That the developer shall obtain all required permits (i.e. building, electrical, plumbing, heating, ventilation and gas) from an accredited inspection agency. 9. That the developer shall ensure an adequate supply of water is provided for these uses. ] 0. That the developer shall ensure proper disposal of sewage and waste from these uses. 11. That the developer shall ensure that the property is maintained to the satisfaction of the Development Officer. February 29, 2000 Page 8 C: ~' 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 this development permit is issued only for the construction of a duplex within Plan 8210258, Block 3, Lot 8. All other development shall require a separate development permit application and approval. 15. That the developer shall be responsible for the modification and relocation of franchise utilities if required. 16. That the developer shall ensure that, prior to backfilling of water and sewer lines, the Hamlet Advisory Committee is contacted to ensure any of their requirements are satisfied. The developer is responsible for ensuring proper water and sewer connections. 17. That the developer shall be responsible for resurfacing the excavation to tie-in municipal services to the satisfaction of the Public Works Department. The developer shall contact Mr. Earl Somerville, 362-3504, to determine County ofNewell standards for roadways and when the work shall be completed. 18. That the developer shall enter into an Approach Agreement with the County ofNewell for the approach onto the public roadway attached to and forming a part of this development approval. This agreement shall be returned to the Development Officer prior to the commencement of construction. 19. That the developer shall register with Land Titles Office a subdivision plan which creates two titles for Plan 8210258, Block 3, Lot 8 in which the common wall of the duplex is the property line. This subdivision plan shall be registered prior to - occupancy of either side of the duplex or sooner. 20. That the developer shall provide to tl~e Development Officer a copy of the building plans prior to commencement of construction. Carried. 2. Permit #2058 - Pt. NE 7-19-14-W4 -Division 10 Smith, Darrell & Kathy -Sand & Gravel Operation Moved by J. Doerksen that we approve development application #2058 to operate a sand and gravel operation within Pt. NE 7-19-14-W4 subject to the following conditions: 3 4. That this use be classified as a "Sand & Gravel Operation" being a discretionary use within the I -Industrial District. That this use shall comply with all Federal, Provincial and Municipal statues, regulations, codes and standards. That this use shall comply with the provisions of Section 54 of Land Use Bylaw #1004-90 pertaining to the I -Industrial District. That the development shall be located as shown on the site plan submitted January 27, 2000. Any changes to that plan shall require the written approval of the Development Officer. February 29, 2000 Page 9 ^'3 That the development shall be sited on Pt. NE 7-19-14-W4 so that the following setbacks are maintained to the property lines: Front Side Flankage Rear *40 m 3 m *40 m 3 m *Setback requirement is from the centre of the County roads. 6. That this use shall comply with the Alberta Building Code where applicable. 7. That the developer shall ensure that the existing building has all required permits (i.e. building, electrical, plumbing, heating, ventilation and gas) 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. 10. That the developer shall ensure that there is sufficient distance from the side yard property line and the existing sewage field to ensure compliance with provincial codes. 11. That the developer shall ensure that the property is maintained to the satisfaction ofthe Development Officer. 12. That this development approval is issued conditional upon the land use amendment application being approved by the County of Newell. This development approval was granted by the Municipal Planning Commission based on the subject parcel being designated as I -Industrial District and was treated as presently in place. If the land use amendment is not approved, this development approval is null and void. 13. That the developer shall obtain development approval from Alberta Infrastructure and provide a copy of it to the Development Officer prior to April 1, 2000. A copy of an application form is attached to and forms a part of this development approval. Carried. Permit #2061 -Plan 8310003, Block 8, Lot 3 -Division 10 Brooks Asphalt & Aggregate -Operation of Portable Asphalt Plant This item was referred to the next meeting. Business from Minutes (cont'd) 13-2 Page, Jason & Carrie - Pt. NE & SE 14-20-15-W4 -Division 8 A -Agriculture District to CR - CountrYResidential District Carrie Page was in attendance to present information on this land use change request. Moved by B. M`Kellar that we recommend to Council that they deny first reading of a bylaw to amend the land use designation of Pt. NE & SE 14-20-15-W4 from A -Agricultural to CR - Country Residential District. Carried. 7. Home Occupation Permits There were no Home Occupation Permits. February 29, 2000 Page 10 fir; 8. Subdivisions 1. 00 NL 003 - Pt. NW 17-16-13-W4 -Division 1 Skriver, Earl (owners - R & D Balls) -Farmstead Separation Earl Skriver was in attendance to present information on this application. Moved by Councillor Steinbach that we recommend to Council approval of subdivision application 00 NL 003 for a farmstead separation in Pt. NW 17-16-13-W4, that we waive Section 31 of the land use bylaw requiring a single dwelling on each property and subject to the following conditions: 1. The applicant entering into an agreement stipulating that the second dwelling will be removed when the parents are deceased or the property is sold. 2. The applicant entering into an agreement with the County ofNewell for the installation of the proposed approach from Secondary Highway 875 to the remnant parcel. 3. The applicant, prior to endorsement of the subdivision plan, relocating any structures which may be within the 40 m setback requirement. 4. The applicant meeting all requirements of the Eastern Irrigation District with respect to the conveyance of water as well as easements. A domestic water agreement may also be required. 5. The applicant providing easements to franchise utilities for providing services to the proposed parcel. 6. 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. 2. 00 NL 006 - Pt. NW 4-20-14-W4 & Plan 8011572, Block 1 -Division 8 Paddock, Wayne & Reita (owners -Paddock & Bari) Residential Subdivision Reita Paddock, Myles Paddock, Cory Paddock and Lawyer Orval Shantz were in attendance to present information on this application. Moved by Councillor Steinbach that, to protect current farming practices in that area, we recommend to Council that subdivision application 00 NL 006, Pt. NW 4-20-14-W4 and Plan 801 1572, Block ] be denied. Carried. 3. 00 NL 004 - Pt. SE 1-15-14 -W4 -Division 1 Cordes, Larry (owners - T & M Daniels) -Farmstead Separation Moved by J. Doerksen that we recommend to Council approval of subdivision application 00 NL 004 in Pt. SE 1-15-14-W4 subject to the following conditions: 1. The applicant entering into an agreement with the County ofNewell forthe installation of any required accesses for the proposed and remnant parcels. 2. The registration of a caveat for the dedication of 5 metres along the southerly and 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. 3. The applicant meeting all requirements of the Eastern [rrigation District with respect to the conveyance of water as well as easements. February 29, 2000 Page I 1 ;,`; ,>> 4. The applicant providing easements to franchise utilities for providing services to the proposed and remnant parcels. 5. 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. 6. The application reflecting the proper setback requirement of the A -Agricultural District, being 3 m from the rear yard property line and 3 m from the side yard property line. Carried. 4. 00 NL 005 - Pt. SW 10-19-14-W4 -Division 10 Weiss, Sandra - Country Residential Subdivision Moved by B. M°Kellarthat we recommend to Council approval of subdivision application 00 NL 005 in Pt. SW 10-19-14-W4 for a country residential subdivision waiving the requirements of Section 51.7 for an accessory building which appears to not conform with the size requirements of this district and subject to the following conditions: 1. The registration ofa caveat forthe dedication of 5 metres along the southerly boundary of the subject parcel for future road widening to be purchased at a rate that is consistent with County Policy at that time. 2. The applicant, if required, closing one, and possibly two, road approaches onto the western road and access to the parcel be through an approach off of the service road. 3. Approval for a land use amendment application to amend the land use designation of the westerly 495 feet of the southwest quarter from OF -Urban Fringe District to CR - Country Residential District. Ifthe land use amendment is not approved, any approval granted for this application will be deemed to be null and void. 4. 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. The applicant will need to submit the required amount to the County prior to endorsement. If the applicant and County cannot agree on the required amount, the applicant may provide their own appraisal prior to endorsement. 5. The applicant entering into an development agreement for the construction of a service road as well as utilities and other related matters. This agreement will need to be signed by the applicant prior to endorsement of the subdivision plan. 6. The applicant forming a residents' association to be responsible for the maintenance of the public utility lot. This residents' association will need to be formed prior to the endorsement of the subdivision plan. 7. The applicant meeting all requirements of the Eastern Irrigation District with respect to the conveyance of water as well as easements. A domestic water agreement may also be required. 8. The applicant providing franchise utilities with easements for the provision of services to individual lots. The applicant will also be responsible for the cost associated with the installation, modification and relocation of services to these lots. February 29, 2000 Page 12 L~.~ . _ 9. The applicant being responsible for ensuring that al I Board Orders, access agreements, easements, utility right-of--ways, surface leases; etc, will be continued on title when the new titles are created at Land Titles Office. Carried. Lunch The Commission recessed for lunch from 12:00 noon to 12:45 p.m. 5. 00 NL 007 - Pt. W'/z 28-16-15-W4 & Pt. NE 29-16-15-W4 -Division 4 Eastern Irrigation -Agricultural Subdivision Moved by J. Doerksen that we recommend to Council approval of subdivision application 00 NL 007 in Pt. W'/~ 28-16-15-W4 & Pt. NE 29-16-15-W4, waiving Section 49.3 of the land use bylaw to permit the proposed 71.46 acre parcel rather than 80 acres as required for farm uses, and subject to the following conditions: 1. The applicant providing road dedication along the western boundary of Road Plan 212 JK as well as entering into a road approach agreement to provide access to the site, if required by Alberta Infrastructure. 2. The applicant applying for the closure and sale of the undeveloped road allowance, as well as Road Plan 3302 BM, to be completed prior to the endorsement of the "~ subdivision plan by the municipality. 3. The applicant meeting all requirements of the Eastern Irrigation District with respect to the conveyance of water as well as easements. 4. 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. 9. Development Report The Development Report for January 18, 2000 to February 23, 2000 was presented to the Commission. Moved by B. M`Kellar that we approve this report. Carried. 10. Correspondence 1. Brisbin &Sentis En ineering Inc. -Subdivision Application -Town of Bassano A letter from Brisbin &Sentis Engineering Inc., with regard to a Town of Bassano subdivision application, was presented to the Commission as information. February 29, 2000 Page 13 ~~ V 11. Other Business 1. Variance to Cassils Road Area Structure Plan -Plan 9512659, Block 4, Lot 9 Deunk, John & Valerie -Westland Acres -Side Yard Setback Variance -Division 10 Moved by Councillor Steinbach that we approve a variance of .15 m (.49 ft) to the 1.5 m (5 ft) side yard setback requirement of Bylaw # 1128-95 to Plan 9512659, Block 4, Lot 9 and allow an attached garage to remain as constructed. Carried. 12. Land Use Chances 1. Weiss, Sandra - Pt. SW 10-19-14-W4 -Division 10 OF -Urban Fringe District to CR -Country Residential District Moved by J. Doerksen that we recommend to Council that consideration be given to first reading of a bylaw to amend the land use zoning of Pt. SW 10-19-14-W4 from OF -Urban Fringe District to CR -Country Residential District; that consideration be given to directing the applicant to have soils test of the subject property performed by a professional to determine that it would not be more appropriate to leave it as agricultural; and that the land use amendment not take affect until a subdivision plan is registered with Land Titles Office. Carried. 13. Post Agenda Items 1. Permit #2062 - Pt. SE 30-19-15-W4 -Division 5 Murray, Brian (owner -Bank of Montreal) -Relocate ATCO Trailer Moved by J. Doerksen that we approve development application #2062 to relocate an ATCO trailer onto the SE 30-19-15-W4 subject to the following conditions: 1. That this use be classified as a "Moved-in Building" 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 comply with the provisions of Section 49 of Land Use Bylaw #1004- 90 pertaining to the Agricultural District. 4. That the development shall be located as shown on the site plan submitted February 23, 2000. 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 an ATCO trailer as shown in the photos submitted with development permit application #2062. 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, venti lation and gas) from an accredited inspection agency. February 29, 2000 Page 14 ~'~~~ 8. That the developer shall provide to the Development Officer a copy ofa building permit for the relocation of the ATCO trailer to the subject property prior to May 1, 2000. 9. That the developer shall ensure that the proposed development complies with the following minimum setback requirements: Front Side Flankage Rear *40 m 3 m *40 m 3 m *Minimum yard distance from the centreline of the public road. ] 0. That the developer shall ensure an adequate supply of water is provided for this use. l 1. 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 the residence shall be completed to the satisfaction of the Development Officer by August 31, 2000. 16. That the developer shall ensure that the ATCO trai ler is skirted to the satisfaction of the Development Officer. 17. That the developer shall provide a letter of authorization from the Bank of Montreal prior to Apri120, 2000, permitting the applicant to relocate the ATCO trailer to the SE 30-19-15-W4. Carried. 2. Permit #2063 - Pt. SE 30-19-15-W4 -Division 5 Murray, Brian (owner -Bank of Montreal) -Farm Subsidiary Occupation Moved by Councillor Steinbach that we approved permit #2063 for a farm subsidiary occupation, being a construction business, to be operated from the SE 30-19-15-W4 subject to the following conditions: 1. That this use is classified as a "Farm Subsidiary Occupation" being a discretionary use within the A -Agricultural District. 2. That this use shall comply with al! Federal, Provincial and Municipal statues, regulations, codes and standards. 3. That this use shall comply with the provisions of Section 49 of Land Use Bylaw # 1004- 90 being the A -Agricultural District. 4. That this use shall not affect the agricultural use of the property or adjacent properties and area. 5. That this business shall be a subordinate use to the agricultural operation within the SE 30-19-15-W4. 6. That the total number of off-site employees, not including the occupants of the residence, involved with the said occupation shall not er;ceed two. 7. That any outside storage of goods, materials, equipment or vehicles shall be located in such a manner as to not be visible from the County road. Where storage of these items is visible from the County road, this shall be screened to the satisfaction of the Development Officer. February 29, 2000 Page 15 n~ 'y C, 8. That there shall be no noise, vibration, smoke, dust or odours created from this farm subsidiary occupation which may affect adjacent land owners or development. 9. That this farm subsidiary occupation shall be valid for a time period until March 1, 2005. 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. 10. That this farm subsidiary occupation permit is granted for a construction business to be operated by the applicant at Pt. SE 30-19-15-W4. Any other type of development shall require a separate application and approval. Carried. Other Business (cont'd) 2. Cassils Road Area Structure Plan Amendments -Division 10 Blieske, Bernie (owner - C. Blair) Pt. SE 6-19-14-W4 Cecil Blair and Bernie Blieske, Sr. Planner UMA Engineering, were in attendance to present information on this application. This item was referred to the next meeting. Land Use Chances (cont'd) 2. Blieske, Bernie - Pt. SE 6-19-14-W4 & Plan 7811334, Block C -Division 10 (Owner - C. Blair) OF -Urban Fringe District to CR -Country Residential District This item was referred to the next meeting. 3. Mar, Whaley & Douglass - Pt. NW 21-18-15-W4 -Division 5 A -Agricultural District to AI - Agricultural Industrial District Whaley Mar was in attendance to present information on this application. Moved by J. Doerksen we recommend to Council that consideration be given to amending the land use designation for the Pt. NW 21-18-15-W4 from A -Agricultural District to AI -Agricultural Industrial District and that the re-zoning not become effective until development approval has been granted for the truck wash facility or for another prescribed use within the AI - Agricultural Industrial District. Carried. February 29, 2000 Page 16 3. Johnson Farms (Brooks) Ltd. - Pt. SW 10-19-14-W4 -Division 10 !"" OF Urban Fringe District to CR - Country Residential District Moved by J. Doerksen we recommend to Council that consideration be given to first reading of a bylaw to amend the land use designation of Pt. S W 10-19-14- W4 from OF -Urban Fringe District to CR -Country Residential; that the land use designation for this parcel not be changed until the County has approved an area structure plan for the subject property; and that the applicant be directed to complete an area structure plan for the subject property by September 1, 2001. Carried. 14. Question Period/Notice of Motion A question period was held. Business licences and permitting were discussed and referred to the next meeting. 15. Adjourn Moved by J. Doerksen that the meeting adjourn at 2:30 p.m. Carried. C;F~vla~ CHAIRMAN SECRETARY February 29, 2000 Page 17