HomeMy WebLinkAbout2000-04-25 Municipal Planning Commission (Regular) MinutesCJ`,
County of Newell No. 4
Minutes of Municipal Planning Commission Meeting
April 2~, 2000
The regular Municipal Planning Commission Meeting ofthe County ofNewell No.4 was held
in the County Office at Brooks, AB on Tuesday, April 25, 2000 commencing at 10:00 a.m.
Members Present Chairman C. Baksa
Councillor R. Steinbach
Representative B. M`Kellar
Planner G. Shaw
Recording Secretary P. Hoffman
1. Excused from Meeting
Moved by Councillor Steinbach that J. Doerksen be excused from this meeting. Carried.
2. Minutes
Minutes of the March 31, 2000 meeting were presented to the Commission. Moved by B.
M`Kellar 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 enda
Moved by Councillor Steinbach that the agenda be adopted as amended. Carried.
5. Business from Minutes
12-3 Abandoned Rail Rights-of-Way -Storage of Railwa~quipment
The Planner updated this item and reported that it would be brought back to the Commission
when we received a response from our lawyer.
14 Business Licences and Permitting
This item was referred to the next meeting.
April 25, 2000 Page 35
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9-2 00 NL 009 - Pt NW 29-17-16-W4 -Division 4
Ketchmark, G. Louis -Institutional Subdivision -Cemetery
Moved by B. M`Kellar that we recommend to Council approval of Subdivision Application
00 NL 009 subject to tl~e following conditions:
1. The applicant entering into an agreement with the County of Newell for the 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 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.
3. The applicant meeting all requirements of the Eastern Irrigation District with respect
to the conveyance of water as well as easements.
4. The property being designated as, and used for, a cemetery only.
S. All required Provincial approvals being obtained prior to endorsement.
6. The applicant obtaining the written agreement of a religious organization, and written
confirmation provided from them to the County, prior to endorsement.
Carried.
Development Permits
1. Permit #2083 -Plan 8310857, Lot 12 -Division 5
Bouchard, Dennis -Variance to Rear Yard Setback Requirements
Moved by Councillor Steinbach that we approve Development Application #2083 to construct
an addition to an existing residence within Plan 8310857, Lot 12 granting a 3.85 m variance
to Section 62.4 being the RRl -Resort Residential District to allow the addition to be
constructed within 3.65 m of the rear yard property line and subject to the following
conditions:
1. That this use be classified as an "Addition to a Single Family Dwelling" being a
permitted use within the RRl -Resort 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 62 of Land Use Bylaw # 1004-
90 pertaining to the RRl -Resort Residential District.
4. That the development shall be located as shown on the site plan submitted April 1 1,
2000. Any changes to that plan shall require the written approval of the Development
Officer. Approval is given fora 3.85 m variance to perm it an addition to encroach 3.65
m onto the minimum rear yard setback requirement of 7.5 m as described in the RRl -
Resort Residential District for the subject property legally described as Plan 8310857,
Lot 12. This variance was approved at the April 25, 2000, Municipal Planning
Commission meeting.
5. That this use shall comply with the Alberta Building Code.
6. That the developer shall obtain 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 issued by a licenced inspection agency authorized within the County for this
addition.
April 2~, ?000 Page 36
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 the property is maintained to the satisfaction of the
Development Officer.
1 1. That the developer shall ensure that construction materials, supplies and equipment are
stored on the property.
12. That the developer shall ensure the continuous clean-up of construction debris tracked
onto the public roadway where access is provided to the property.
13. That development approval is given only for an addition to the existing single family
residence. Further, authorization is granted to be within 3.65 of the rear yard property
line. Further encroachment of the addition into the rear yard shall require variance of
Section 62.4.
14. That the developer shall satisfy the minimum yard requirements of the RRl -Resort
District unless otherwise varied by the Municipal Planning Commission. These are:
Front Side Flankage Rear
3m 1.Sm* 3m 3.65m
*For zero lot line subdivisions one side yard may be reduced to zero and the other side
yard shall be 3 m.
Carried.
7. Home Occupation Permits
There were no Home Occupation Permit applications.
Subdivisions
1. 00 NL 012 - Pt. SW 20-20-13-W4 -Division 3
Hansen, Charlie & Wynona -Farmstead Separation
Moved by B. M`Kellar that we recommend to Council approval of Subdivision Application
00 NL 012 subject to the following conditions:
] . The applicant entering into an agreement with the County ofNewell for the installation
of any required accesses for the remnant parcel.
2. 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.
3. The applicant meeting all requirements of the Eastern Irrigation District with respect
to the conveyance of water as well as easements.
4. The applicant providing easements to franchise utilities for providing services to the
proposed parcel.
~. 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.
April 25, ?000 Page 37
9. Land Use Chanties
I . Bell, Barbara &Mossa, Jesus -Division 5
Plan Cassils 8709 CH -That Portion of I" Street West
Which Lies to the North West and Adjoins Blocks 'A' & 'D'
HR -Hamlet Residential District to HC -Hamlet Commercial District
Barbara Bell and Jesus Mossa were in attendance to present information on this application.
Moved by Councillor Steinbach that we recommend to Council that consideration be given
to first reading of a bylaw to amend the land use district to the area described as Plan Cassils
8709 CH -that portion of I"Street West which lies to the north west and adjoins Blocks `A'
& `D' from HR -Hamlet Residential District to HC -Hamlet Commercial District and that
the amendment not take effect until a development permit is issued by the municipality and
that it revert back to HR -Hamlet Residential District ifdevelopment is not completed within
three years of the date of approval for the land use amendment. Carried.
9. Development Report
The Development Report for March 25, 2000 to April 14, 2000 was presented to the
Commission. Moved by B. M`Kellar that we approve this report. Carried.
10. Correspondence
1. Response to Town of Brooks -Land Use Amendment
The Planner presented his response to the Town of Brooks Land Use Amendment to the
Commission as information.
1 1. Other Business
1. Meeting with Council at Workshop - May I5''', 2000
It was reported that the Commission has been invited to meet with Council at their May 15`''
workshop at 5:30 p.m. for a supper meeting. Planning protocol is to be presented by the
Planner with discussion to follow.
12. Post Agenda Items
1. Permit #2088 -Plan 771008], Lot 7, Pt NE 8-19-1~-W4 -Division 10
Plains Perforating -Addition to Existing Building & Variance to Side Yard Setback
Moved by B. M`'Kellar that we approve Development Application #2088 for the addition to
an existing building within Lot 7, Plan 7710081 inapt. of NE 8-19-14-W4; that we grant a
April 25, 2000
Page 38
variance for the relocation of an accessory building and subject to the following conditions:
1. That this use be classified as an "Addition and relocation of Accessory Building" being
discretionary uses within the I -Industrial District.
2. That these uses shall comply with all Federal, Provincial and Municipal statutes,
regulations, codes and standards.
3. That the proposed development shall be located as shown on the site plan submitted
April 24, 2000. Any changes to this plan shall require the written approval of the
Development Officer.
4. That the proposed development shall comply with Section 54 of the County of Newell
Land Use By-law #1004-90 being the I -Industrial District, except as varied by the
Municipal Planning Commission at its April 25, 2000, meeting.
5. That the developer shall ensure that the proposed addition to the existing building
maintains the following setbacks:
Front Side Flankage Rear
7.Sm* 3m 7.Sm* 3m
*From property line unless adjacent to County road in which case the minimum setback
shall be 40 m from the centre line of that road.
6. Approval is granted for a proposed accessory building to be located 1.5 m from the
flankage property line and 1.5 m from the rear property line. A variance of 5.98 m to
the minimum flankage yard requirement is granted by the decision of the Municipal
Planning Commission at its April 24, 2000, meeting. A variance of 1.48 m to the
minimum rear yard requirement is granted by the decision of the Municipal Planning
Commission at its April 24, 2000, meeting.
7. That this use shall comply with the Alberta Building Code, where applicable.
-- 8. That the developer shall be responsible for obtaining all required permits (i.e., building,
electrical, plumbing, heating and ventilation, gas) from an accredited inspection agency.
9. That the builder shall be responsible for providing a copy of a building permit obtained
from one of these agencies to the Development Officer prior to the commencement of
construction.
10. That the developer shall ensure that access can be provided for Emergency Services
vehicles to three sides of the building.
1 1. That the developer shall be responsible for the relocation or modification of franchise
utilities required for the proposed development.
12. That the developer shall ensure that the site is graded so that storm water does not drain
onto adjoining properties. The developer shall ensure that all drainage from the
accessory building is directed onto Plan 77 ] 0081, Lot 7, and not the road allowance or
other properties.
13. That the developer shall ensure 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 property and not the public roadway.
1 ~. That the developer shall ensure the continuous clean-up of construction debris trucked
onto the public roadway where access is provided to the property.
16. That this development approval is granted only for the addition to the existing building
as well as the relocation ofan accessory building within Plan 7710081, Lot 7. Any other
improvements shall require separate development applications and approvals.
April 25, 2000 Page ~9
~Q1
17. That tl~e developer shall ensure that the facing material on the addition is the same or
similar in appearance to that on the existing building.
18. That the developer shall ensure that the facing material of the accessory building is the
same or similar in nature and colour to the proposed addition and existing building.
19. That the developer shall ensure that the parking area is surfaced to the satisfaction of
the Development Officer.
20. That the developer shall comply with the Alberta Fire Code . The developer shall
contact Mr. Denis Cunninghame, 362-2331, Division 5 Fire Chief, to determine
requirements, if any, under this Provincial code for the addition.
21. That the developer shat l ensure that garbage containers are properly screened or located
away from the view of the general public.
Carried.
2. Permit #2089 -Plan 8010339, Block 1, Lot 1 - Pt NW 24-17-14-W4
Elder, Allan & Elder Inez -Relocate Residence -Division 2
Moved by Councillor Steinbach that we approve Development Application #2089 for the
relocation ofa residence onto Lot 1, Block 1, Plan 8010339 in Pt. NW 24-17-14-W4 subject
to the following conditions:
1. That this use be classified as a "Moved-in Building" to be used as a residence 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 CR -Country Residential District.
4. That the development shall be located as shown on the site plan submitted April 24,
2000. 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 obtain all required permits (i.e. electrical, building, heating,
ventilation, gas and plumbing) from an accredited inspection agency.
7. That the developer shall provide to the Development Officer a copy of the building
permit prior to commencement of construction.
8. That the developer shall ensure an adequate supply of water is provided for this use.
9. That the developer shall ensure the proper disposal of sewage and waste from this use.
10. That the developer shall ensure that the property is maintained to the satisfaction of the
Development Officer.
1 1. That the developer shall ensure that construction, materials, supplies and equipment are
stored on the property and not on the public roadway.
] 2. That the developer shall ensure the continuous clean up of construction debris tracked
onto the public roadway where access is provided to the property.
13. That the developer shall ensure that the following minimum yard set-backs are
maintained for this development:
Front Side Rear Flankage
*7.Sm 3m 7.Sm **40m
* minimum yard distance from subdivision streets or service roads
April 25, 2000 Page 40
** minimum distance from centre of County road to foundation
"-~ 14. That this approval is granted only for the development of the single family residence
within Plan 8010339, Block I, Lot 1 (pt. NW 24-17-14-W4). All other development
shall require separate applications and approvals.
15. That the developer shall ensure the moved-in building is placed on a concrete
foundation or basement and sided within a one year period following the date of
approval.
16. That the applicant provide to the County an irrevocable letter of credit in the amount of
$5,000 so that in the event tl~e residence is not placed on a concrete foundation, or
basement, or is not sided within a one year period, the County may use these funds to
complete these conditions.
17. That the developer remove the existing mobile home within Plan 8010339, Block 1, Lot
1, when the residence is occupied. There shall be no more than one principle dwelling
within Plan 8010339, Block 1, Lot 1.
Carried.
3. Home Occupation Permit #106 - Pt. NW 31-18-14-W4 -Division 5
Ochsner, Victoria & Wolrond, Jayn - Graphic Artist & Advertisins
Moved by B. M`Kel lar that we approve Home Occupation Permit # 106 for a graphic artist and
advertising business to be located within Plan 981 1297, Block 1, Lot 2 (Pt. NW 31-18-14-
W4) 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.
S. 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 I~o-ne occupation permit shall be valid for a time period until April 25, 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 th is home occupation perm it is granted for a graphic artist and advertising business
to be operated by the applicant at Plan 981 1297, Block 1, Lot 2 (Pt. N W 31- 18-14-W4).
Any other type of home occupation shall require a separate application and approval.
9. That the applicant shall provide to the Development Officer a letter from the registered
owner of the land, authorizing them to make application and operate a home business
from Plan 981 1297, Block 1, Lot 2, prior to May 17, 2000.
Carried.
April 25, 2000 Page 41
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4. Home Occupation Permit #107 - Pt. SW 3-21-14-W4 -Division 8
Cobble Creek - Galbraith, C & P -Leather Repair, Tack Shop, Colt Breaking, Horse Sales
Moved by B. M`Kellar that Home Occupation Permit Application # 107 for a leather repair
and tack shop, as well as colt breaking and horse sales in a Pt. of SW 3-21-14-W4 be
approved 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 or agricultural 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 April 25, 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 leather repair and tack shop, as well
as colt breaking and horse sales to be operated by the applicant at Pt. SW 3-21-14-W4.
Any other type of home occupation shall require a separate application and approval.
Carried.
5. Correspondence -Sandra Hajash -Grace Trucking - S '/z 2- 19-14-W4
A letter from Sandra Hajash, with regard to the purchase by Grace Trucking of the S'/2 2-19-
14-W4, was presented to the Commission. Moved by Councillor Steinbach that direction be
given to the Planner to meet with a Grace Trucking representative to discuss current activity
on the subject property. Carried.
Lunch
The Commission recessed for lunch from 11:50 a.m. to 12:25 p.m.
6. 00 NL OI3 -Plan 791 1444, Block 1-Division 6
Town of Bassano - Replot Airport Lands (Pt. NW 20-21-18-W4)
Moved by Councillor Steinbach that we recommend to Council approval of Subdivision
Application 00 NL 013 in Block 1, Plan 7911444 (Pt. NW 20-21-18-W4) waiving the width
of the roadway as well as road design within the subdivision plan to accommodate the
April 25, 2000 Page 42
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narrower streets and the lack of proper cul-de-sacs and subject to the following conditions:
1. The applicant providing an easement over Lot 10 for the benefit of Lots I 1 and 12.
2. The applicant making application for closure of the roadways within Plan 791 1444,
Block 1 prior to the endorsement of a new plan. The roads must be closed prior to
endorsement of the new plan.
3. The applicant meeting all requirements of the Eastern Irrigation District with respect
to the conveyance of water as well as easements.
4. The applicant providing easements to franchise utilities for providing services to the
proposed parcel.
Carried.
7. 00 NL 014 -Plan 3773 GB, Parcel E & Pt. NE 24-17-13-W4 -Division 2
Gleddie Ranches Ltd. -Title Separation for 2 Residences on PropertL
This item was referred to the next meeting.
8. Correspondence -Town of Brooks -Proposed Land Use Bylaw
A letter from the Town of Brooks, with regard to the County's proposed new land use bylaw,
was presented to the Commission. A discussion of their concerns took place.
,~ 14. Question Period/Notice of Motion
A question period was held.
15. Adjourn
Moved by Councillor Steinbach that the meeting adjourn at 1:40 p.m. Carried.
CHAIRMAN
..--~
SECRETARY
April 25, 2000 Page 43