HomeMy WebLinkAbout2000-05-30 Municipal Planning Commission (Regular) MinutesC~
County of Newell No. 4
Minutes of Municipal Planning Commission Meeting
'-" May 30, 2000
The regular Municipal Planning Commission Meeting of the County of Newell No.4 was
held in the County Office at Brooks, AB on Tuesday, May 30, 2000 commencing at 10:00
a.m.
Members Present Chairman C. Baksa
Councillors R. Steinbach
M. Douglass
Representatives B. M`Kellar
J. Doerksen
Planner G. Shaw
Recording Secretary P. Hoffman
1. Excused from Meeting
All members were in attendance at this meeting.
2. Minutes
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Minutes of the April 25, 2000 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 Douglass that the agenda be adopted as amended. Carried.
5. Business from Minutes
12-3 Abandoned Rail Rights-of--Way -Storage of Railway Equipment
The Planner reported that there was no new information on this item.
May 30, 2000 Page 44
14 Business Licences and Permitting
A discussion was held on the pros and cons of initiating a County Business Licence. The
Planner was given direction to contact other municipalities with regard to business
licences.
12-7 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 Property
Moved by Councillor Steinbach that we recommend to Council approval of Subdivision
Application 00 NL O l 4 waiving the requirements from the following sections of Land Use
Bylaw # 1004-90; Section 50.3 to allow the proposed parcel to have an area smaller than
the minimum lot size requirement and Section 50.4 to allow the residence and accessory
buildings to remain as constructed and subject to the following conditions:
1. The applicant entering into an agreement with the County of Newell for the
installation of any required accesses to the consolidated parcel along Highway 1256
EZ.
2. The registration of a caveat for the dedication of 5 metres along the southerly
boundary of the consolidated parcel, being Pt. NW 21-15-14-W4 adjacent to
Highway Plan 1256 EZ, 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 ofthe 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 and consolidated parcels. [n addition, they may also require the applicant
to be responsible for the cost of modifying existing services.
Carried.
6. Development Permits
1. Permit #2096 - Pt. SW 8-22-12-W4 -Division 3
Genovese, John -Sand and Gravel Operation
John Genovese was in attendance to present information on this development application.
Moved by B. M°Kellar that we approve development application #2096 to operate a sand
and gravel operation within Pt. SW 8-22-12-W4M subject to the following conditions:
1. That this use be classified as a "Sand and Gravel Operation" 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 A -Agricultural District.
4. That the development shall be located as shown on the site plan submitted May 15,
2000. Any permanent changes to that plan shall require the written approval of the
May 30, 2000 Page 45
Development Officer.
5. That this permit. shall only be for the development of a sand and gravel operation
"° within the SW 8-22-I 2-W4M. Any additional development shall require a separate
development permit application and approval. This development approval is
granted only for the time period May 30, 2000 to May 30, 2001. This approval may
be renewed at the discretion of the Municipal Planning Commission for a time
period beyond May 30, 2001. The applicant will be responsible for applying for a
renewal of this permit two months prior to May 30, 2001.
6. That the applicant shall utilize the existing texas gate approach as indicated in the
site plan attached to the development application. If this access is not located on the
SW 8-22-12-W4M, then the applicant shall obtain the written permission from that
landowner. The applicant shall also obtain the written permission of PanCanadian
Petroleum Ltd. granting approval for the operator to utilize their road to access the
proposed site.
7. That, if the applicant must construct a new approach to access the proposed site, the
Public Works Department shall be contacted prior to construction to ensure that the
approach is suitably located.
8. That the operator shall ensure that any approach that provides access to the proposed
site shall provide adequate site lines to allow oncoming traffic to avoid traffic
exiting from this site. The applicant shall contact the Public Works Department
prior to commencement of the operation to review each proposed approach and
incorporate any recommendations provided by this department to ensure safe turning
movements into and out of the proposed area.
9. That the operator shall ensure dust control measures are in place to the satisfaction
-- of the municipality prior to commencement of the sand and gravel operation.
10. That the operator shall ensure that the sand and gravel operation does not cause
undue noise, dust or other nuisances which may affect other land owners in the area.
11. That the operator shall ensure a setback of 45 m from the coulee break to the sand
and gravel mining operation unless a site investigation by a qualified geotechnical
engineer demonstrates that the operation may be closer than this distance. A copy
of the report prepared by the geotechnical engineer shall be provided to the
Development Officer prior to the commencement of the sand and gravel operation.
12. That the operator shall ensure that the mining area is reclaimed in a timely manner
but no more than one year after each area is mined. The area in which stockpiles
will occur shall be reclaimed within one year of the operation being completed.
13. That the operator shall ensure that proper erosion measures are in place to reduce
as much as possible active erosion from disturbed areas within the subject property.
14. That the operator shall ensure that the site is maintained to the satisfaction of the
Development Officer:
15. That the operator shall enter into an agreement with the land owner which details
responsibility for the satisfactory performance of the sand and gravel operator,
responsibility for reclamation of the site, dust control measures and security in an
amount and type satisfactory to the municipality. A copy of this agreement shall be
provided to the Development Officer prior to the commencement of operations
within the subject property.
16. That the operation shal l not affect Road Plan 321 1 BZ within Pt. S W 8-22-12-W4M.
May 30, 2000 Page 46
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17. That the operator shall be responsible for any increased road maintenance required
on the County road as result of this use. This maintenance shall be under the
direction of the Public Works Department.
Carried.
2. Permit #2091 -Plan 1380 E.U., Block 3 -Division 3
Mxers Marlene -Temporary R.V. Park -Hamlet of Patricia
Moved by B. M°Kellar that we approve development application #2091 to establish a
recreational vehicle park, on a temporary basis for the time period June 1 to October 31
at Plan 1380 E.U., Block C, subject to the following conditions:
1. That this use be classified as a "Campground" being neither a permitted nor a
discretionary use within the HR -Hamlet Residential District. Approval is granted
by the Municipal Planning Commission for this use on a temporary basis from June
1 to October 31, 2000. No extensions or renewal of this permit shall be permitted.
If the applicant desires this use to continue next year, a land use amendment shall
be required to a land use district which can accommodate such a use. This approval
is granted under Section 9 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 the proposed development shall be located as shown in the site plan submitted
May 5, 2000. Any changes to that location shall require the written consent of the
Development Officer.
4. That the proposed development shall comply with Section 57 of Land Use Bylaw
#1004-90, being the HR -Hamlet Residential District.
5. That the proposed development shall be for the use of a total often (10) recreational
vehicles for a period of June 1 to October 31, 2000. Each recreational vehicle shall
have its own stall and no more than one recreational vehicle shall be permitted per
stall. There shall be no further use of this area after October 31, 2000, as a
temporary recreational vehicle campground. If a permanent campground is
required, the land owner shall make separate applications for a land use amendment
and development approval.
6. That the developer shall ensure that there is an adequate supply of potable water
provided for this use.
7. That the developer shall ensure that there is adequate and proper disposal of sewage
and other waste from this use.
That the developer shall ensure that the property is maintained to the satisfaction of
the Development Offcer.
That the development will comply with the minimum yard requirements for Section
57.4. The following setbacks shall apply:
Front Side Flankage Rear
May 30, 2000
7.Sm 1.Sm 3m 3m
10. That the developer shall contact Environmental Health Services to determine if
approval is required from this agency for the operation of a campground and what,
if any, requirements must be satisfied.
Page 47
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1 I . That the developer shall be responsible for completing the outstanding work on the
attached deck of the residence. This work shall be completed by September 1,
` 2000. The work shal I be completed to the satisfaction of the Development Officer.
12. That the developer shall be responsible for the increased water usage on this parcel
as a result of this use. The developer shall pay to the County the amount of three
hundred and twenty five dollars and no cents ($325.00) prior to July 1, 2000.
13. That the developer ensure that all dogs belonging to campground occupants be kept
on leashes or otherwise contained and not allowed to be at large.
Carried.
3. Permit #2094 -Plan 801 1608, Block 2, Lot 4 -Division 10
Round-~ Servicing Inc. -Addition to Industrial BIdgL Pt. NW 7-18-14-W4
Moved by J. Doerksen that we approve development application #2094 to construct an
addition on to an existing building within Plan 80l 1608, Block 2, Lot 4, subject to the
following conditions:
1. That this use be classified as an "Addition" being a discretionary use within the I -
Industrial District.
2. That this use shall comply with all Federal, Provincial and Municipal statutes,
regulations, codes and standards.
3. That the proposed development shal I be located as shown on the site plan submitted
May 2, 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 Bylaw #1004-90 being the I -Industrial District.
5. That the developer shat l ensure that the addition maintains the following setbacks:
Front Side Flankage Rear
7.5m* 3m 7.5m* 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. 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, ventilation and gas) 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.
9. That the developer shall ensure that access can be provided for Emergency Services
vehicles to three sides of the building.
10. That the developer shall be responsible for the relocation or modification of
franchise utilities required for the proposed development.
1 1. That the developer shall ensure that the site is graded so that storm water does not
drain onto adjoining properties.
12. That the developer shall ensure the property is maintained to the satisfaction of the
Development Officer.
May 30, 2000 Page 48
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13. That the developer shat I ensure that construction materials, supplies and equipment
are stored on the property and not the public roadway.
14. That the developer shall ensure the continuous clean-up of construction debris
trucked onto the public roadway where access is provided to the property.
15. That this development approval is granted only for an addition to the existing
building within Plan 801 1608, Block 2, Lot 4. Any other improvements shall
require separate development applications and approvals.
16. That the developer shall ensure that facing material is the same or similar in
appearance to that on the existing building.
Carried.
4. Permit #2098 -Plan 7910951, Block 1, Lot 7 -Division 5
Larocque, Dean & Debbie -Detached Garage; Variance to Bldg. Height
Moved by Councillor Douglass that we approve development application #2098 to
construct a detached garage within Plan 7910951, Block 1, Lot 7 granting a variance of
.27 m (.89 ft) to allow the detached garage to be constructed to a height of 4.27 m (14 ft)
and subject to the following conditions:
1. That this use be classified as a "Detached Garage" being a permitted 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 May 23,
2000. Any changes to that plan shall require the written approval of the
Development Officer.
5. That this permit shall be for the construction of an addition to the detached garage.
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.
9. That the developer shall ensure that the proposed development complies with the
following minimum setback requirements or as varied by the Municipal Planning
Commission:
Front Side Flankage Rear
*7.5m 3m *7.5m 7.5m
*Minimum yard distance from subdivision streets or service roads.
That the developer shall ensure that the property is maintained to the satisfaction
of the Development Officer.
May 30, 2000 Page 49
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That the developer shat l ensure that construction materials, suppl ies 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 the developer shall ensure that the addition is located at a minimum 1.5 m
from the residence.
14. That the developer shall ensure the addition to the detached garage satisfies the
following unless as otherwise varied by the Municipal Planning Commission at its
May 30, 2000, meeting:
• Does not exceed 4.27 m in height from the foundation to the roof peak;
• Does not have walls that exceed 3 m in height;
• Does not exceed 100 m' in area, except as varied by the Municipal Planning
Commission:
• Is not used for living purposes;
• Is not used for conducting a business or commercial operation unless this
operation is conducted in conjunction with an approved Home Occupation.
15. That Section 51.7(3) of Land Use By-law #1004-90 is varied by the Municipal
Planning Commission by allowing the height of the detached garage to be 4.27 m
(14ft).
16. That the developer shall ensure that the detached garage is sided in the same or
similar material as the principal building on the property or to the satisfaction of the
Development Officer.
Carried.
7. Home Occupation Permits
There were no Home Occupation Permit applications.
8. Subdivisions
1. 00 NL O15 - Pt. NW 7-19-15-W4 -Division 5
Hillbilly Pressure Testing Ltd. -Farmstead Separation
Moved by B. M~Kellar that we recommend that Council deny Subdivision Application 00
NL O15 for a farmstead separation in Pt. NW 7-19-15-W4. Carried.
2. 00 NL 016 - Pt. SW 6-19-14-W4 -Division 10
Shiloh Land Ltd. -Farmstead Separation
Moved by Councillor Steinbach that we recommend to Council approval of Subdivision
Application 00 NL O l6 for a farmstead separation in Pt. SW 6-19-14-W4 waiving Section
44 of the land use by-law to allow the mobile home to remain as situated on the proposed
remnant parcel and subject to the following conditions:
May 30, 2000 Page 50
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I. The applicant entering into an agreement with the County of Newell for the
installation, or upgrade, of any required accesses for the remnant parcel.
2. The applicant meeting all requirementsoftheEasternlrrigationDistrictwithrespect
to the conveyance of water as well as easements.
3. 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.
4. The applicant providing easements to franchise utilities for providing services to the
proposed parcel.
Carried.
3. 00 NL 017 -Plan 988 B.A., Parcel A -Division 7
Hein Volker -Institutional Subdivision
Moved by Councillor Douglass that this item be referred to the next meeting. Carried.
Lunch
The Commission recessed for lunch from 12:00 noon to 12:35 p.m.
9. Development Report
The Development Report for April 15, 2000 to May 19, 2000 was presented to the
Commission. Moved Councillor Steinbach by that we approve this report. Carried.
10. Correspondence
1. Town of Brooks -Subdivision Application 2000 SUB 03
NE 5-19-14-W4 - Upland Subdivision
A letter from the Town of Brooks, requesting comments on Subdivision Application 2000
SUB 03, was presented to the Committee. The Planner will respond to this letter.
1 1. Other Business
1. Bylaw Enforcement - Pt. SE 30-18-14-W4 -Division 5
Weldin~& R~air Shop
The Planner presented a report with regard to a welding and repair shop operating within
the Urban Fringe District to the Committee. The Committee agreed to follow the
recommendation of the Planner. The Planner will advise the operator of the welding and
repair shop of the Municipal Planning Commission's decision.
May 30, ?000 Page 51
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2. Plan 941 1 176, Unit 56 -Lake Newell Resort -Division 5
Smith, Byron -Variance Request
Moved by J. Doerksen that we grant approval of a 0.07 m (0.23 ft) variance to allow a
deck to remain as constructed 4.43 m from the rear property line within Plan 941 1 176,
Unit #56 as shown on the Real Property Report prepared October 21, 1999. Carried.
12. Land Use Changes
There were no Land Use Change applications.
13. Post Agenda Items
1. 00 NL 018 - Pt. NW 6-17-12-W4 -Division 2
Vossepoel, Dick & Veronica -Agricultural Subdivision
Moved by Councillor Steinbach that we recommend to Council approval of subdivision
application 00 NL 018 waiving the minimum area requirement under Section 49.3 of
Land Use Bylaw # 1004-90 being the A -Agricultural District and subject to the following
conditions:
1. 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.
2. The proposed parcel being consolidated with the remainder of the quarter section
to the south of the canal right-of--way by plan.
3. 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.
4. The applicant meeting all requirements ofthe Eastern Irrigation District with respect
to the conveyance of water as well as easements.
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.
Carried.
2. 00 NL 019 - Pt. NW 31-20-14-W4 -Division 8
Grove, Gordon -Farmstead Separation
Moved by J. Doerksen that this item be referred to the next meeting. Carried.
May 30, 2000 Page 52
3. Processing Late Applications
Direction was given to the Planner to use his discretion as to whether or not he processes
applications received within 7 days prior to a Municipal Planning Commission meeting
for that meeting.
4. Bow City
A discussion on the criteria necessary for a community to receive hamlet status was held.
5. Bus Depot
An inquiry was made with regard to whether or not a bus depot could operate in an area
zoned industrial. The Planner said that there would need to be a text amendment to the
Land Use Bylaw within the I -Industrial District adding Fleet Services as a discretionary
use.
14. 4uestion PeriodMotice of Motion
A question period was held.
15. Adjourn
Moved by B. M`Kellar that the meeting adjourn at 1:40 p.m. Carried.
L' ire i??a r/
CHAIRMAN
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SECRETARY
May 30, 2000 Page 53