HomeMy WebLinkAbout2000-06-27 Municipal Planning Commission (Regular) Minutes~~a
County of Newell No. 4
Minutes of Municipal Planning Commission Meeting
- June 27, 2000
The regular Municipal Planning Commission Meeting ofthe County ofNewell No.4 was held
in the County Office at Brooks, AB on Tuesday, June 27, 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 Meetins
All members were in attendance at this meeting.
2. Minutes
Minutes of the May 30, 2000 meeting were presented to the Commission. Moved by
r--. 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 A eg nda
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
A letter from Brownlee Fryett, with regard to changes to our Land Use Bylaw for railway
rights-of--way, was presented to the Commission. The Planner was directed to send a letter
to Brownlee Fryett requesting a more in depth definition and background.
June 27, 2000 Page 54
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14 Business Licences and Permitting
There was no new information on this item.
8-3 00 NL 017 -Plan 9886A, Parcel A -Division 7
Hein, Volker -Institutional Subdivision
Moved by B. M`Kellar that we recommend Council deny Subdivision Application 00 NL 017
due to drainage concerns and the proposed lot being too narrow for future development.
Carried.
13-2 00 NL 019 - Pt. NW 31-20-14-W4 -Division 8
Grove, Gordon -Farmstead Separation
Moved by J. Doerksen that we recommend Council approve Subdivision Application 00 NL
O 19 subject to the following conditions:
1. The applicant providing direct legal and physical access to the proposed parcel by
developing the undeveloped road allowance to the west of the proposed parcel.
2. The registration ofa caveat for the dedication of 10 metres along the southerly boundary
of tl~e remnant parcel for future road widening to be purchased at a rate that is
consistent with County Policy at that time.
3. The applicant consolidating, by plan, the remnant parcel with the NE 3 I-20-14-W4. If
access to the remnant parcel is provided via the railway right-of--way, consolidation will
not be required.
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 meeting all requirements of the Eastern Irrigation District with respect
to the conveyance of water as well as easements.
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.
Development Permits
Permit #2101 -Plan 7811389, Block 2, Lot 8 -Hamlet of Scandia -Division 4
Thompson, Dale & Sherry -Detached Garage in Flankage Yard
Moved by Councillor Steinbach that we approve Development Application #2101 for a
detached garage to be constructed on Lot 8, Block 2, Plan 7811389 in the Hamlet of Scandia
granting a variance of 1.17 m to Section 56.4 of Land Use Bylaw #1004-90 to allow the
garage to be constructed within 1.83 m of the property line and subject to the following
conditions:
June 27, 2000 Page 55
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I . That this use be classified as an "Accessory Building" being a permitted use within the
HSF -Hamlet Single Family Residential District. The Municipal Planning Commission
--_ grants approval at its June 27, 2000 meeting to site the detached garage within the
flankage yard of Plan 781 1389, Block 2, Lot 8 subject to the conditions outlined in this
perm ~t.
2. That this use shall comply with all Federal, Provincial and Municipal statutes,
regulations, codes and standards.
3. That this use shal I comply with the provisions of Section ~6 of Land Use Bylaw # 1004-
90 pertaining to the Hamlet Single Family Residential District.
4. That the development shall be sited on Lot 8, Block 2, Plan 781 1389 so that the
following setbacks are maintained to the property lines as provided for under Land Use
Bylaw # 1004-90 or as varied by the Municipal Planning Commission:
Front Side Flankage Rear
*7.5 m I.50 m * 1.87 m 3 m
*Minimum yard distance from subdivision streets or service roads, unless otherwise
varied.
5. That this use shall comply with the Alberta Building Code, where applicable.
6. That the developer shall obtain all required permits (i.e. building, electrical, plumbing,
heating, ventilation and gas) from an accredited inspection agency.
7. That the developer shall provide to the Development Officer a copy ofa building permit
issued by an accredited inspection agency for the County of Newell prior to the
commencement of construction for the detached garage.
8. That tl~e developer shall ensure that the property is maintained to the satisfaction of the
Development Officer.
9. That the developer shal I ensure that construction materials, supplies and equipment are
r-- stored on the property.
10. That the developer shall ensure the continuous clean-up of construction debris traced
onto the public roadway where access is provided to the property.
1 1. That the developer shall ensure there is at least 1.5 m separation between the accessory
building and the existing residence.
12. That this development permit is issued only for a detached garage within Lot 8, Block
2, Plan 781 1389. All other development shall require a separate development permit
application and approval.
13. That the developer shall be responsible for the modification and relocation of franchise
utilities, if required.
14. That the developer shall ensure the accessory building satisfies the following
requirements:
• shall be at least 1 metre from the side property line and 1.5 m from the rear
property line, except where a vehicular entrance is located, in which case the
distance will be extended to 5.5 m;
• shall not exceed 4 m in height except as varied by the Municipal Planning
Commission;
• shall not exceed 66 m';
• shall not be used for living accommodations.
15. That the detached garage shall be constructed of new materials and finished in vinyl
siding to the satisfaction of the Development Officer.
June 27, 2000 Page 56
16. That the developer shall ensure that access to the detached garage is from Scandia Court
and not First Avenue. No approach shall be permitted from First Avenue to the
detached garage.
Carried.
Home Occupation Permits
There were no Home Occupation Permit applications.
Subdivisions
1. 00 NL 020 - Pt. SE 25-16-13-W4 -Division 2
Gretter, George & Darlene -Farmstead Separation
The Planner was directed to get further information on this application.
2. 00 NL 021 - Pt. NW 34-19-14-W4 & Plan 8919709 -Division 10
Har Cat Oilfield Construction Ltd., R.J. Bradford -Residential Subdivision
Moved by J. Doerksen that we recommend to Council approval of Subdivision Application
00 NL 021 for a residential subdivision in Pt. NW 34-19-14-W4 and Plan 8910709, Block 2
subject to the following conditions:
1. The applicant entering into an agreement with the County ofNewell for the installation,
or upgrade, of any required accesses for the proposed parcels.
2. The registration of a caveat for the dedication of 5 metres along the northerly boundary
of the proposed parcels and the northerly and easterly boundaries of the remnant parcel
for future road widening to be purchased at a rate that is consistent with County Policy
at that time. The road dedication within the country residential parcels should be by
plan while within the remnant parcel should be by caveat.
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 of the 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.
6. The applicant providing easements to franchise utilities for providing services to the
proposed parcel.
Carried.
June 27, 2000 Page 57
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3. 00 NL 022 - Pt. NW 28-14-13-W4 -Division 1
Poole, Michael -Farmstead Separation
Moved by Councillor Steinbach that we recommend Council deny Subdivision Application
00 NL 022. Carried.
9. Development Report
The Development Report for May 19, 2000 to June 21, 2000 was presented to the
Commission. Moved by J. Doerksen that we approve this report. Carried.
10. Correspondence
1. Town of Brooks -Subdivision Application 2000 SUB 04
Plan 6827 F.P. Block 2, Lot 1 -Second Street West
A letter from the Town of Brooks, requesting comments on Subdivision Application 2000
SUB 04 was presented to the Committee. The Planner will respond to this letter.
2. Minister of Agriculture, Food & Rural Development
Intensive Livestock Legislation & Regulations
A copy of the Proposed Act for Intensive Livestock Operations, received from the Minister
"~ of Agriculture, Food and Rural Development, was presented to the Commission for
information.
1 1. Other Business
There were no items of Other Business.
12. Land Use Chances
1. C of T 881 209 214, Pt. N W 33-18-15-W4 -Division 5
Hemsing, Bernard & Brenda - A -Agricultural to 1 -Industrial District
Brenda Hemsing, land owner, and Connie Hemsing, Director of Hemsing Drilling, were in
attendance to present information on this application. Moved by J. Doerksen we recommend
to Council that the land use bylaw be amended to rezone C of T 881 209 214 within the NW
33-18-15-W4 from A -Agricultural District to f -Industrial District with the condition that
no subdivision of the property occur for the next five years. Carried.
June 27, 2000 Page 58
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Lunch
The Committee recessed for lunch from 11:55 a.m. to 12:30 p.m.
13. Post Agenda Items
1. Home Occupation Permit # 108, Pt. SE 14-20- 15-W4 -Division 8
Pale, Carrie Ann -Nursery & Greenhouse /Ceramics & Gifts
Moved by Councillor Steinbach that we approve Home Occupation Permit # 108 for a Nursery
& Greenhouse /Ceramics & Gifts in a Pt of SE 14-20-15-W4 for a period of 6 months at
which time the conditions ofdevelopment permits previously issued to Mr. & Mrs. Page will
be reviewed and evaluated and subject to 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 December 31,
2000. Renewal ofthis perm it shall be subject to the applicants' performance during that
time period as well as the completion of all conditions with regard to previous
development permits. The applicant shall be responsible for re-applying one month
before the expiry period.
8. That this home occupation permit is granted for nursery & greenhouse /ceramics &
gifts business to be operated by the applicant at Pt. SE 14-20-15-W4. Any other type
of home occupation shall require a separate application and approval.
Carried.
2. Permit # 21 10 -Plan 971 1628, Block 5, Lot l5 -Division 10
Bahler. Todd & Sherry -Setback Variance for Attached Deck
Moved by J. Doerksen that we approve Development Application #2l 10 for the construction
of a deck on Plan 971 1628, Block 5, Lot I S granting a variance of 3.66 m to allow the
attached deck to be constructed within the flankage yard setback requirement and subject to
the following conditions:
June 27, 2000 Page 59
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1. That this use be classified as an "Attached Deck" being a permitted use within the CR-
Country Residential District. The Municipal Planning Commission grants approval for
this development due to the requirement for a variance to allow the deck to be
constructed within the flankage yard setback requirement. This approval was granted
June 27, 2000.
2. That this use shall comply with all Federal, Provincial and Municipal statutes,
regulations, codes and standards.
3. That this use shal I comply with the provisions of Section 5 I 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 June 26,
2000. Any changes to that plan shall require the written approval of the Development
Officer.
5. That this permit shall be for the development of an attached deck within Plan 971 1628,
Block 5, Lot 15. 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 a copy of the building permit to the Development
Officer prior to the commencement of construction of the attached deck.
9. That the developer shall ensure that the proposed development complies with the
following minimum setback requirements, unless as otherwise varied:
Front Side Flankage Rear
*7.5 m 3 m *36.34 m 7.5 m
*Minimum yard distance from subdivision streets or service roads.
A variance of 3.66 m (12.0 feet) was granted by the Municipal Planning Commission
at its June 27, 2000, meeting to allow the attached deck to be constructed within the
flankage yard setback requirement.
0. 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 the developer shall ensure the use of new materials only in the construction of the
attached deck.
Carried.
3. Village of Rosemarv- Subdivision Application 00 RO 001
Village of Rosemary Subdivision Application 00 RO 001, Plan 988BA, Block A, was
presented to the Commission for their comment. The Planner was directed to respond with
our concerns and to contact CPR with the status of the land in question.
June 27, 2000 Page 60
4. Permit #2109 - Pt. SW 4-20-14-W4 -Division 8
Blom Rolland & Hazel -Miniature Golf Course
Rolland and Hazel Blom were in attendance to present information on this application. The
Commission decided to view the subject property prior to making a decision on this
application.
5. Westland Acres
Concerns with regard to unkempt County owned lots and lack of signage in the Westland
Acres Subdivision were presented to the Commission.
Recess
Moved by Councillor Steinbach that the Commission recess at 1:45 p.m. to view the subject
property located at Pt. SW 4-20-14-W4. Carried.
Moved by B. M`Kellar that the Commission reconvene at 2:25 p.m. Carried.
4. Permit #2109 - Pt. SW 4-20-14-W4 -Division 8
Blom, Rolland & Hazel -Miniature Golf Course (cont'd)
S ~ ~ aKE 1~er-~4:~~-1
. ~ Moved by C li that we approve Development Application #2109 for the
development ofa Miniature Golf Course in a Pt. of SW 4-20-14-W4 subject to the following
conditions:
1. That this use be classified as a "Miniature GolfCourse" being a discretionary use within
the A -Agricultural District. The Municipal Planning Commission granted approval
for this use at its June 27, 2000, meeting. The use is defined as a public use being
discretionary within the A -Agricultural District.
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 on the site plan submitted
June 26, 2000. Any changes to this plan shall require the written approval of the
Development Officer.
4. That the proposed development shall comply with Section 49, A -Agricultural District,
of the County of Newell Land Use By-law # t 004-90.
5. That the developer shall ensure that the development is situated to comply with the
following setbacks:
Front Side Flankage Rear
*40 m 3 m *40 m 3 m
*From the centre line of the Secondary Highway.
6. 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.
June 27, 2000
Page 61
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7. That a copy of the building permit, if required, shall be provided to the Development
Officer prior to the commencement of construction. A copy of the plumbing permit for
the proposed septic field shall also be provided prior to commencement ofconstruction
of it.
8. That the developer shall be responsible for the relocation, modification or installation
of franchise utilities, where required, for this proposed development.
9. That the developer shall ensure that access is provided to the property to enable one-
way traffic flow into and out of the parking lot. The accesses shal I be to the satisfaction
of the Public Works Department. The developer shall contact Mr. Earl Somerville,
Public Works Superintendent, 362-3504, to discuss access standards for this type of
development. Site lines along Secondary Highway 873 shall be maintained.
10. That the developer shall ensure the parking lot is gravelled and graded to allow proper
storm water drainage.
1 1. That the developer shall provide a copy of the Public Health Unit's review of the
proposed concession stand to the Development Officer prior to the commencement of
operation of this facility. The developer shall comply with all Public Health
Regulations pertaining to the handling and storage of food as well as disposal of waste.
12. That the developer shall ensure all garbage is enclosed in an animal and weather proof
container and properly disposed of in a timely manner.
13. That the developer shall ensure that signage advertising the proposed use is restricted
to the property and is no more than one square metre in area (1 mz). No off-site
advertising shall be permitted.
14. That the developer shall ensure that there is an adequate supply of potable water is
provided for this use.
15. That the developer shal I ensure that there is adequate and proper disposal of sewage and
other waste from this use.
16. That the developer shall ensure the property is maintained to the satisfaction of the
Development Officer. The developer shall ensure the property's condition is improved
to the satisfaction of the Development Officer prior to the opening of the proposed use.
The Municipal Planning Commission during its site review noted the presence of
materials not conducive to a public use which should be removed or relocated prior to
the commencement of operation. In addition, over-grown vegetation should be cut
down and maintained in a neat manner.
17. That the developer shall ensure any buildings used for this use are finished in a similar
manner as the principal building on this property.
18. That development approval is granted for this use until November 1, 2002. After that
time, the Municipal Planning Commission may review the performance of this use and
compliance with these conditions. The developer shall be responsible to apply to the
County for a development permit one month prior to the end of the approval period
granted in this application.
19. That this permit is granted only for the operation of an outdoor miniature golf course
to operate from April 1 to November 1, weather permitting, of each year of
development approval. The operation of the miniature golf course shall not affect the
agricultural operations or other residential parcels in vicinity to this property. If this
occurs, the developer shall ensure that the use occurs in a manner as directed by the
County of Newel I.
Carried.
June 27, 2000 Page 62
14. Question Period/Notice of Motion
A question period was held.
Moved by Councillor Steinbach that the July 25'h, 2000 Municipal Planning Commission
meeting be changed to August 151, 2000. Carried.
15. Adjourn
Moved by Councillor Douglass that the meeting adjourn at 2:40 p.m. Carried.
G ~n~x~-~
CHAIRMAN
SECRETARY
June 27, 2000 Page 63