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HomeMy WebLinkAbout2000-09-26 Municipal Planning Commission (Regular) Minutesmay} County of Newell No. 4 Minutes of Municipal Planning Commission Meeting ~_ September 26, 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, September 26, 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 l . Excused from Meeting All members were in attendance at this meeting. 2. Minutes ,-- Minutes ofthe August 29, 2000 meeting were presented to the Commission. Moved by Councillor Steinbach that we adopt these minutes as circulated. Carried. 3. Call for Post Agenda Items The Chairman called for post agenda items. 4. Adoption of A enda 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 There was no new information on this item. September 26. 2000 Page 77 14 Business Licences and Permitting There was no new information on this item. 13-3 Letter to Town of Brooks -M.D.P. The Planner presented to the Committee a copy of the letter sent to the Town of Brooks with regard to the process of the review for their Municipal Development Plan. 6. Development Permits 1. Permit #2136 - Pt. SW 8-20-14-W4 -Division 8 Brooks Pork Ltd. -Expand Existing Operation Robert Janzen of Brooks Pork Inc. was in attendance to present information on this application. This application will be brought back to the next meeting. 2. Permit #2142 -Plan 8111866, Block E, Lot 3 -Division 10 Yanke, Harvey -Construct Oversized Accessory Building & Variance to Land Use Bylaw Applicant Harvey Yanke was in attendance to present information on this application. The Committee decided that they would view this property prior to making a decision on this request. 3. Permit #2144 -Plan 8210258, Block 4, Lot 4 -Division 1 Hirch. Dorothy -Relocate Single Family Residence & Construction Addition Applicant Dorothy Hirch was in attendance to present information on this application. Wayne Daniels, Division 1 Councillor, was in attendance and reported on a meeting held in Rolling Hills on September 19"' with regard to this application. David Zahenaiko, representing property owners in the immediate area, was in attendance and presented concerns with this application. Moved by Councillor Steinbach that we grant approval to Development Application #2144 to relocate a single family residence, as shown in the colour photographs included with the application, onto Plan 8210258, Block 4, Lot 4 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 HSF -Hamlet Single Family 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. September 26, 2000 Page 78 L~ 4. That the development shall be located as shown on the site plan submitted September 11, 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 ofthe building permit prior to commencement of construction. 8. That the developer shat l 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. ' 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 following minimum yard set-backs are maintained for this development: Front Side Rear Flankage 7.Sm 1.5m 3m 3m 14. That this approval is granted only for the development of the relocation of a single family residence as shown in Development Application #2144 to within Plan 8210258, Block 4, Lot 4. 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 preserved wood basement within six months following the date of approval. 16. That the appl icant provide to the County an irrevocable letter of credit in the amount of $40,000 so that, in the event the residence is not placed on a concrete foundation or preserved wood basement within six months, the County may use these funds to complete these conditions. The Irrevocable Letter of Credit shall be provided in the following manner: $20,000 effective October 19, 2000, to cover the relocation and reconstruction of the building onto Plan 8210258, Block 4; Lot 4 to be in effect until January 1, 2001, or until the municipality is satisfied that the building has been satisfactorily relocated and reconstructed; and $20,000 January 1, 2001 to cover the reconstruction of the proposed front entry and attached two car garage to be in effect until May 31, 2001 or until these areas are constructed to the satisfaction of the municipality. If there is an appeal of this application, the dates will be amended accordingly by the municipality pending the decision of the Subdivision and Development Appeal Board or the Court of Appeal. 17. That this application is subject to a site inspection conducted by the Development Officer within four months from the date of approval to ensure that all conditions are satisfactory to the municipality. The developer shall be responsible for arranging a suitable date and time for this inspection. September 26, 2000 Page 79 M L 18. That the developer shall be responsible for all costs associated with the modification of water and sewer services to provide service to the moved-in building. All works shall be to the satisfaction of the Chairperson, Hamlet Advisory Committee. The developer shall also be responsible for the restoration of the street, when these services are installed, to the satisfaction of the Superintendent of Public Works. 19. That the developer shall ensure that the revised entry-way and attached garage shall be finished in the same or similar architectural detail and finishing as the original building. Carried. 4. Permit #2147 -Plan 8210258, Block 2, Lot 11 -Division l Cordes, Leigh & Nicole -Relocate Single Family Residence Leigh and Nicole Cordes were in attendance to present information on this application. David Zahenaiko spoke in opposition to this development. Sheila Hirch spoke in favour of this development. Moved by Councillor Douglass that we grant approval to Development Application #2147 to relocate a single family residence, as shown in the colour photographs included with the application, onto Plan 8210258, Block 2, Lot I 1 subject to the approval of the conditions to be presented at the October 31 S`, 2000 meeting. Moved by J. Doerksen that we table this motion. Carried. The Planner will bring forward conditions of this approval at the October meeting. 7. Home Occupation Permits There were no Home Occupation Permit applications. Lunch The Committee recessed for lunch from 12:00 noon to 12:43 p.m. 8. Subdivisions 1.00 NL 026 -Plan 5281 F.D., Parcel A -Division 2 Mortensen, Brian & Candice -Farmstead Separation Moved by B. M`Kellar that we recommend to Council that, due to the sterilization and fragmentation of farmland, they deny Subdivision Application 00 NL 026. Carried. September 26, 2000 Page 80 c~~ 2. 00 NL 027 - Pt. E %2 4-21-14-W4 -Division 8 Bandura, Joe & Sandra -Boundary Adjustment Moved by J. Doerksen that we recommend to Council approval of Subdivision Application 00 NL 027 for a Boundary Adjustment in Pt. E % 4-21-14 W4 subject to the following conditions: I . The applicant entering into an agreement with the County of Newell to upgrade the existing approaches into the subdivided parcels. 2. The registration of a caveat for the dedication of 5 metres along the westerly boundary of the subdivided areas for future road widening to be purchased at a rate that is consistent with County Policy at that time. 3. The individual parcels are to be consolidated by plan for each of the quarter sections. 4. The applicantmeetingall requirementsofthe Eastern Irrigation Districtwith 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. 3. 00 NL 028 -Plan 028 -Plan 4410 JK, Parcel D -Division 5 Krauss, Lavern & Shirley -Residential Subdivision Chairman Baksa declared a pecuniary interest in this matter and left the Council Chambers. Vice-Chairman Doerksen assumed the chair. Moved by Councillor Steinbach that we recommend to Council approval of Subdivision Application 00 NL 028 for a residential subdivision within Plan 4410 JK, Parcel D, waiving the requirements under Section 50 of Land Use Bylaw # 1004-90 being the OF - Urban Fringe District in that the proposal does not comply with the provisions found within this section and subject to the following conditions: 1. The applicant entering into an agreement with the County of Newell for the upgrading of the approach for the proposed parcel. The County may require the applicant to close one of the existing approaches to the remnant parcel. 2. The registration of a deferred municipal reserve caveat against the remnant parcel. The amount of municipal reserve required will be calculated at the time the applicant provides a plan of subdivision to the municipality for endorsement. 3. The applicant meeting all requirementsofthe 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. September 26, 2000 Page 81 C,~ Chairman Baksa returned to the meeting and resumed the chair. 9. Other Business Adoption of Area Structure Plans - Pt. SW 10-19-14-W4 Developers Sandra Weiss and Neil Johnson, along with Bill Tuttle, of UMA Engineering, were in attendance to present information on these items. 1. Sandra Weiss Property, C of T 951 224 681 Moved of J. Doerksen that we recommend to Council adoption of this Area Structure Plan. Carried. 2. Johnson Farms Ltd. Property - C of T 971 253 419 +17 Moved by Councillor Douglass that we recommend to Council adoption of this Area Structure Plan. Carried. Moved by J. Doerksen that we ask Council discuss water and wastewater needs for residential subdivisions. Carried. 3. Lynn Tobler - NW 9-21-14-W4 -Inquiry Chairman Baksa declared a pecuniary interest in this matter and left the Council Chambers. Vice-Chairman Doerksen assumed the chair. Brad Tobler, Robin Kingcott and Bernie Scheuerman were in attendance to make inquiries with regard to the placement of a second residence on a parcel of land that is zoned agriculture and under 20 acres in size. They were informed that a formal application would be required to deal with this request. Chairman Baksa returned to the Council Chambers and resumed the chair. 10. Development Report The Development Report for August 23, 2000 to September 19, 2000 was presented to the Commission. Moved by J. Doerksen that we approve this report. Carried. September 26, 2000 Page 82 C~'~ 11. Correspondence -- 1. Intensive Livestock Operations Update -Newsletter A newsletter with an Intensive Livestock Operations Update was presented to the Committee for information. 2. Municipal Law -Newsletter A Municipal Law Bulletin from Brownlee Fryett was presented to the Committee for information. 3. IPEC Ltd. -Amendment to Development Approval #1943 A letter from IPEC Ltd. with regard to an amendment to Development Approval # 1943, was presented to the Committee for information. Other Business (cont'd) 4. Statutory Planning Within the Vicinity of the Town of Brooks r-. The Planner presented a map, with suggested areas for Statutory Planning, to the Committee for their review and input. This item will be brought back to the next meeting. 5. Fee Schedule Revisions for 2001 The Planner presented a proposed fee schedule for 2001 to the Committee for their review and input. This item will be brottght back to the next meeting. 12. Land Use Changes There were no Land Use Changes. 13. Post Agenda Items 1. Town of Bassano -Subdivision of the SE 20-21-18-W4 A letter from Brisbin & Sentis Engineering Inc., with regard to Town of Bassano - Subdivision of the SE 20-21-18-W4, was presented to the Committee. The Planner will respond to this letter. September 26. 2000 Page 83 L~ 2. Land Use Amendment Application -Plan 91 10029, Block 8 Agricultural District to Hamlet Residential District -Division I Moved by Councillor Douglass that we recommend to Council that consideration be given to first reading of a bylaw to amend the land use designation for Plan 91 10029, Block 8 within the Hamlet of Rolling Hills from Agricultural District to Hamlet Residential District subject to the rezoning not taking affect until a plan of subdivision is registered at Land Titles Office. Carried. 3. Home Occupation Permit #109 -Plan 951 1874, Block 2 Lowes, Larry -Cabinetry Workshop -Division 5 Moved by Councillor Douglass that we approve home occupation application #109 to operate a cabinetry workshop business for Plan 951 1874, Block 2 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 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 shat l 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 September 30, 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 cabinetry workshop business to be operated by the applicant at Plan 951 1874, Block 2. Any other type of home occupation shall require a separate application and approval. Carried. 4. 00 NL 017 -Plan 988 B.A., Block A - Pt. SW 1-21-16-W4 -Division 7 Volker Hein -Request to Extend Time Approval for Subdivision Application Moved by Councillor Steinbach that we grant an extension to application 00 NL 017 until December 3 I , 2000. Moved by J. Doerksen that we amend the extension date in the motion to November 30, 2000. Vote on amendment. Carried. Vote on amended motion. Carried. September 26, 2000 Page 84 Recess ,_._ The Committee recessed from 3:17 p.m. to 4:05 p.m. to view the property located within Pt. NW 15-19-14-W4. Development Permits (cont'd) Permit #2142 -Plan 81 11866, Block E, Lot 3 -Division 10 Yanke, Harvey -Construct Oversized Accessory Building & Variance to Land Use Bvlaw (cont'd) Moved by Councillor Steinbach that this application be postponed to allow the applicant to apply for a land use amendment from Country Residential to Country Residential 2. Carried. Moved by Councillor Douglass that, if this land use change application is received by October 3, 2000, the Municipal Planning Commission would support this application at the October 5'h, 2000 Council meeting. Carried. 14. Question Period/Notice of Motion A question period was held. I5. Adjourn Moved by J. Doerksen that the meeting adjourn at 4:19 p.m. Carried. CHAIRMAN ~~ ~~~ ` PLANNER ~~ September 26, 2000 Page 85