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HomeMy WebLinkAbout2000-11-28 Municipal Planning Commission (Regular) Minutes~~ County of Newell No. 4 Minutes of Municipal Planning Commission Meeting " " November 28, 2000 The regular Municipal Planning Commission Meeting of the County ofNewell No.4 was held in the County Office at Brooks, AB on Tuesday, November 28, 2000 commencing at 10:00 a.m. Members Present Chairman C. Baksa Councillors C. Vermeeren R. Steinbach Representatives B. M`Kellar J. Doerksen Planner G. Shaw Recording Secretary P. Hoffman 1. Call to Order The Chairman called the meeting to order. 2. Excused from Meeting All members were in attendance at this meeting. 3. Minutes Minutes of the October 31, 2000 meeting were presented to the Commission. Moved by Councillor Vermeeren that we adopt these minutes as circulated. Carried. 4. Call for Post Agenda Items The Chairman called for post agenda items. 5. Adoption of A eg nda Moved by Councillor Steinbach that the agenda be adopted as amended. Carried. November 28, 2000 Page 99 ~~ 6. Business from Minutes 12-3 Abandoned Rail Rights-of--Way -Storage of Railway Equipment The Planner presented an updated report on this item. 14 Business Licences and Permitting It will be recommended to Council that this item be put on a Joint Municipalities meeting agenda. 9-2 Permit #2165 -Plan 7410502, Block 2, Lot 8 -Division 1 Smit Phyllis -Moved-in Residence The Planner reported that this application had been withdrawn. 7. Development Permits 1. Permit #2170 -Plan 1289 HN, Block 1 -Division 10 Tiegs Holdings Inc. -Change in Occupancy of Buildings Bruce Tiegs, Tiegs Holdings Inc.; Don Bruce, TransCanada Pipelines; and Don Draper, Royal Lapage Realty were in attendance to present information on this application. Moved by J. Doerksen that we approve Development Application #2170 to allow Nova Gas Transmission Ltd. (TransCanada Pipelines Ltd.) to occupy the property legally described as Plan 1289 HN, Block 1, for use as an office and storage of materials, equipment and vehicles subject to the following conditions: 1. That this use be classified as an "Office and Warehouse storage" being approved under Section 9(4) of Land Use By-law # 1004-90 and is granted by the decision of the Municipal Planning Commission at its November 28, 2000 meeting. Approval is granted for Nova Gas Transmission Ltd. to occupy the buildings and make use of the land for the storage of vehicles. Equipment and materials shall be stored in the quonset buildings where possible. 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 November 14, 2000. Any changes to that location shall require the written consent of the Development Officer. 4. That the proposed development shall comply with Section 53 of the Land Use By-law #1004-90, being the HWY C -Highway Commercial District. 5. That the proposed development shall comply with the Alberta Building Code and Alberta Fire Code where applicable. 6. That the developer shall ensure that emergency vehicle access is maintained to two sides of the building. November 28, 2000 Page 100 G~ 7. That the developer shall ensure that there is an adequate supply of potable water provided for this use. 8. That the developer shall ensure that there is adequate and proper disposal of sewage and other waste from this use. 9. That the developer shall ensure that the property is maintained to the satisfaction of the Development Officer. 10. That any outside storage shall be screened or fenced to the satisfaction of the Development Officer. 11. That the developer shall enter into an agreement with the County to provide for landscaping of the property, asphalting of a parking area, screening of property and the upgrading or removal of the existing quonset huts. This agreement may be registered on title as a caveat at the expense of the developer. The cost of preparing the development agreement shall be the responsibility of the developer. Carried. Home Occupation Permits There were no Home Occupation Permit applications. 9. Subdivisions 1. 00 NL 033 - NE 23-16-16-W4 -Division 4 Chomistek. Joseph & Susan -Farmstead Separation Moved by Councillor Vermeeren that we recommend to Council approval of Subdivision Application 00 NL 033 for a farmstead separation in NE 23-16-16-W4 subject to the following conditions: 1. The applicant entering into an agreement with the adjacent landowner for a shared access to the proposed and remnant parcels to be registered on the title. 2. That the area legally described as being "that portion which lies to the south east of Parcel A and the south westerly production of the south easterly boundary of the said Parcel A on Plan 5552 FD containing 3.52 hectares (8.69 acres) more or less" be consolidated with the proposed parcel, Plan 5552 FD, as well as the remainder of the NE 23-16-16-W4 by plan or other form suitable to the municipality. 3. The registration of a caveat for the dedication of 5 metres along the 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. 4. The registration of a deferred municipal reserve caveat against the remnant parcel. The amount of the municipal reserve required will be calculated at the time the applicant provides a plan of subdivision to the municipality for endorsement. 5. The applicant meeting all requirements of the Eastern Irrigation District with respect to the conveyance of water as well as easements and, as well, the Eastern Irrigation District may require the number of irrigable acres to be adjusted for the NE 28-16-16- W4. 6. The applicant providing easements to franchise utilities for providing services to the proposed parcel. November 28, 2000 Page 101 ~i~ 7. The applicant abandoning the irrigation ditch running north south adjacent to the east side of the proposed and remnant parcels. 8. The applicant providing to the County, a copy of the minutes of the meeting between himself and the Cemetery Committee. Carried. Development Permits (cont'd) 2. Permit #2172 -Plan 7410502, Block 2, Lot 5 -Division 1 Smit Phyllis -Moved in Residence Moved by Councillor Steinbach that we approve Development Application #2172 to relocate a single family residence onto Plan 7410502, Block 2, Lot 5 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 HR -Hamlet 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 57 of Land Use Bylaw # 1004- 90 pertaining to the HR -Hamlet Residential District. 4. That the development shall be located as shown on the site plan submitted November 17, 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. 11. 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.Sm 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 #2172 to within Plan 7410502, Block 2, Lot 5. 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. November 28, 2000 Page 102 C~ 16. That the applicant provide to the County an irrevocable letter of credit or other form of security to the satisfaction of the municipality in the amount of $10,000 so that in the "~ event the residence is not placed on a concrete foundation, or preserved wood basement within six months, or other improvements completed within one year of the decision date, the County may use these funds to complete these conditions. The Irrevocable Letter of Credit or other form of security shall be provided in the following manner: $10,000 effective December 21, 2000, to cover the relocation of the building and construction of an addition on Plan 7410502, Block 2, Lot 5 to be in effect until November 28, 2001, or until the municipality is satisfied that the building has been satisfactorily relocated and addition completed. Ifthere is an appeal ofthis 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. 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 work 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 proposed addition shall be finished in the same or similar finishing as the original building. 20. That the developer shall ensure that new windows are installed in the original building and the addition is constructed of new materials. -- 21. That the developer shall enter into a road approach agreement with the municipality if anew approach is required from First Street to the subject property. Only one approach shall be permitted to this property. If a new approach is installed from First Street, the existing approach to the cul-de-sac shall be removed and continuous fencing installed to the satisfaction of the municipality. 22. That the developer provide to the satisfaction of the municipality, professionally prepared drawings of all four elevations of the moved-in residence including the addition as well as floor plans for the basement, main floor and second floor. These drawings are to be provided to the Development Officer prior to the commencement of construction of a basement. 23. That the developer shall ensure the addition to the proposed relocated residence is completed, along with all other renovations to the outside of the proposed building, prior to December 1, 2001. Carried. 3. Permit #2169 -Plan NE 18-18-14-W4 -Division 5 Young?, Irene -Construction of Microwave Tower Douglas Michetti, of IP Plus Wireless Corp. was in attendance to present information on this application. Moved by J. Doerksen that we approve Development Application #2169 to locate a microwave tower within Pt. NE 18-18-14-W4 subject to the following conditions: November 28, 2000 Page 103 That this use be classified as a "Microwave Tower" being a discretionary use within the OF -Urban Fringe District. The Municipal Planning Commission grants approval under the clause "other uses of a similar nature as approved by the Municipal Planning Commission". This use is deemed to be similar to "Public and Quasi-Public Buildings and Uses". 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 50 of Land Use By-law # 1004-90 pertaining to the OF -Urban Fringe District. 4. That the development shall be located as shown on the site plan submitted November 8, 2000. Any changes to that plan shall require the written approval ofthe Development Officer. 5. That this permit shall only be for the construction of a microwave tower and ancillary building within Pt. NE 18-18-14-W4M. 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, if required, prior to the commencement of construction. 9. That the developer shall ensure that the tower and ancillary building are located a minimum distance of 40 m from the centre line of the adjacent County road. 10. That the developer may require approval from Transport Canada for the microwave tower. If required, the developer shall be responsible for obtaining approval from Transport Canada. A copy of this approval shall be provided to the Development Officer when obtained by the developer. 11. That the developer shall ensure that the property is maintained to the satisfaction of the Development Officer. 12. That the developer shall ensure that construction materials, supplies and equipment aze 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 the developer shall ensure that suitable fencing is provided to prevent unauthorized entry into the ancillary building and communication tower. 15. That the developer shall enter into a road approach agreement with the County of Newell for the installation of an approach to the NE 18-18-14-W4M to the satisfaction of the Public Works Department. The developer shall contact Mr. Earl Somerville, Superintendent of Public Works, 362-3266, to determine the most suitable location for an approach to this development or measures needed to upgrade the existing one to ensure safe turning movements. 16. That the developer shall ensure the construction of the microwave tower within the Pt. NE 18-18-14-W4M does not impede access into other areas of the quarter within the subject property. 17. That the developer shall ensure that the tower is lighted with strobe lighting acceptable to Transport Canada regulations to ensure high visibility to low flying aircraft for day and night time operations. The strobe lighting shall be installed midway up the tower and at the top of the tower. November 28, 2000 Page 104 G ~~ 18. That the developer shall provide space, if available, to future data transmission operators on the m icrowave tower. This shall only be required if all possible alternative locations have been reviewed by the data transmission operators and found to be insufficient by the operators and the municipality. Carried. Subdivisions (cont'd) 2. 00 NL 034 -Plan 9110029, Block 8 -Division 1 Eastern Irrigation District -Residential Subdivision Moved by J. Doerksen that we recommend to Council approval of Subdivision Application 00 NL 034 for a residential subdivision within Plan 9110029, Block 8 subject to the following conditions 1. The applicant entering into an agreement with the County of Newell for the installation of road approaches to the proposed parcels prior to endorsement of the subdivision plan by the municipality. 2. The registration of a caveat for the dedication of 5 metres along the 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. That a 5.87 m wide strip of land along the westerly border of proposed Lot 6 be consolidated with Parcel A, Plan 1150 HC by plan prior to the endorsement of the subdivision plan for this application. 4. The applicant providing easements to franchise utilities for providing services to the -~° proposed parcel or the cost associated with the modification, relocation or installation of same to be the applicant's responsibility. Carried. 10. Development Report -October 26, 2000 to November 21, 2000 The Development Report for October 26, 2000 to November 21, 2000 was presented to the Commission. Moved by Councillor Steinbach that we approve this report. Carried. 11. Correspondence 1. Brisbin &Sentis Engineering Inc. -Town of Bassano -Application for Subdivision Lots 17 - 20, Block 4, Plan 3872 T (separation of title) A letter from Brisbin &Sentis Engineering Inc., with regard to an application for subdivision for Lots 17 - 20, Block 4, Plan 3872T in the Town of Bassano, was presented to the Commission as information. November 28, 2000 Page 105 V~ 2. Brisbin &Sentis Engineering Inc. -Town of Bassano -Application for Subdivision Lots 14 & 15, Block 3, Plan 3872T (separation of title) A letter from Brisbin &Sentis Engineering Inc., with regard to an application for subdivision for Lots 14 & 15, Block 3, Plan 3872T in the Town of Bassano, was presented to the Commission as information. 3. Brisbin &Sentis Engineering Inc. -Town of Bassano -Application for Subdivision Lots 1 - 20 Block 28. Plan 4437 AD - (re-subdivision) A letter from Brisbin &Sentis Engineering Inc., with regard to an application for subdivision for Lots 1 - 20, Block 28, Plan 4437 AD in the Town of Bassano, was presented to the Commission as information. 4. Brisbin &Sentis Engineering Inc. -Town of Bassano -Application for Subdivision Lot 4 & the West 81 feet of Lot 5, Block B, Plan 4437 AD (separation of title) A letter from Brisbin &Sentis Engineering Inc., with regard to an application for subdivision for Lot 4 & the West 81 feet of Lot 5, Block B, Plan 4437 AD in the Town of Bassano, was presented to the Commission as information. 12. Other Business 1. December Meeting Date Moved by Councillor Steinbach that the December 26~' meeting be changed to December 19`'', 2000. Carried. 13. Land Use Changes There were no Land Use Changes. 14. Post Agenda Items 1. Town of Brooks -Lots 1 & 4, Block 8 within the NE 5-19-14-W4 Change in Land Use from R-1 to R-7 A letter from the Town of Brooks, with regard to the proposed land use change of Lots 1 & 4, Block 8 within the NE 5-19-14-W4 from R-1 to R-7 to permit single detached housing on a narrow lot, was presented to the Commission as information. November 28, 2000 Page 106 2. Universi of Calg_arv -Proposed Hamlet of Rollin; Hills Study A letter from the University of Calgary, stating that, at this time, they are unable to accommodate a proposed study of the Hamlet of Rolling Hills, was presented to the Commission. The Commission members felt that it would be worthwhile to submit another project to the University of Calgary for a future semester. 15. Question Period/Notice of Motion A question period was held. Moved by Councillor Vermeeren that copies of Subdivision and Development Appeal Board decisions be sent to members of the Municipal Planning Commission. Carried. It was felt that "Council Report" should be added to the MPC Agenda and that copies of those sections of the Council minutes pertaining to MPC recommendations should be given to the MPC members at large. 16. Adjourn Moved by J. Doerksen that the meeting adjourn at 11:52 a.m. Carried. CHAIRMAN _- ~ L PLANNER November 28, 2000 Page 107