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HomeMy WebLinkAbout2001-02-07 Municipal Planning Commission (Regular) Minutes~~ County of Newell No. 4 --` Minutes of Municipal Planning Commission Meeting February 7, 2001 The regular Municipal Planning Commission Meeting of the County ofNewell No.4 was held in the County Office at Brooks, AB on Wednesday, February 7, 2001 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 Executive Secretary K. Weiss 1. Call to Order The Chairman called the meeting to order. 2. Excused from Meetin¢ --.- All members were in attendance at this meeting. 3. Minutes Minutes of the December 19, 2000 meeting were presented to the Commission. Moved by Councillor Steinbach that we adopt these minutes as amended. Carried. 4. Call for Post Agenda Items The Chairman called for post agenda items. 5. Adoption of Agenda Moved by Councillor Vermeeren that the agenda be adopted as amended. Carried. 6. Business from Minutes There were no Business from Minutes items. ,--- ... . February 7, 2001 Page 1 ~~~ Council Report The Planner reported on the decision from the Subdivision & Appeal Board Hearing. Development Permits 1. Permit #2182 -Plan 9411176 Block 4 Units 1 & 2 -Gette, Richard & Kathy Single Family Residence -Including Bed & Breakfast Operation Kathy Gette was in attendance at the meeting to present information on this application. Moved by Councillor Vermeeren that we approve Development Application #2182 to allow a Bed & Breakfast Operation at the above-noted location subject to the following conditions: 1. That this use be classified as a single family dwelling being a permitted use within the RR1 -Resort Residential District. Approval for the bed and breakfast operation is granted by the Municipal Planning Commission at its February 7, 2001, meeting under Section 9(4) of Land Use By-law #1004-90. The proposed use is deemed not to interfere with or affect the amenities of the neighbourhood or value or enjoyment of neighbouring properties and the proposed use conforms with the use prescribed for the land. A maximum of three bedrooms may be used in the operation of the bed and breakfast. 2. That this use shall comply with all Federal, Provincial, 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 RR1 -Resort Residential District. 4. That the development shall be located as shown on the site plan submitted by the developer. A formal site plan shall be submitted by the developer which includes a plot plan prepared by an Alberta Land Surveyor prior to the commencement of construction of the single family residence. 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., building, gas, electrical, plumbing, from an accredited inspection agency as shown on the attachment to this development permit. 7. That the developer shall provide to the Development Officer a copy of the building permit prior to the commencement of construction of the single family residence. 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. 11. That the developer shall ensure that construction materials, supplies, equipment are stored on the property and not within the 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 satisfy the minimum yard requirements of the RRl -Resort Residential District as stipulated under Section 62.4 of Land Use By-law #1004-90, unless varied under this development approval: Front Side Flankage Rear _ 3m 1.Sm* 3m 7.Sm *For zero lot line subdivisions, one side yard may be reduced to zero and the other side yard shall be 3 m. February 7, 2001 Page 2 1 _~ 14. That the developer shall ensure that the residence does not exceed a height of l Om from ~- the average finished grade to the highest point on the residence. 15. That this development approval is given only for the construction of a single family residence within Plan 9411176, Block 4, Units 1 and 2, any other development shall require a separate application and approval. Approval is also granted for the bed and breakfast component of this development by the Municipal Planning Commission. 16. That the developer shall ensure that all drainage shall be directed onto the property and not onto adjacent properties. 17. That the developer shall ensure the landscaping of the property is completed within two years of issuance of this development approval. 18. That the developer shall satisfy the requirements of the Lake Newell Resort Architectural Control Board. The developer shall provide a set of plans to the Architectural Control Board prior to the commencement of construction of the single family residence for approval. A copy of the approval letter shall be provided to the Development Officer by the developer prior to the commencement of construction. The developer shall comply with the architectural control guidelines and conditions of the Board. 19. That the developer shall ensure that a minimum of three (3) stalls are provided for client parking. One of these stalls may be used for loading materials and supplies for the bed and breakfast operation. The parking area shall be hard-surfaced and completed prior to the occupancy of the bed and breakfast. Parking for the residence shall be provided within an attached garage. The parking area shall be incorporated into the landscaping plan to be prepared by a qualified professional. 20. That the developer shall provide to the Development Officer a copy of detailed plans of r- the single family residence prior to commencement of construction. 21. That the developer shall provide to the Development Officer a copy of a landscape plan prepared by a qualified professional prior to the commencement of construction of the single family residence. If landscaping cannot be provided within 2001, the developer shall request a variance to allow landscaping to occur within 2002. Security shall be provided in the form of a bond, certified cheque, irrevocable letter of credit or other form satisfactory to the municipality in the amount of $5,000.00 (five thousand dollars) if landscaping is not completed by September 1, 2002, to complete landscaping to the satisfaction of the municipality. 22. That an inspection of the single family residence shall be conducted by the Development Officer prior to the commencement of the bed and breakfast operation. 23. That any signage for the bed and breakfast operation shall be less than lm' and located in a discrete location on the residence. 24. That the developer shall comply with all regulations and guidelines of the Regional Health Authority pertaining to bed and breakfast operations. A copy of the permit authorizing the bed and breakfast operation issued by the Regional Health Authority shall be provided to the Development Officer by the developer prior to the commencement of the bed and breakfast operation. Carried. Mrs. Gette left the Council Chambers. s- February 7, 2001 Page 3 L~ 9. Home Occupation Permits 1. Renewal of Home Occupation Permit #97 - Goodheart, Francine _. Pt SW 5-15-13-W4M -Floral Arrangements & Gifts Moved by Councillor Steinbach that we approve the renewal of Home Occupation Permit #97 to allow the sale of floral arrangements and gifts at the above-noted location. Carried. 10. Subdivisions O1 NL 001 - SE 19-22-19-W4M -Division 6 Karg_ard Loren -Farmstead Re-subdivision Moved by Councillor Steinbach that we recommend to Council approval of Subdivision Application Ol NL 001 for farmstead re-subdivision in SE 19-22-19-W4M subject to the following conditions: 1. The County may require the applicant to remove two of the approaches to the proposed parcel so that only one approach is located within this parcel. 2. The County will require road dedication of a five-metre strip along the easterly boundary of the proposed and remnant parcels in the form of a caveat to be registered on both parcels. 3. The County will need to waive requirements of Section 44 of Land Use By-law #1004- 90 to allow an existing building to remain as constructed within the 40 m setback requirement. 4. The County will need to waive requirements under Section 49.6 to allow the proposed parcel to have an area of approximately 6.045 ha (14.94 acres). 5. The County will require municipal reserve to be in the form of a deferred reserve caveat on the remnant parcel in the amount of 0.6045 ha (1.49 acres). This amount may be varied once a formal subdivision plan is submitted to the County for endorsement. 6. Oil and gas companies will require that all instruments are carried forward upon registration of the subdivision plan at Land Titles Office. 7. Franchise utilities may require easements for services to be carried forward at the time of registration of the subdivision plan at Land Titles Office, or the applicant to be responsible for all costs associated with the provision of services to the proposed or remnant parcels. Defeated Moved by Councillor Vermeeren that we recommend to Council to deny this application as it is a re-subdivision. Carried. 2. O1 NL 003 - SE 29-21-14-W4M -Division 8 Bunney Hilda -Farmstead Separation Moved by Councillor Vermeeren that we recommend to Council approval of Subdivision Application O1 NL 003 for farmstead separation in SE 29-21-14-W4M subject to the following conditions: 1. The County will require the applicant to enter into a Road Approach Agreement for the installation of an approach to the remnant parcel from a developed roadway. This must be to the satisfaction of the Public Works Department. February 7, 2001 Page 4 C ~~ 2. The County will need to waive the requirement under Section 31 to have only one ,~-~ dwelling per parcel and allow both to remain as constructed. No improvements maybe made to them except for routine maintenance to ensure structural suitability as these represent non-conforming buildings. If substantially destroyed, they may not be replaced. 3. The Eastern Irrigation District may require the applicant to provide a registrable easement as well as enter into a household agreement for the conveyance of water to the proposed parcel. All costs associated with providing water to the proposed parcel will be the responsibility of the applicant. 4. Oil and gas companies will require all instruments to be carried forward when the subdivision plan is registered at Land Titles Office. 5. Franchise utilities will require all easements to be carried forward when the subdivision is registered at Land Titles Office as well as the applicant being responsible for the costs associated with servicing the properties. Carried. 3. Ol NL 004 -Plan 5093 FD Parcel A -Division 7 Parker, Vern -Farmstead Separation Moved by Councillor Vermeeren that we recommend to Council approval of Subdivision Application O1 NL 004 for farmstead separation in Plan 5093 FD Parcel A subject to the following conditions: 1. The County will require the applicant to enter into Road Approach Agreements with the municipality for the up-grading of approaches into the remnant portions of the subject properties. 2. The County will require the applicant to provide municipal reserve as a deferred reserve caveat to be registered on Plan 5093FD and to be pro-rated based on the amount of the proposed parcel to be included within this plan. The amount of deferred reserve will be calculated from the subdivision plan provided to the municipality for endorsement. 3. The Eastern Irrigation District may require the applicant to provide easements for the conveyance of water to the proposed parcel as well as any of their facilities within the subject properties as well as enter into a household agreement. 4. Oil and gas companies may require all instruments be carried forward when the subdivision plan is registered at Land Titles Office. 5. Franchise utility companies may require easements for their facilities or require the applicant to be responsible for all costs associated with the relocation, modification or installation of services. Carried. 4. O1 NL 005 - NW 13-20-14-W4M -Division 3 Davidson, Ken -Farmstead Separation Moved by J. Doerksen that we recommend to Council approval of Subdivision Application O1 NL 005 for farmstead separation in NW 13-20-14-W4M subject to the following conditions: 1. The County will require the applicant to provide road dedication by caveat along the ,•- northern boundary of the proposed and remnant parcels adjacent to Road Plan 6063JK. 2. The County may require the applicant to enter into a Road Approach Agreement for the approach located on the western boundary of the remnant parcel. February 7, 2001 Page 5 V~ 3. The Eastern Irrigation District will require the applicant to enter into a household purposes agreement as well as provide registrable easements for the provision of water to the proposed parcel. 4. The Eastern Irrigation District may require the applicant to terminate the irrigable rights within the proposed parcel. 5. Oil and gas companies will require all instruments to be carried forward when the subdivision plan is registered at Land Titles Office. 6. Franchise utilities may require easements for the provision of their services to the proposed parcel as well as having the applicant be responsible for all costs associated with the modification, relocation or installation of their facilities. Carried. 11. Development Report -December 13 2000 to January 31, 2001 The Development Report for December 13, 2000 to January 31, 2001 was presented to the Commission. Moved by J. Doerksen that we approve this report. Carried. 12. Correspondence 1. Town of Brooks -Subdivision Application - SE 4-19-14-W4M A letter from the Town of Brooks regarding a Subdivision Application in the SE 4-19-14- W4M was presented to the Commission as information. The Planner will advise the Town that we have no objections to this subdivision. 2. Community Planning Association of Alberta - Snrin~ Conference & Education Session Information was presented to the Commission regarding the Community Planning Association of Alberta Spring Conference & Education Session being held in Red Deer on April 2°a to 4~'. It was recommended that any members of the Municipal Planning Commission and the Subdivision & Development Appeal Board be allowed to attend, if they wish. 13. Other Business 1. Planning & Development Applications (1995 to 2000) The Planner presented a summary of Planning & Development Applications for the period 1995 to 2000. It was directed that this report also be presented at the next Council Meeting. 14. Land Use Changes There were no Land Use Changes. February 7, 2001 Page 6 C 15. Post A enda Items Development Permit #2181 - PanCanadian Petroleum Ltd. Frac Sand Recycling Facility -LSD 2-30-18-15-W4M A -Agricultural District -Division 5 Moved by J. Doerksen that we approve Development Application #2181 to allow PanCanadian Petroleum Ltd. to operate a frac sand recycling facility at the above-noted property subject to the following conditions: 1. That this use be classified as a "Frac Sand Recycling Facility" being a discretionary use within the A -Agricultural District. Approval is granted by the decision of the Municipal Planning Commission at its February 7, 2001 meeting. 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 By-law #1004- 90 pertaining to the A -Agricultural District. 4. That the development shall be located as shown on the site plan submitted November 2, 2000. Any permanent changes to that plan shall require the written approval of the Development Officer. 5. That this permit shall only be for the development of a frac sand recycling facility within LSD 2-30-18-15-W4M. Any additional development shall require a separate development permit application and approval. 6. That the applicant shall utilize the existing approach as indicated in the site plan attached to the development application. If a new access is required, the applicant shall ,.-. apply to the municipality for a Road Approach Agreement. The Public Works Department shall be contacted prior to construction to ensure that the approach is suitably located. 7. That the operator shall ensure that any approach that provides access to the proposed site shall provide adequate site lines to allow on-coming traffic to avoid traffic exiting from this site. The applicant shall contact the Public Works Department prior to commencement of the operation to review the proposed approach and incorporate any recommendations provided by this department to ensure safe turning movements into and out of the proposed area. 8. That the operator shall ensure dust control measures are in place to the satisfaction of the municipality prior to commencement of the frac sand recycling facility operation. 9. That the operator shall ensure that the frac sand recycling facility does not cause undue noise, dust or other nuisances which may affect other land owners in the area 10. . That the operator shall ensure that the site is maintained to the satisfaction of the Development Officer. 11. That the operator shall be responsible for any increased road maintenance required on the County road as a result of this use. This maintenance shall be under the direction of the Public Works Department. 12. That the operator of the facility shall provide to the Development Officer a copy of the approval granted by the Alberta Energy and Utilities Board prior to March 1 2001. 13. , That approval is granted for the mobile home to be included within the recycling facility. 14. That the developer shall provide to the Development Officer a copy of a building permit ~-- from an authorized inspection agency for the County ofNewell prior to March 1 2001 , , if one is required for the recycling facility. If one is not required, a copy of a letter designating this site as being exempt from such a requirement shall be provided to the Development Officer by the above date. February 7, 2001 Page 7 ~~a 15. That the development shall be located so that the following setbacks are maintained: Front Side Flankage Rear 40m* 3m 40m* 3m *From the centre line of the County road. Carried. Development Permit #2185 -Leon Torkelson Moved-in Residence - Pt. SE 20-20-13-W4M A - Agricultural District -Division 3 Moved by J. Doerksen that we approve Development Application #2185 for amoved-in residence at Pt. SE 20-20-13-W4M subject to the following conditions: ~~ 1. That this use be classified as a Moved-in Building" to be used as a residence in conjunction with an addition 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 By-law #1004- 90 pertaining to the A -Agricultural District. 4. That the development shall be located as shown on the site plan submitted February 5, 2001. 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 (electrical, building, heating and ventilation, gas and plumbing) from an accredited inspection agency as shown on the attachment to this Development Permit. 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 *40m 3m 3m *40m *From centre line of any public roadway or Secondary Highway. 14. That the developer shall enter into a Road Approach Agreement with the municipality for the construction of an approach to the SE 20-20-13-W4M. This approach shall be to the satisfaction of the County's Public Works Department. 15. That this approval is granted only for the development of the single family residence within Pt. SE 20-20-13-W4M. All other development shall require separate applications and approvals. 16. That the developer shall ensure the moved-in building is sided in new vinyl or other appropriate siding. All construction must be new material. All windows to be installed shall be new. February 7, 2001 Page 8 ~ ~~ 17. That the developer shall ensure that the development is located at least 40 m from the centre of the County road located to the north of the subject property. 18. That approval is also granted for the construction of deck onto the proposed moved-in residence or the continuation of the existing deck as shown in the photographs provided by the applicant. 19. That the developer shall provide to the Development Officer, prior to the relocation of the building, a copy of an inspection report prepared by an authorized building inspector licenced in the County of Newell which reviews the electrical and structural elements of the proposed residence and identifies where improvements are required by the developer. Any recommended improvements that ensure the building satisfies the Alberta Building Code or other related provincial codes shall be completed by the developer. 20. That the developer shall provide to the Development Officer a copy of the design for the preserved wood foundation which is certified by a qualified engineer. Carried. 3. Home Occupation Permit #111 -Hugh & Jane McKay Plan 8011346, Block 1 Lot 3 Proposed Home Office for Sale of Fireplaces CR -Country Residential District Division 5 Moved by Councillor Steinbach that we approve Home Occupation # 111 for a proposed home office for the sale of fireplaces in Plan 8011346, Block 1 Lot 3 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. 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 March 1, 2003. Renewal of this permit shall be subject to the applicant's performance during that time period. This permit may be revoked if the conditions are not complied with. 8. That this home occupation permit is only for an office for the sale of fireplaces. No outside storage of the fireplaces shall be permitted. No other type of home occupation shall be permitted unless authorized by the Approving Authority. Carried. February 7, 2001 Page 9 n'~ ~~ 4. Subdivision Application #O1 NL 006 -Dennis & Dorene Torkelson Farmstead Se aration - Pt. SE 33-20-14-4 -Division 8 Moved by Councillor Vermeeren that we recommend to Council approval of Subdivision Application O1 NL 006 for a farmstead separation in Pt. SE 33-20-14-W4M subject to the Village of Duchess having no concerns and subject to the following conditions: 1. The County may require the applicant to provide road dedication in the form of a caveat for the proposed and remnant parcels along their easterly boundaries. 2. The Eastern Irrigation District may require easements as well as the applicant entering into a household purposes agreement for the conveyance of water to the proposed parcel. 3. Oil and gas companies will require all instruments to be carried forward at the time the subdivision plan is registered at Land Titles Office. 4. Franchise utilities may require easements for their facilities as well as requiring the applicant to be responsible for all costs associated with the installation, modification or relocation of services to the proposed parcel. Carried. 5. Subdivision Application O1 NL 007 - Tryntje Oostlander & Jacobus Oostlander Farmstead Se aration - Pt. SW & SE 18-21-15-W4M & Plan 524 FH Prcl M -Div. 7 Moved by Councillor Vermeeren that we recommend to Council approval of Subdivision Application O1 NL 007 for a farmstead separation at Pt. SW & SE 18-21-15-W4M & Plan 524 FH Parcel M subject to the following conditions: 1. The County may require the applicant to enter into a Road Approach Agreement to up- grade the approach located on the eastern boundary of SE 18-21-15-W4M as well as improving or construction of an approach to the SE 18-21-15-W4M. 2. The County may require the applicant to provide road dedication in the form of a caveat for a Sm strip of land adjacent to the eastern boundary of the SE 18-21-15-W4M extending throughout this quarter. 3. The County will require the applicant to provide municipal reserve in the form of a deferred reserve caveat to be registered against the SW 18-21-15-W4M. The amount of the deferred reserve will be determined when a subdivision plan is forwarded to the municipality for endorsement. Based on the information provided in the application, approximately 0.0720 ha or (0.178 acres) will be required as deferred reserve. 4. The County will need to grant a variance to Section 49.4 of Land Use By-law #1004-90 to allow the residence within the proposed parcel to remain as constructed. 5. The County will require the applicant to consolidate Plan 524 FH, Parcel M with the remainder of the SW 18-21-15-W4M at the time of registration of the subdivision plan with Land Titles Office. 6. The Eastern Irrigation District may require the applicant to provide easements or enter into a household purposes agreement for the conveyance of water to the proposed parcel. 7. Oil and gas companies will require any instruments registered on the titles to be carried forward at the time of registration of the subdivision plan with Land Titles Office. 8. Franchise utilities will require the applicant to be responsible for all costs associated with the installation or modification of existing facilities as well as easements required in the servicing of the existing or proposed parcels. Carried. February 7, 2001 Page 10 6. Land Use Amendment -Harvey Yanke CR -Country Residential District to CR2 -Country Residential 2 District Plan 8111866 Block E Lot 3 -Division 10 Moved by Councillor Vermeeren that we recommend to Council approval of an amendment to Land Use By-law 1004-90 to re-zone Plan 8111866, Block E, Lot 3, from CR -Country Residential District to CR2 -Country Residential 2 District. Carried. Lunch The Commission recessed for lunch from 12:00 noon to 12:30 p.m. Post Agenda Items (Cont"d.) 7. March Meetine Date The March 27, 2001 meeting date was moved to March 29, 2001. 16. 4uestion Period/Notice of Motion A question period was held. 17. Adjourn Moved by Councillor Vermeeren that the meeting adjourn at 12:40 p.m. Carried. CHAIRMAN -~~, `~ PLANNER February 7, 2001 Page 11