HomeMy WebLinkAbout2001-02-27 Municipal Planning Commission (Regular) Minutesc~
County of Newell No. 4
Minutes of Municipal Planning Commission Meeting
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February 27, 2001
The regular Municipal Planning Commission Meeting ofthe County ofNewell No.4 was held
in the County Office at Brooks, AB on Tuesday, February 27, 2001 commencing at 10:00
a.m.
Members Present Chairman C. Baksa
Councillor R. Steinbach
Representatives B. M°Kellar
J. Doerksen
Administrator A. Martens
Executive Secretary K. Weiss
1. Call to Order
The Chairman called the meeting to order.
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2. Excused from Meeting
Moved by Councillor Steinbach that Councillor Vermeeren be excused from this meeting.
Carried.
3. Minutes
Minutes of the February 7, 2001 meeting were presented to the Commission. Moved by J.
Doerksen that we adopt these minutes. Carried.
4. Call for Post Agenda Items
The Chairman called for post agenda items.
5. Adoption of A eg nda
Moved by B. McKellar that the agenda be adopted as amended. Carried.
6. Business from Minutes
There were no Business from Minutes items.
February 27, 2001
Page 12
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7. Council Report
Chairman Baksa gave this report and advised the members-at-large that a Workshop will be
held on March 12, 2001 with M.P.C. being scheduled for 3:30 p.m.
Development Permits
1. Permit #2061 -Plan 8310003 Block 8 Lot 3 -Div. 10 -Brooks Asphalt & Aggregate
Operation of Portable Asphalt Plant -Renewal of Permit
Moved by B. McKellar that we approve Development Application #2061 for the operation
of a portable asphalt plant subject to the following conditions:
1. That this use be classified as an "Asphalt Plant", 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 shall be located on Lot 3 Block 8 Plan 8310003. Any
permanent changes to this location shall require approval from the municipality.
4. That the proposed development shall comply with Section 54, I -Industrial District, of
County of Newell Land Use By-law #1004-90.
5. That the developer shall ensure that the development maintains the following setbacks:
Front Side Flankage Rear
7.Sm* 3m 7.Sm* 3m
* from property line
6. That this use shall comply with the Alberta Building Code, where applicable.
7. That the developer shall comply with Alberta Environment's approval granted under
Approval No. 10364-01-00 as well as the Code of Practice for Asphalt Paving Plants,
in particular:
^ Being equipped with pollution control technology that meets the requirement of
the Code;
^ Ensuring that pollution control technology and operating practices meet the
following environmental requirements:
a. Opacity from all air emission sources at the asphalt paving plant shall not
exceed 40 percent, average over a period of 6 consecutive minutes.
b. Concentration of particulates in each effluent stream from the asphalt
paving plant's dryer stack to the ambient air shall not exceed 0.20 grams
per kilogram of effluent.
c. Emissions from the asphalt paving plant shall not cause an offensive odour.
d. Fugitive dust emissions from the asphalt paving plant shall not cause an
adverse effect.
8. That the developer shall ensure that access can be provided for Emergency Services
vehicles to service the development in the event of a fire.
9. That the developer shall ensure that the site is graded so that storm water does not drain
into any drainage ditches in proximity to Plan 8310003 Block 8 Lot 3.
February 27, 2001
Page 13
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10. That the developer shall ensure that noise dampening measures are in place prior to the
commencement of operations of the portable asphalt plant within Plan 8310003 Block
'" 8 Lot 3. Such measures may include best practicable technology available or berming,
or a combination of the two, to reduce the noise level from this development.
11. That the developer shall ensure that this development shall not cause undue nuisance
odours, smoke, dust or noise which may affect adjacent residential properties. The
developer shall ensure that operations are conducted properly when prevailing winds
are from the northwest and have the potential to transport nuisance odours, smoke or
dust to adjacent residential properties. The developer shall ensure that a proper dust
control program is implemented prior to commencement of operations. This program
shall be continued through the summer months to the satisfaction of the County of
Newell.
12. That the developer shall ensure the property is maintained to the satisfaction of the
Development Officer.
Moved by J. Doerksen that the vote on the motion be postponed until after a site inspection
takes place after lunch. Carried.
2. Permit #2183 - Pt. SW 10-21-14-W4M - Div. 8 -Plumer, Ben
Second Residence on Property
A letter from Ben Plumer requesting that review of this application be postponed until the
next M.P.C. Meeting was presented to the Commission. This request to postpone the review
was agreed to by the Commission.
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Home Occupation Permits
There were no Home Occupation Permits.
10. Subdivisions
1. O1 NL 008 - SW 4-21-15-W4M -Division 7
Dyck, Heinz -Farmstead Subdivision
Moved by Councillor Steinbach that we recommend to Council that this subdivision be
denied. Moved by Councillor Steinbach that we postpone the vote on the motion until a
residence is established on the property. Carried.
February 27, 2001 Page 14
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Development Permits (Cont.)
3. Permit #2184 -Plan 8110622 Block 8 Lot 1 -Div. 10
Smithbrook Waste Management Systems Inc.
Waste Processing Facility to Wash & Recycle Spent Frac Sand
Wayne Finnerty, from Smithbrook Waste Management Systems Inc., was in attendance at the
meeting to discuss this application. The review of this application was postponed until after
the applicant hosts an Open House regarding the proposed development.
4. Permit #2186 - SW 9-19-14-W4M -Div. 10
Smithbrook Waste Management Systems Inc. -Class 2 Thermal Oxidizer
Wayne Finnerty, from Smithbrook Waste Management Systems Inc., was in attendance at the
meeting to discuss this application. The review of this application was postponed until after
the applicant hosts an Open House regarding the proposed development.
5. Permit #2187 -Plan 8111799 Block A - Div. 3 - Declercq, Tom
Moved-in Building For Use as a Detached Garage
Moved by Councillor Steinbach that we approve Development Application #2187 for a
moved-in building for use as a detached garage subject to the following conditions:
1. That this use be classified as a "Moved-in Building" to be used as a detached garage
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 February 7,
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 (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, if required, prior to commencement of construction.
8. That the developer shall ensure that the property is maintained to the satisfaction of the
Development Officer.
9. That the developer shall ensure that construction materials, supplies and equipment are
stored on the property and not on the public roadway.
10. That the developer shall ensure the continuous clean-up of construction debris tracked
onto the public roadway where access is provided to the property.
11. That the developer shall ensure that the following minimum yard set-backs are
maintained for this development:
Front Side Rear Flankage
*40 m 3 m 3 m *40 m
*From the centre of the County road or Secondary Highway to the foundation of the
building.
February 27, 2001 Page 15
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12. That this approval is granted only for the development of the relocation of a building
to be utilized as a detached garage as shown in Development Application #2187 to
''` within Plan 8111799 Block A, within the NE 10-20-14-W4M. All other development
shall require separate applications and approvals.
13. That the developer shall ensure the moved-in building is placed on an appropriate
foundation within six months following the date of approval.
14. 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 $3,000 so that, in the
event the development is not placed on an appropriate foundation 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 prior to June 2, 2001. 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.
15. 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.
16. That the developer shall ensure that new siding is installed on the face of the building
as well as ensuring a new entrance to the detached garage is constructed with new
materials. The siding on the detached garage shall be the same or similar in style,
material and colour as that found on the existing modular home.
17. That the developer shall ensure the relocation of the building and renovations are
completed prior to April 1, 2002.
Carried.
6. Permit #2188 - N '/2 Lot 4 Block 6 Plan 5280 FK - Div. 1 -Hamlet of Rolling Hills
Cordes. Leigh & Nicole -Moved-in building for use as a single family residence
Nicole Cordes was in attendance at the meeting to present information on this application.
Moved by J. Doerksen that we approve Development Application #2188 for amoved-in
building for use as a single family residence 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 February 8,
2001. Any changes to that plan shall require the written approval of the Development
Officer.
S. 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.
February 27, 2001 Page 16
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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 #2188 to within the N %i of Lot
4 Block 6 Plan 5280 FK. 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 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 $5,000 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 prior to June 2, 2001. 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.
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 new windows are installed in the original building
and are constructed with new materials.
20. That, if necessary, the developer shall enter into a Road Approach Agreement with the
municipality if the approach needs to be improved from the lane. The applicant will
confirm with the Public Works Department if the existing approach maybe utilized or
if it needs to be up-graded. If the approach needs to be up-graded, or if a new approach
is required, it shall be constructed to the standards of the municipality.
21. That the applicant shall provide to the Development Officer a letter from an engineer
qualified to review and design preserved wood foundations certifying the design is
suitable for the proposed building.
22. That the developer shall ensure the relocation of the building and renovations are
completed prior to April 1, 2002.
Carried.
February 27, 2001
Page 17
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11. Development Report -February 1, 2001 to February 21, 2001
r' The Development Report for February 1, 2001 to February 21, 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 29-18-14-W4M
A letter from the Town of Brooks regarding a Subdivision Application in the SE 29-18-14-
W4M was presented to the Commission as information. The Town will be advised that we
have no objections to this subdivision.
2. Town of Brooks -Subdivision Application - SW 32-18-14-W4M
A letter from the Town of Brooks regarding a Subdivision Application in the SW 32-18-14-
W4M was presented to the Commission as information. The Town will be advised that we
have no objections to this subdivision.
13. Other Business
1. Response to Town of Brooks
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A copy of our reply to the Town of Brooks regarding the Subdivision Application for SE 4-
19-14-W4M, which was considered at the February 7, 2001 M.P.C. Meeting, was presented
to the Commission.
14. Land Use Changes
There were no Land Use Changes.
15. Post Agenda Items
1. Land Use Change - OF -Urban Fringe to CR2 -Country Residential 2
Lavern & Eileen Klassen/Gordon Grove -Brian Reinboldt (applicant)
Plan 9711815 Blocks 1 & 2 Pt. (1VE 31-20-14-W4M)
This application was deferred to the next M.P.C. Meeting so that further information
regarding the proximity of an existing livestock operation could be obtained.
Lunch & Site Inspection
The Commission recessed for lunch at 12:00 noon followed by a site inspection for
Development Permit Applications #2061, #2184 & #2186. The meeting reconvened at 1:45
p.m.
February 27, 2001
Page 18
Development Permits (Cont.)
1. Permit #2061 -Plan 8310003 Block 8 Lot 3 -Div. 10 -Brooks Asphalt & Aggregate
Operation of Portable Asphalt Plant -Renewal of Permit (Cont'd.)
Vote on the postponed motion -Carried.
2. Subdivision Ol NL 010 -Plan 9711815 Blocks 1 & 2 Pt. (NE 31-20-14-W4M)
Division 8 -Lavern & Eileen Klassen/Gordon Grove -Brian Reinboldt (applicant)
Review of Subdivision Application O1 NL 010 was deferred until the next M.P.C. Meeting
so that further information regarding this application could be obtained.
3. Subdivision O1 NL 009 - Pt. NE 9-21-16-W4M -Division 7
Karl & Frieda Re~ehr -Farmstead Separation
Moved by J. Doerksen that we recommend to Council approval of Subdivision Application
O1 NL 009 for farmstead separation in Pt. NE 9-21-16-W4M subject to the following
conditions:
1. The registration of a caveat for the dedication of property along the northerly boundary
of the subject parcel for future road widening to be purchased at a rate that is consistent
with County Policy at that time.
2. The applicant meeting all requirements of the Eastern Irrigation District with respect
to the conveyance of water as well as easements including, if necessary, entering into
a water agreement for household purposes.
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 franchise utilities with any required easements for the provision
of services. The applicant will also be responsible for the costs associated with any
required installation, modification or relocation of services.
5. The applicant entering into an agreement with the County of Newell for the installation
of any required accesses for the proposed and remnant parcels.
Carried.
16. Question Period/Notice of Motion
A question period was held.
17. Adiourn
Moved by Councillor Steinbach that the meeting adjourn at 2:00 p.m. Carried.
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CHAIRMAN
Gu~'
ADMII~TISTRATOR
February 27, 2001 Page 19