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HomeMy WebLinkAbout2001-06-26 Municipal Planning Commission (Regular) Minutes County of Newell No. 4 Minutes of Municipal Planning Commission Meeting "" June 26, 2001 The regular Municipal Planning Commission Meeting of the County of Newell No.4 was held in the County Office at Brooks, AB on Tuesday, June 26, 2001 commencing at 10:00 a.m. Members Present Chairman C. Baksa Councillor C. Vermeeren 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 ,~.. Moved by Councillor Vermeeren that Councillor Steinbach be excused from this meeting. Carried. 3. Minutes Minutes of the May 29, 2001 meeting were presented to the Commission. Moved by Councillor Vermeeren that we adopt these minutes corrected. Carried. 4. Call for Post Agenda Items The Chairman called for post agenda items. 5. Adoption of A eg nda Moved by J. Doerksen that the agenda be adopted as amended. Carved. June 26, 2001 Page 56 l.~` 6. Business from Minutes 10-1 O1 NL 008 - SW 4-21-15-W4M -Division 7 Dyck, Heinz -Farmstead Subdivision The Planner updated the Commission on the status of this application. Councillor Vermeeren requested that we vote on the following postponed motion: "Moved by Councillor Steinbach that we recommend to Council that this subdivision be denied." Defeated. Moved by Councillor Vermeeren that we recommend to Council approval of Subdivision O1 NL 008 for a farmstead subdivision within the SW 4-21-15-W4, granting a waiver of Section 49.6(1) of the land use by-law to accommodate the proposed 5 ha (12 acres) parcel proposed by the applicant, and subject to the following conditions: 1. The applicant providing road dedication in the form of a caveat fora 10 m strip of land along the southerly boundary of the remnant parcel. 2. The applicant paying any and all outstanding taxes plus penalties prior to endorsement of the subdivision plan by the municipality. 3. A single family residence being constructed on the proposed parcel in compliance with Development Permit #2127 issued by the municipality in October 1999 prior to endorsement of the subdivision plan. 4. The applicant providing easements and/or entering into a household purposes agreement with the Eastern Irrigation District for the conveyance of water to the proposed parcel as well as terminating any irrigable water rights contained within the subject parcel. 5. All Oil and gas company instruments being carved forward when the subdivision plan is registered at Land Titles Office. 6. The applicant providing easements for existing franchise utility services as well as being responsible for the costs associated with the removal, installation or modification of facilities to service the proposed and remnant parcels. 7. The single family residence being habitable prior to the endorsement of the subdivision plan. Carried. 15-2 Subdivision O1 NL 010 -Plan 9711815, Blocks 1 & 2 (Pt. NE 31-20-14-W4) Lavern & Eileen Klassen/Gordon Grove -Brian Reinboldt (applicant) Residential Subdivision -Division 8 Moved by Councillor Vermeeren that we recommend to Council approval of Subdivision Application O1 NL O10 for a Country Residential Subdivision within Plan 9711815, Blocks 1 & 2 (Pt. NE 31-20-14-W4) subject to the following conditions: 1. The applicant entering into a development agreement for the construction of an access road and approaches to the proposed parcels. This development agreement may also include provision for franchise utilities and other matters as provided under Section 655 of the Municipal Government Act. All costs associated with the preparation and registration of the agreement shall be the responsibility of the applicant. June 26, 2001 Page 57 ~~ 2. The applicant, if required by PanCanadian, redesigning the subdivision to the satisfaction of PanCanadian Petroleum to accommodate a well site currently existing within one of the proposed parcels. 3. The applicant ensuring the subdivision's design satisfies the setback requirements of the Subdivision and Development Regulation for former disposal sites to allow a building envelope within proposed Lot 4. 4. The applicant providing municipal reserve in the form ofcash-in-lieu. The amount will be determined at the time of endorsement by the municipality. The applicant may provide an appraisal conducted by a certified professional to determine market value of land. 5. The applicant forming a homeowners association to be responsible for ongoing maintenance of irrigation lines or other matters prior to the endorsement of the subdivision to be registered on title. 6. The applicant entering into an agreement with the Eastern Irrigation District for household purposes agreements for each of the lots to be created in the subdivision proposal as well as an easement for the provision of water to the proposed lots. 7. The applicant providing franchise utility easements for provision of facilities as well as being responsible for all costs associated with the installation, modification or upgrading of utilities to service the proposed lots. 8. All oil and gas company instruments registered on title being carried forward when the subdivision is registered at Land Titles Office. PanCanadian may require a separate lot for its well site within the proposed Lot 2. 9. The subdivision consisting of no more than four residential lots. Carried. 11-1 O1 NL 019 -Plan 9411167, Block 3 -Division 5 Shergill Construction Ltd. -Residential Subdivision The Planner reported that County Council has requested that an Area Structure Plan for the Lake Newell Resort Lands and that the Developer submit an Area Structure Plan for Block 3, Plan 9411167. 14-3 District of Pitt Meadows Agricultural Plan This document will be liven to Council for review at a Workshop Session. June 26, 2001 Page 58 L~ 7-2 Permit #2211 - Pt. NE 26-19-14-W4 -Division 10 Alberts Farms Ltd. -Intensive Livestock Operation - 30,000 Head Beef Feedlot In addition to the applicant, Don Alberts, and two A.S.B. employees, there were ten members of the public in attendance for this item. The Agricultural Fieldman, Steve Wylie, and A.S.B. employee, Conny Tomas, were in attendance to give a presentation with regard to the Code of Practice, soil types and manure management as it relates to this application. The Planner, Gord Shaw, presented his report. Mr. Alberts presented information on this application. John Fitchar, Manager, Testing and Geotechnical Services for UMA Engineering Ltd. was in attendance to present information on the seasonal highwater table. As there was to be a delegation later in this meeting with regard to this application, no decision was made at this time. 7. Development Permits 1. Permit #2221 -Plan 7711364, Block A, Lot (Pt. W '/z 18-18-13-W4) The Canadian Pheasant Company -Trap Shootin Fg acility -Division 2 Ed Houck, of the Canadian Pheasant Company, was in attendance to present information on this application. Moved by Councillor Vermeeren that we approve Development Application #2221 to construct a trap shooting range with the associated facilities within Plan 7711364, Block A, Lot 1 being the W 'h 18-18-13-W4 subject to the following conditions: 1. This development being classified as a "Trap Shooting Range with Associated Facilities" being a discretionary use within the OF -Urban Fringe District. This use is approved by the Municipal Planning Commission under the provision of "other uses of a similar nature as approved by the Municipal Planning Commission". 2. This use complying with all Federal, Provincial and Municipal statutes, regulations, codes and standards. 3. This use complying with the provisions of Section 50 of Land Use Bylaw #1004-90 pertaining to the OF -Urban Fringe District. 4. The development being located as shown on the site plan submitted May 10, 2001. Any changes to that plan shall require the written approval of the Development Officer. 5. This use complying with the Alberta Building code, where applicable. 6. The developer obtaining all required permits (i.e. building, plumbing, heating, ventilation and gas) from an accredited inspection agency. 7. The developer providing, to the Development Officer, a copy of the building permit for the relocation of the buildings onto this site prior to the relocation of these buildings and construction of the trap shooting range. 8. The developer ensuring an adequate supply of water is provided for this use. 9. The developer ensuring proper disposal of sewage and waste from this use. 10. The developer ensuring that the property is maintained to the satisfaction of the Development Officer. 11. The developer ensuring that construction materials, supplies and equipment are stored on the property. June 26, 2001 Page 59 C~ 12. The developer ensuring that the following minimum yard setbacks are maintained for this development: Front Side Flankage Rear *40 m 3 m *40 m 3 m *From centre line of any roadway allowance or secondary highway. 13. The developer entering into a road approach agreement with the County of Newell to construct an approach to Plan 7711364, Block A, Lot 1 within the W'/z 18-18-13- W4 if an alternative access to the trap shooting range is to be constructed. Any approach shall be to the satisfaction of the Public Works Department. There shall be only one approach in this area of the quarter section as per Section 43 of Land Use Bylaw # 1004-90 which specifies that not more than 2 approaches per half mile shall be permitted. 14. The developer ensuring the continuous clean-up of construction debris tracked onto the public roadway where access is provided to the property. 15. The development approval being given only for the construction of a trap shooting facility with associated facilities within Plan 7711364, Block A, Lot 1 being the W %z 18-18-13-W4. All other improvements shall require separate applications and approvals. 16. The developer ensuring this development satisfies the requirements of the Amateur Trap Shooting Associations's rules and regulations for such facilities. 17. The developer ensuring that security is provided to the municipality in the amount of $5,000.00 (five thousand dollars). The security shall take the form of an Irrevocable Letter of Credit, Certified Cheque, Cash or other form satisfactory to the municipality. This security shall be provided to the municipality prior to August 1, .- 2001, and be for a period of one year or whenever the buildings have been moved to the site and the municipality is satisfied that they are appropriately finished. Carried. Permit #2242 -Plan 8010251, Block 1, Lot 6 -Division 2 MacAulay, Alan & Jodi -Greenhouses Jodi MacAulay was in attendance to present information on this application. Moved by J. Doerksen that we approve Development Permit Application #2242 to relocate commercial greenhouses to the property legally described as Plan 8010251, Block 1, Lot 6 within the SW 35-17-14-W4 subject to the following conditions: 1. This use being classified as a "Greenhouse" being an accessory use to the residential use of the CR -Country Residential District. Approval for the greenhouse operation is granted by the Municipal Planning Commission at its June 29, 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. The developer shall ensure the proposed development does not become the primary use of the subject property. 2. This use complying with all Federal, Provincial and Municipal statutes, regulations, codes and standards. June 26, 2001 Page 60 G~ June 26, 2001 3. This use complying with the provisions of Section 51 of Land Use Bylaw #1004-90 pertaining to the CR -Country Residential District. 4. The development being located as shown on the site plan submitted by the developer on June 13, 2001. Any changes to that plan shall require the written approval of the Development Officer. 5. This use complying with the Alberta Building Code, where applicable. 6. The developer obtaining all required permits, (i.e., building, gas, electrical, plumbing, etc.) from an accredited inspection agency. 7. The developer providing, to the Development Officer, a copy of the building permit prior to the relocation of the greenhouses to Plan 8010251, Block 1, Lot 6. 8. The developer ensuring that the properly is maintained to the satisfaction of the Development Officer. 9. The developer ensuring that construction materials, supplies, equipment are stored on the property and not within the roadway. 10. The developer ensuring the continuous clean-up of construction debris tracked onto the public roadway where access is provided to the property. 11. The developer satisfying the minimum yard requirements of the Cr -Country Residential District as stipulated under Section 51.5 of Land Use By-law #1004-90, unless varied under this development approval: Front Side Flankage Rear 40m* 3.Om 40m 7.Sm *From the centre line of the County road. 12. This development approval being given only for the relocation of greenhouses to Plan 8010251, Block 1, Lot 6 being the SW 35-17-14-W4M. Any other development shall require a separate application and approval. Approval is granted provided only that the commercial activity does not become the dominant land use within this property. Should this occur, the development approval may be: revoked by the Municipal Planning Commission or additional conditions imposed on the development permit. 13. The developer ensuring that all drainage shall be directed onto the property and not onto adjacent properties. 14. An inspection of the greenhouses being conducted by the Development Officer within one year of the approval of this development application. The applicant shall contact the Development Officer prior to July 1, 2002 to inspect the operation of the greenhouses. 15. Any signage for the greenhouse operation being less than lmZ and located in a discrete location on the residence or other suitable buildings on the property. Carried. 3. Permit #2232 - Pt. NW 23-20-17-W4 -Division 6 Canadian Tower -Telecommunications Tower Moved by Councillor Vermeeren that we approve Development Permit Application #2232 to construct a telecommunications tower within the NW 23-20-17-W4 subject to the following conditions: Page 61 c ~, 1. This use being classified as a "Telecommunications Tower" being a discretionary use within the A -Agricultural 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. This use complying with all Federal, Provincial and Municipal statutes, regulations, codes and standards. 3. This use complying with the provisions of Section 49 of Land Use By-law # 1004-90 pertaining to the A -Agricultural District. 4. The development being located as shown on the site plan submitted May 25, 2001. Any changes to that plan shall require the written approval of the Development Officer. 5. This permit only being for the construction of a telecommunications tower and ancillary building within Pt. NW 23-20-17-W4M. Any additional development shall require a separate development permit application and approval. 6. This use complying with the Alberta Building Code, where applicable. 7. The developer being responsible for obtaining all required permits (i.e., building, electrical, plumbing, heating and ventilation) from an accredited inspection agency. 8. The developer providing, to the Development Officer, a copy of the building permit, if required, prior to the commencement of construction. 9. The developer ensuring that the tower and ancillary building are located a minimum distance of 40 m from the centre line of the adjacent County road. 10. The developer obtaining 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. The developer ensuring that the property is maintained to the satisfaction of the Development Officer. 12. The developer ensuring that construction materials, supplies and equipment are stored on the property. 13. The developer ensuring the continuous clean-up of construction debris tracked onto the public roadway where access is provided to the property. 14. The developer ensuring that suitable fencing is provided to prevent unauthorized entry into the ancillary building and communication tower. 15. The developer shall enter into a road approach agreement with the County of Newell for the installation of an approach to the NW 23-20-17-W4M and construct an approach 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. 16. The developer ensuring the construction of the microwave tower within the Pt. NW 23-20-17-W4M does not impede access into other areas of the quarter within the subject property. 17. The developer ensuring 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. June 26, 2001 Page 62 ~~ 18. The developer obtaining a development permit from Alberta Transportation as this property is located within the area under its jurisdiction for primary highways. A copy of this approval shall be provided to the municipality prior to the development commencing. Carried. 8. Council Report Chairman Baksa gave this report. 9. Home Occupation Permits There were no Home Occupation Permit applications. 10. Subdivisions There were no subdivision applications. 11. Development Report - May 24 2001 to June 20, 2001 The Development Report for May 24, 2001 to June 20, 2001 was presented to the Commission. Moved by B. McKellar that we approve this report. Carried. Lunch The Commission recessed for lunch from 12:00 noon to 1:15 p.m. 12. Land Use Changes 1. Boyd, Dennis & Gray, Warren -Plan 9612460, Block 2, Lots 1 & 2 (Pt. NW 3-19-14-W4) -Division 10 CR -Country Residential District - CR2 -Country Residential District 2 Dennis Boyd and Shauna Gray were in attendance to present information on this land use amendment application. Moved by J. Doerksen that we recommend to Council that consideration be given to first reading of a bylaw to amend the land use zoning of Plan 9612460, Block 2, Lots 1 and 2 from CR -Country Residential District to CR2 -Country Residential 2. Carried. June 26, 2001 Page 63 G~ 13. Correspondence '' 1. Responses to Town of Brooks The Planner presented, to the Commission, his responses to requests from the Town of Brooks for input on land use amendments and subdivision applications. Development Permits (cont'd) 3. Bandura, Marshall & Kathy - Pt. SW 25-18-15-W4 -Division OF -Urban Fringe District to I -Industrial District Marshall and Kathy Bandura were in attendance to present information on this land use amendment application. Moved by J. Doerksen that we recommend to County that consideration be given to a bylaw adopting a new land use district described as direct control and designate a portion of Pt. SW 25-18-15-W4 as shown in Schedule A of the draft bylaw as DC -Direct Control District with the associate conditions as outlined in the draft bylaw. Carried. 14. Other Business 1. Armstrong George -Stop Work Order - NW 9-21-18-W4 -Division 6 George Armstrong and Bob Armstrong were in attendance to request that the Stop Work Order be lifted. George Armstrong read a letter from the Town of Bassano stating that they had no objection to these renovations. They were informed that the Municipal Planning Commission does not have the authority to remove a Stop Work Order. The Planner advised them that they should meet with him to go over their plans for their improvements. 2. Compliance Request -Plan 8010286, Block 1, Lot 1 -Division 8 (Pt. SE 36-20-15-W4) Kay & Riggins Moved by Councillor Vermeeren that we grant a variance to the rear yard setback requirement of 1.77 m (5.81 ft.) and 1.88 m (6.17 ft) for Plan 8010286, Block 1, Lot 1 to allow a building to remain as constructed 5.62 m from the property line. Carved. June 26, 2001 Page 64 15. Post Agenda Items 1. Town of Brooks -Development Application #2211 -Alberts Farms Ltd. Mayor Don Weisbeck and 11 members of the public were in attendance for this, and the next two, items. Mayor Don Weisbeck, on behalf of the Town of Brooks, was in attendance to go on record as opposing the proposed intensive livestock feedlot operation proposed in the NE and NW 26-19-14-W4 and the SE 35-19-14-W4. 2. Martin, Dean - Pt. NW 19-18-W4 -Division 5 OF -Urban Fringe District to I -Industrial District Dean Martin was in attendance to present information on this application. This item was referred to the next meeting of the Commission. Business from Minutes (cont'd) 7-2 Permit #2211 - Pt. NE 26-19-14-W4 -Division 10 Alberts Farms Ltd. -Intensive Livestock Operation - 30,000 Head Beef Feedlot Moved by Councillor Vermeeren that we hold a special Municipal Planning Commission meeting on July 4~' at 10:00 a.m. to allow the Commission time to examine the information received at the June 25"' public meeting, submissions from interested parties as well as information received at this meeting. Carried. Post Agenda Items (cont'd) 4. Town of Brooks -Subdivision Application 2001 SUB 06 Plan 9711864 Block 5. Lots 45 to 48 A letter from the Town of Brooks, with regard to Subdivision Application 2001 SUB 06, was presented to the Commission. The Planner was given direction to respond to the Town of Brooks that we have no objection to this subdivision. 5. Town of Brooks -Land Use Amendment - 2001 LUB 06 Plan 9711864. Block 5. Lots 45 to 48 A letter from the Town ofBrooks, with regard to Land Use Amendment Application 2001 LUB 06, was presented to the Commission. The Planner was given direction to respond to the Town of Brooks that we have no objection to this land use amendment. June 26, 2001 Page 65 G~ 6. Town ofBrooks -Land Use Amendment 2001 LUB 03 A letter from the Town of Brooks, with regard to Land Use Amendment Application 2001 LUB 03, was presented to the Commission. The Planner was given direction to respond to the Town of Brooks that we have no objection to this land use amendment. 7. Town of Brooks -Subdivision Application 2001 SUB 07 Plan 2342 GO. South 280 Feet of Block W A letter from the Town ofBrooks, with regard to Subdivision Application 2001 SUB 07, was presented to the Commission. The Planner was given direction to respond to the Town of Brooks that we have no objection to this subdivision. The Planner will draft a policy for the Commission's review regarding which Town of Brooks applications are to be brought to the Municipal Planning Commission for approval and which ones the Planner can deal with directly. 8. Permit #2246 - Pt. NW 24-16-15-W4 -Division 4 Rainier Community Hall/Club -Addition to Hall and Variance to Land Use Bylaw Moved by J. Doerksen that we approve Development Permit Application Permit #2246 r for an addition to the Rainier Community Hall within a Pt. NW 24-16-15-W4 granting a variance of 22.5 m to allow the addition to be sited as shown on the plans submitted June 25, 2001 and subject to the following conditions: 1. This use being classified as an "Addition" being a discretionary use within the PS - Public/Semi-Public Open Space District. The Municipal Planning Commission grants a variance to allow the addition to be constructed as shown on the site plans provided to the municipality June 25, 2001. The Planning Commission deems that this proposal will not materially affect the value or enjoyment of other properties in the area by granting approval to it. 2. This use complying with all Federal, Provincial and Municipal statutes, regulations, codes and standards. 3. This use complying with the provisions of Section 65 of Land Use Bylaw #1004-90 pertaining to the Public/Semi Public Open Space District. 4. The development being located as shown on the site plan submitted June 25, 2001. Any changes to that plan shall require the written approval of the Development Officer. ~. This permit being for the construction of an addition to the existing community hall within the NW 24-16-15-W4M. The addition is to be constructed on site. This permit is not valid for amoved-in building to be used as a part of the addition. Any additional development shall require a separate development permit application and approval. 6. This use complying with the Alberta Building Code, where applicable. June 26, 2001 Page 66 7. The developer being responsible for obtaining all required permits (i.e., building, electrical, plumbing, heating and ventilation) from an accredited inspection agency. 8. The developer providing, to the Development Officer, a copy of the building permit obtained from one of the accredited inspection agencies prior to the commencement of construction of the addition. 9. The developer ensuring that the proposed development complies with the following minimum setback requirements or as varied by the Municipal Planning Commission at its June 26, 2001, meeting. A variance of 22.5 m is granted to allow the addition to be sited as shown on the plans submitted June 25, 2001.: Front Side Flankage Rear *22.5 m 3 m *22.5 m 7.S m *Minimum yard distance from subdivision streets or service roads. In areas where a lot abuts to a public roadway, the distance shall be a minimum of 40 m from the centre of the roadway. 10. The developer ensuring that the property is maintained to the satisfaction of the Development Officer. 11. The developer ensuring that construction materials, supplies and equipment are stored on the property. 12. The developer ensuring the continuous clean-up of construction debris tracked onto the public roadway where access is provided to the property. 13. The developer ensuring the addition is sided in the same or similar material as the existing community hall. 14. The developer contacting Alberta Transportation (Mr. John Thomas, Lethbridge Regional Office, 381-5466) to determine if development approval is required from this Provincial agency as the proposed addition is located adjacent to a secondary highway. If development approval is required from Alberta Transportation, a copy of the development approval shall be provided to the Development Officer prior to the commencement of construction of the addition. Carried. 16. question Period/Notice of Motion A question period was held. 17. Adjourn Moved by Councillor Vermeeren that the meeting adjourn at 3:35 p.m. Carried. CHAIRMA r ADMINISTRATOR June 26, 2001 Page 67