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
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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
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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
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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
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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
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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:
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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
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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
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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
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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