HomeMy WebLinkAbout2001-09-25 Municipal Planning Commission (Regular) MinutesC C7
County of Newell No. 4
Minutes of Municipal Planning Commission Meeting
September 25, 2001
The regular Municipal Planning Commission Meeting of the County ofNewell No. 4 was
held in the County Office at Brooks, AB on Tuesday, September 25, 2001 commencing
at 10:00 a.m.
Members Present Chairman C. Baksa
" Councillors C. Vermeeren
M. Douglass
Representatives J. Doerksen
B. M`Kellar
Contract Planner P. Maloney
Administrator A. Martens
Recording Secretary P. Garrett
1. Call to Order
The Chairman called the meeting to order.
.-- 2. Excused from Meeting
All members were in attendance at this meeting.
3. Minutes
a) August 28, 2001
Minutes of the August 28, 2001 meeting were presented to the Commission. Moved by
Councillor Vermeeren that we adopt these minutes as corrected. Carried.
b) August 30, 2001
Minutes of the August 30, 2001 meeting were presented to the Commission. Moved by
Councillor Douglass that we adopt these minutes as presented. Carried.
4. Call for Post Agenda Items
The Chairman called for post agenda items.
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Adoption of Agenda
Moved by Councillor Vermeeren that the agenda be adopted as amended. Carried.
6. Business from Minutes
11-1 Subdivision Application O1 NL 019 -Plan 9411167, Block 3
Shergill Construction Ltd. -Division 5
There was no further information on this item.
Proposed Policy - RE: Town of Brooks Request for Input on Development
Contract Planner P. Maloney presented a report on Urban Referrals to the County for the
Commission's review. This item was referred to the October Municipal Planning
Commission meeting.
7-1 Permit #2248 - W %2 18-18-13-W4 -Division 2
The Canadian Pheasant Company Intensive Livestock Operation
Moved by Councillor Vermeeren that we lift the following motion from the table: Moved
by J. Doerksen that we approve Development Permit Application #2248 for an Intensive
Livestock Operation for raising pheasants subject to the following conditions:
1. This use being classified as an `Intensive Livestock Operation" being a
discretionary use within the A- Agricultural District.
2. This use complying with all Federal, Provincial and Municipal statutes, regulations,
codes and standards.
3. Theproposed developmentshall be located as shown on thesiteplan submittedJune
27, 2001. Any change to this site plan after approval has been given by the
Municipal Planning Commission shall require written authorization from the
Development Off cer.
4. This approval being valid for aring-necked pheasant hatchery with a capacity of
100, D00 pheasants 8 weeks or older. The operator shall provide written evidence
that this number is in compliance when requested by the Development Oj~cer. At
no time shall more than 100, 000 pheasants 8 weeks or older be confined within this
development at one time. Any increase over the approved total shall require a
separate development permit application and approval.
S. The operator ensuring access to 114 ha (281 acres) of cultivated cropped dryland
or 57 ha (141 acres) of irrigated cultivated land. The developer shall initiate a
manure nutrient management program which will ensure that the soil nutrient levels
in the land base are monitored and not allowed to become excessive. The developer
shall also ensure that the above number of hectares are made available throughout
the time this operation is in existence. If this cannot be provided, the operator shall
be responsible for obtaining written agreements from land owners who can provide
September 25, 2001 Page 113
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suitable land for manure application. A copy of this agreement shall be provided to
the Development Officer. Such agreement shall be subject to the Code of Practice.
r--- The land base shall be fully utilized. A copy of any land agreements required to
dispose of manure from this operation shall be forwarded to the Development
Officer prior to September 1, 2001.
6. The manure being incorporated into the soil within 48 hours of application and
follow the Code of Practice unless as otherwise provided in the Code. No manure
shall be applied over frozen orsnow-covered soils. Due concern and consideration
shall be exercised when spreading manure on lands near neighbouring residences
by maintaining an adequate separation distance.
7. The applicant providing, to the Development Officer's satisfaction, a manure
management plan which includes the following:
• Volumes of manure produced on an annual basis;
• A cropping plan with expectations of amounts of nutrients to be utilized;
• Amount of owned lands available for manure utilization;
• Number of acres required;
• Specific landowners willing to accept manure (f necessary);
• Location of owned and non-owned lands where manure spreading will occur (if
necessary);
• Commitment to follow the Code of Practice in regard to the spreading of
manure from both the applicants and additional land owners (if required).
Due care and consideration shall be utilized when spreading manure on lands near
neighbouring residences by maintaining adequate separation distance. All
waterways on lands utilized for manure spreading should be protected from
,~.. contamination by manure and/or run offfrom manure by maintaining an adequate
separation distance from these areas. The separation distance will be dependent on
the soil, slope and management practices on the land. It is recommended, however,
that a distance of not less than 30 m (100 ft) shall be utilized when manure is
applied to land where open bodies of water or wells occur.
8. The operator providing a written record annually, to the Development Oj~cer, on
a date which is mutually agreeable between both, which contains the following:
1. The legal land location of each field on which manure is applied;
2. Size of each field;
3. Date when the manure from the operation was applied;
4. Volume or weight of manure applied to each field; and,
S. Results of soil sampling of land prior to applying manure.
9. All surface water drainage from the proposed site being contained on the subject
property and being prevented from contaminating surface or ground water. Any
surface run offfrom the proposed facility which may come into contact with manure
shall be contained and prevented from contaminating surface or ground water.
10. The developer ensuring that any water which is to be used in this development is
licenced under the terms of the Water Act administered by Alberta Environment
unless otherwise provided by the Town of Brooks. Where water is required from
the Eastern Irrigation District, the developer shall be responsible to enter into a
household purposes agreement unless the amount required exceeds the limit
outlined in the Irrigation Districts Act for household purposes. If this occurs, the
developer shall apply for a water diversion license with Alberta Environment.
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September 25, 2001 Page 114
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11. The applicant ensuring that the proposed configuration of the ILO operation will
satisfy the requirements for Category 1 and 2 of the Minimum Distance Separation.
The MDS requirement fora 100, 000 pheasant hatchery for Category 1 is 170 m
(558 ft) and Category 2, 226 m (741 ft). The applicant shall be required to provide
written evidence to the satisfaction of the municipality which demonstrates that the
MDS requirement is satisfied with the proposed configuration.
12. The developer undertaking a soil sampling program to be completed prior to April
30, 2002 within the flight pens to review soil fertility levels. At a minimum Nitrate -
N levels will be sampled from the 0 -1 S cm soil horizon, the 1 S -30 cm soil horizon
and the 30 -60 cm soil horizon. The sampling program shall be to the satisfaction
of Alberta Agriculture, Food and Rural Development. The developer shall be
responsible for meeting with Alberta Agriculture staff prior to November 1, 2001,
to discuss the sampling program and requirements under that program.
The developer shall ensure the manure is stockpiled in a manner which ensures
that the same short-term solid manure storage site is not utilized more than six
months every three years. Any solid manure storage site shall be located and
operated in accordance with Section 2.2 (Solid Manure -Short-Term Manure
Storage) of the Code of Practice.
The developer shall ensure litter is removed promptly from barns after every
flock. All barns and equipment shall be washed and disinfected after every flock.
The developer shall ensure all water leaks are promptly corrected. The developer
shall ensure that the barn ventilation system is properly operated and maintained.
13. The developer continuing to incinerate as a method of dead animal disposal. The
incinerator shall be maintained in excellent operating condition. The developer
shall ensure that all unburnable material is to be properly stored and disposed of
in an acceptable manner.
14. The developer ensuring that on site manure storage within the pheasant barns is
maintained to ensure no leaching occurs either into surface water orground water.
The cement floor in the pheasant barns shall be maintained on an ongoing basis to
ensure no leaching of manure run off into surface water or ground water.
1 S. The developer ensuring that liquid manure is stored within the existing lagoons. If
improvements are required to these lagoons, an engineer shall be responsible for
reviewing and cert~ing the design and construction of a new lagoon. A completion
certificate shall be prepared by a licenced engineer certified in that discipline.
16. This use conforming to Section 49 of County of Newell Land Use Bylaw #1004-90
being the A -Agricultural District.
17. All structures and buildings being located a minimum of 40 m from the centre line
of the County road.
18. The developer ensuring the property is maintained to the satisfaction of the
Development Officer.
19. The developer arranging, within one year from the date of approval, a site review
by the County ofNewell, Alberta Agriculture and PalliserHealth Authority to assess
completion and compliance status of the development."
Carried. Moved by Councillor Douglass that we postpone voting on this motion until after
the next item. Carried.
September 25, 2001
Page 115
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7. Development Permits
''~ 1. Permit #2279 - Pt. NW 2-15-13-W4 -Division 1
Cook, Gord & Christine -Intensive Livestock Expansion
Gord Cook was in attendance to present information on this application. Moved by
Councillor Douglass that we approve Development Permit Application #2279 for an
intensive livestock expansion in a portion of the NW 2-15-13-W4 subject to the following
conditions:
1. This use being classified as an "Intensive Livestock Operation" being a discretionary
use within the A -Agricultural District.
2. This use complying with all Federal, Provincial and Municipal statutes, regulations,
codes and standards, particularly the 2000 Code of Practice.
3. The proposed development being located as shown on the site plan submitted
August 28, 2001. Any change to this site plan, after approval has been given by the
Municipal Planning Commission, shall require written authorization from the
Development Officer.
4. This approval being valid for a beef feedlot with a total up to 4,000 head.
5. The existing 2,000 head operation, in the NW 2-15-13-W4, was approved in 1998.
The conditions for that portion of the operation remain in effect.
6. The operator ensuring access to 160 ha (396 acres) of irrigated land. The developer
shall initiate a manure nutrient management program which will ensure that the soil
nutrient levels in the land base are monitored and not allowed to become excessive.
The developer shall also ensure that the above number of hectares are made
available throughout the time this operation is in existence. If this cannot be
provided, the operator shall be responsible for obtaining written agreements from
land owners who can provide suitable land for manure application. A copy of this
agreement shall be provided to the Development Officer. Such agreement shall be
subject to the Code of Practice. The land base shall be fully utilized.
7. Manure being incorporated into the soil within 48 hours of application and follow
the code of Practice unless as otherwise provided in the Code. No manure shall be
applied over frozen or snow-covered soils. Due concern and consideration shall be
exercised when spreading manure on land near neighbouring residences by
maintaining an adequate separation distance.
8. The applicant shall provide to the Development Officer's satisfaction a manure
management plan which includes the following:
• Volumes of manure produced on an annual basis;
• A cropping plan with expectations of amounts of nutrients to be utilized;
• Amount of owned lands available for manure utilization;
• Number of acres required;
• Specific landowners willing to accept manure (if necessary);
• Location of owned and non-owned lands where manure spreading will occur (if
necessary);
• Commitment to follow the Code ofPractice in regard to the spreading ofmanure
• from both the applicants and additional land owners (if required).
September 25, 2001 Page 116
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Due care and consideration shall be utilized when spreading manure on lands near
neighbouring residences by maintaining adequate separation distance. All
waterways on lands utilized for manure spreading should be protected from
contamination by manure and/or run off from manure by maintaining an adequate
separation distance from these areas. The separation distance will be dependent on
the soil, slope and management practices on the land. It is recommended, however,
that a distance ofnot less than 30 m (100 ft) shall be utilized when manure is applied
to land where open bodies of water or wells occur.
9. The operator providing a written record annually to the Development Officer on a
date which is mutually agreeable between both, which contains the following:
1. The legal land location of each field on which manure is applied;
2. Size of each field;
3. Date when the manure from the operation was applied;
4. Volume or weight of manure applied to each field; and
5. Results of soil sampling of land prior to applying manure.
10. The developer ensuring that no manure is spread or transported from this site in the
time period May 15 to September 15 of each calendar year.
11. Manure must not be applied within 30 metres of open bodies of water or wells and
should be applied to the land when it is least likely to cause odour impacts.
12. All surface water drainage from the proposed site must be contained on the subject
property and be prevented from contaminating surface or ground water. Any surface
run off from the proposed facility which may come into contact with manure shall
be contained and prevented from contaminating surface or ground water. In order
to achieve this, it is recommended that, where necessary, earthern berms be
constructed to divert surface run offwater away from the facilities and divert run off
which maybe contaminated into the manure storage lagoons.
13. The developer ensuring that any water which is to be used in this development is
licenced under the terms of the Water Act administered by Alberta Enviromnent.
14. The developer ensuring that the construction of permanent facilities does not
encroach onto Eastern Irrigation Districtrights-of--way and that the location of such
facilities does not impede or endanger the District's ability to perform its activities.
The developer must also ensure that manure and waste products are not discharged
into the works of the District.
15. The applicant ensuring that the proposed configuration of the feedlot will satisfy the
requirements for Category 1 of the Minimum Distance Separation. The MDS
requirement fora 4,000 head feedlot for Category 1 is 506 metres (1,663 ft).
16. The developer ensuring all surface water originating within the feedlot pens and
animal holding areas must be contained within an acceptable containment structure
(catch basin).
The catch basin being located a minimum of 30 metres from any open water
body.
The bottom elevations of the catch basin being constructed a minimum of one
metre above the seasonal high water table. It is recommended that the volume of the
catch basin be a minimum of 5,780 m3. The design and construction of the run off
catch basin must be verified by a professional engineer to ensure that the standards
of the 2000 Code of Practice are met or exceeded.
September 25, 2001 Page 117 ~"
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17. A specific site being identified and maintained as an interim storage location for
dead animals. This site should be covered and have suitable drainage material to
'~ ensure proper drainage and be protected from predators. This location shall be
located a minimum of 40 metres from the centre line of a County road and a
minimum of 30 metres or more from the proposed feedlot. Dead disposal by
rendering truck is recommended.
18. The bottom elevation of the feedlot pens being constructed a minimum of one metre
above the seasonal high water table.
19. Positive drainage being provided within the feedlot and animal holding areas to
prevent the retention of surface water and manure run off. Drainage must be
directed to a catch basin.
20. Surface water originating outside of the feedlot being directed around the facility to
the satisfaction of Alberta Agriculture and the County of Newell.
21. The developer implementing and maintaining an adequate fly control program to the
satisfaction of Alberta Agriculture and the County of Newell.
22. The developer ensuring that on-site storage of manure occurs within the feedlot pens
only. Stockpiling of manure outside of the pen areas must be done only if
acceptable to Alberta Agriculture at an acceptable site with drainage control.
23. Short-term storage of manure on areas not properly constructed for long-term
storage (including stockpiling on fields for later spreading) are to adhere to the
following:
1. Only for a time period not exceeding six (6) consecutive months over a three
year period.
2. Be located at least 100 metres from any spring or water well.
,,,., 3. Be located at least 30 metres from an open body of water.
4. Be located at lease 1 metre above the seasonal high water table.
5. Be located to ensure run off does not enter an open body of water, or leave the
owner's property.
6. Be located so that surface water cannot enter the short-tenor manure storage
location.
24. The developer ensuring that a dust suppression measure is incorporated and
implemented in the design of the feedlot operation to minimize the transference of
cattle dust to adjacent or downwind landowners. This measure shall be the best
practicable technology available and be updated periodically to minimize nuisance
dust from this operation.
25. This use conforming to Section 49 of County of Newell Land Use Bylaw 1004-90
being the A-Agricultural District.
26. All structures and buildings shall be located a minimum of 40 m from the centre line
of the County road.
27. The developer ensuring the property is maintained to the satisfaction of the
Development Officer.
Moved by Councillor Vermeeren that we postpone this motion until after the Municipal
Planning Commission has conducted a site visit. Carried.
September 25, 2001 Page 118
~" Business from Minutes (cont'd)
7-1 Permit #2248 - W 'h 18-18-13-W4 -Division 2
The Canadian Pheasant Company Intensive Livestock Operation (cont'd)
Moved by Councillor Vermeeren that we amend the motion to approve Development
Permit #2248 such that it applies only to the land zoned agricultural and excludes land
zoned as Urban Fringe. Vote on amendment. Carried. Vote on amended motion.
Carried.
10-2 O1 NL 021 - Pt. NW 6-18-14-W4 -Division 5
Eastern Irrigation District -Commercial Subdivision
There was no further information on this item.
14-1 Mar, Whaley & Doug - Pt. NW & SW 22-18-15-W4 -Division 5
A- Agricultural District to I -Industrial District
There was no further information on this item.
Discussion was held on Home Occupation Permit # 114 which was approved at the August
28, 2001 meeting.
8. Council Report
Chairman Baksa gave a portion of this report.
Chairman Baksa declared a pecuniary interest in the remainder of the report and left the
Council Chambers. Vice-Chairman Doerksen assumed the chair.
Administrator Martens gave the remainder of the Council report.
Chairman Baksa returned to the Council Chambers and assumed the chair.
9. Home Occupation Permits
There were no home occupation permits.
September 25, 2001 Page 119
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10. Subdivisions
'""^ 1. O1 NL 029 - SW 21-20-14-W4 -Division 8
Trimmer. Robert & Myrna -Farmstead Separation
A discussion was held on Subdivision Application O1 NL 029.
Lunch
The Commission recessed for lunch from 12:00 noon to 1:15 p.m.
1. O1 NL 029 - SW 21-20-14-W4 -Division 8
Trimmer. Robert & Myrna -Farmstead Separation (cont'd)
Moved by B. McKellar that, due to the number of residences on the proposed parcel and
the intent to include farm buildings in the farmstead separation, we recommend to Council
that they deny Subdivision Application O1 NL 029 for a farmstead separation within the
SW 21-20-14-W4. Carried.
11. Development Report -July 26.2001 to August 22, 2001
r- The Development Report for August 23, 2001 to September 20, 2001 was presented to the
Commission. Moved by Councillor Vermeeren that we approve this report. Carried.
12. Correspondence
There was no correspondence.
13. Land Use Changes
There were no land use change applications.
14. Post Agenda Items
1. Town of Brooks -Land Use Bylaw Amendment
Add Truck Parking to General Commercial District
A letter from the Town of Brooks, regarding an amendment to the Land Use Bylaw to add
truck parking to their General Commercial District, was presented to the Commission.
The Planner was directed to send a letter to the Town of Brooks stating that we have no
objections to this Land Use Bylaw amendment.
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September 25, 2001 Page 120
M 2. Permit #2269 -Block 9 MR, Plan 9411167 -Division 5
Lake Newell Condominium Association -Tennis /Sport Court
This application will be brought back to the next meeting.
3. Procedure
J. Doerksen raised questions on procedure with regard to follow-up and enforcement of
regulations and conditions for Intensive Livestock Operations.
4. Land Use Bylaw
A discussion was held on areas of the Land Use Bylaw that should be considered when
the bylaw is updated.
5. Duplex on Farmstead Separation
The Chairman reported on a residence located on an agricultural piece of land that has
purportedly been changed into a duplex for use as residential properties. The Planner was
directed to send a letter to the owner of the property requesting information on this matter.
15. Other Business
Contract Planner P. Maloney left the meeting at this time.
1. Planner
The Administrator reported on the Planner that is being hired by the County.
2. Area Structure Plan Proposals
The Commission reviewed Area Structure Plan proposals for Young Road, Cassils Road
and One Tree Road. Moved by Councillor Vermeeren that we forward to Council our
recommendation for the awarding of the Area Structure Plan for the Young Road, Cassils
Road and One Tree Road. Carried.
16. Question Period/Notice of Motion
A question period was held.
September 25, 2001 Page 121
17. Information Items
---~ There were no information items.
18. Adjourn
Moved by Councillor Vermeeren that the meeting adjourn at 3:30 p.m. Carried.
~ct.~~°'
CHAIRMAN
ADMIlVISTRATOR
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September 25, 2001 Page 122