HomeMy WebLinkAbout2001-11-28 Municipal Planning Commission (Regular) MinutesC.J'r
County of Newell No. 4
Minutes of Municipal Planning Commission Meeting
'"`~ November 28, 2001
The regular Municipal Planning Commission Meeting of the County of Newell No.4 was held
in the County Office at Brooks, AB on Wednesday, November 28, 2 001 commencing at 10:00
a.m.
Members Present Chairman C. Baksa
Councillors G. Musgrove
M. Loewen
Representatives B. M`Kellar
R. Steinbach
Planner M. Cui
Administrator _ A. Martens
Recording Secretary P. Hoffman
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
Minutes of the October 30, 2001 meeting were presented to the Commission. Moved by
Councillor Loewen that we adopt these minutes as circulated. Carried.
4. Call for Post Agenda Items
The Chairman called for post agenda items.
5. Adoption of Agenda
Moved by Councillor Musgrove that the agenda be adopted as amended. Carried.
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November 28, 2001 Page 137
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6. Business from Minutes
11-1 Subdivision Application O1 NL 019 -Plan 9411167, Block 3
Sherrill Construction Ltd. -Division 5
The Planner reported that this application has been withdrawn.
Proposed Policy - RE: Town of Brooks Request for Input on Development
There was no further information on this item.
10-2 O1 NL 021 - Pt. NW 6-18-14-W4 -Division S
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.
14-2 Permit #2269 -Block 9 MR, Plan 9411167 -Division 5
Lake Newell Condominium Association -Tennis /Sport Court
There was no further information on this item.
18-2 O1 NL 029 Pt. SW 22-20-13-W4 -Division 3
Eastern Irrigation District -Waste Transfer Station
There was no further information on this item.
1~-1 Eastern Irrigation District - Pt. SW 22-30-13-W4 -Division 3
A -Agricultural to P-WTS -Public -Waste Transfer Site District
There was no further information on this item.
17-1 O1 NL 029 - SW 21-20-14-W4 -Division 8
Trimmer Robert & Myrna -Farmstead Separation
This item was referred to later in the meeting.
November 28, 2001
Page 138
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7. Council Report
,-. Councillor Loewen gave this report.
Development Report
The Development Report for October 30, 2001 to November 22, 2001 was presented to the
Commission. Moved by Councillor Loewen that we approve this report. Carried.
9. Correspondence
1. Doug Grisbrook -Copy of Letter to Lake Newell Resort Architectural Control Board
A copy of a letter from Doug Grisbrook to the Lake Newell Resort Architectural Control
Board was presented to the Commission as information.
2. Town of Brooks -Neighbourhood Open House
An invitation from the Town of Brooks for a neighbourhood open house on land use bylaw
amendment application 2001 LUB 014 was presented to the Commission as information.
.- 10. Delegation -Lake Newell Condo Association
Bob Tiegs, Jon Nesbitt, Steve Wallace, Ron Remus, Mara Nesbitt, Kevin Keenan and Penny
Sinclair of the Lake Newell Condo Association were in attendance to discuss the application
for multi-family units and their concerns with the proposed development.
11. Development Permits
1. Permit #2299 - SW 28-20-14-W4 -Division 8
Ramer Ranches Ltd. -Relocate Moved-In Building
B. McKellar declared a pecuniary interest in this matter and left the Council Chambers.
Mr. & Mrs. Ramer were in attendance to present information on this application and
application #2300. Moved by Councillor Loewen that we approve Development Permit
Application #2299 to relocate amoved-in building from the SE 29-20-14-W4 to the SW 28-
20-1=1-W4 subject to the following conditions:
1. This use being classified as a "Moved-In Building" being a discretionary use within the
OF -Urban Fringe District.
2. This use complying with all Federal, Provincial and Municipal statutes, regulations,
codes and standards.
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November 28, 2001 Page 139
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3. This use complying with the provisions of Section 50 of Land Use Bylaw #1004-90
pertaining to the OF -Urban Fringe District. _
4. This use complying with the provisions of Schedule C of Land Use Bylaw #1004-90
pertaining to Moved-In Buildings.
5. The development being located as shown on the site plan submitted on November 16,
2001. Any change to that plan shall require the written approval of the Development
Officer.
6. This use complying with the Alberta Building Code where applicable.
7. The developer obtaining all required permits (i.e. electrical, building, heating,
ventilation, gas and plumbing) from an accredited inspection agency.
8. The developer providing to the Development Officer a copy of the building permit
issued by a licensed, accredited building inspection agency for the County of Newell
prior to the commencement of construction.
9. The developer ensuring that an adequate supply of water is provided for this use.
10. The developer ensuring proper disposal of sewage and waste from this use.
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 and not on the public roadway.
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 the following minimum yard setbacks are maintained for
the development:
Front Side Flankage Rear
**40m *3m **40m *3m
* from property line
** from the centre line of any public road
15. This permit only being for the development of a Moved-In Building at SW 28-20-14-
W4. Any additional development shall require approval by a separate development
permit.
16. The applicant meeting all the requirements of the Eastern Irrigation District with respect
to the conveyance of water as well as easements.
17. The applicant applying to Alberta Transportation for any required approaches or
upgrades from the secondary highway.
Carried.
2. Permit #2300 - SE 29-20-14-W4 -Division 8
Ramer Ranches Ltd. -Construct New House
Moved by R. Steinbach that we approve Development Permit Application #2300 for the
construction of a new house within the SE 29-20-14-W4 subject to the following conditions:
1. This use being classified as an "Agricultural Residence" being a discretionary use
within the OF -Urban Fringe District.
2. The use complying with all Federal, Provincial and Municipal statutes, regulations,
codes and standards.
November 23, 2001
Page 140
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3. This use complying with the provisions of Section 50 of Land Use Bylaw #1004-90
pertaining to the OF -Urban Fringe District, unless a variance is granted by the
"~ Municipal Planning Commission.
4. The development being located as shown on the site plan prepared on November 16,
2001. This site plan was prepared by the County based on the information provided by
the applicant. Any change 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 (ie: electrical, building, heating,
ventilation, gas and plumbing) from an accredited inspection agency.
7. The developer providing to the Development Officer a copy of the building permit
issued by a licenced, accredited building inspection agency for the County of Newell
prior to the commencement of construction.
8. The developer ensuring that an adequate supply of water is provided for this use.
9. The developer ensuring the 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 and not on the public roadway.
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 that the following minimum yard setbacks are maintained for
the development:
Front Side Flankage Rear
**40m *3m **40m *3m
,,,, * from property line
** from the centre line of any public road
14. This permit only being for the development of an agricultural residence at SE 29-20-14-
W4. Any additional development shall require approval by a separate development
permit.
Carried.
B. McKellar returned to the Council Chambers and resumed participation in the meeting.
12. Home Occupations
1. Permit #115 -Lot 5, Block A, Plan 1774 LK (Pt. SE 6-19-14-W4) -Division 1
Brack. Christine -Waxing & Electrolysis Business
Christine Brack was in attendance to present information on this item. Moved by Councillor
Musgrove that we approve Home Occupation Permit # 115 for a home occupation for a waxing
& electrolysis business subject to the following conditions:
1. This use being classified as a "Home Occupation" being a discretionary use within the
CR -Country Residential District.
2. This use complying with all Federal, Provincial and Municipal statutes, regulations,
codes and standards.
November 28, 2001 Page 141
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3. This use not affecting the residential or agricultural use of the property or adjacent
properties and area.
4. The total number of off-site employees, not including the occupants of the residence,
involved with the said occupation not exceeding two.
5. There being no outside storage of goods or materials.
6. There being no noise, vibration, smoke, dust or odours created from this home
occupation which may affect adjacent land owners or development.
7. This home occupation permit being valid for a time period until December 31, 2002, at
which time it may be either revoked or renewed by the Municipal Planning Commission
for another year. Renewal of this permit shall be subj ect to the applicant's performance
during that time period. The applicant shall be responsible for re-applying one month
before the expiry date.
8. This home occupation permit being granted for a waxing and electrolysis business to be
operated by the applicant at Pt. SE 1/4 6-19-14-W4, Lot 5, Block A, Plan 1774 LK. Any
other type of home occupation shall required prior approval by a separate application.
Carried. _
13. Post Agenda Items
1. MPC & SDAB Seminar Report
Discussion was held on various aspects of the seminar held in Medicine Hat on November 27,
2001.
14. Subdivisions
1. Ol NL 032 - Pt. NW 18-20-12-W4 -Division 3
Deschamps Bradley & Kell-Farmstead Separation
Kelly Deschamps was in attendance to present information on this item. Moved by
Councillor Musgrove that we recommend to Council approval of Subdivision Application O1
NL 032 for a farmstead separation in a Portion of the NW 18-20-12-W4 subject to the
following conditions:
1. The applicant entering into an agreement with the County of Newell for the upgrading
or installation of the road approaches to the proposed and remnant parcels as required.
2. The applicant providing municipal reserve in the form of cash-in-lieu in an amount to
be determined when a plan of subdivision is returned for endorsement. The applicant
will need to submit the required amount to the County prior to endorsement. If the
applicant and County cannot agree on the required amount, the applicant may provide
an independent appraisal prior to endorsement.
3. The registration of a caveat for the dedication of a 5-metre strip of land adjacent to the
west side of the proposed and remnant parcels for future road widening to be purchased
at a rate that is consistent with County policy at that time.
4. 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.
5. The applicant meeting all requirements of the Eastern Irrigation District with respect to
the conveyance of water as well as easements.
November 28, 2001
Page 142
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6. The applicant providing easements to franchise utilities for providing services to the
proposed and remnant parcels. The applicant may be responsible for the costs
associated with the installation, removal or modification of services.
7. This subdivision meeting the setback requirements of the Subdivision and Development
Regulation in regard to sewage lagoons.
Carried.
Lunch
The Commission recessed for lunch from 11:57 a.m. to 1:06 p.m.
2. O1 NL 033 - Pt. SW 25-18-15-W4 -Division 5
Bandura Marshall & Kathy -Subdivide 6 Acres of Land Zoned Direct Control
Moved by R. Steinbach that we recommend to Council approval of Subdivision Application
O 1 NL 033 for a subdivision of 6 acres within a portion of Pt. SW 25-18-15-W4 subject to the
following conditions:
1. The applicant entering into an agreement with the County of Newell for the
installation and/or upgrading of the road approaches to the proposed and remnant
parcels as required by Public Works.
2. The applicant providing municipal reserve in the form of cash-in-lieu in an amount to
be determined when a plan of subdivision is returned for endorsement. The applicant
will need to submit the required amount to the County prior to endorsement. If the
,., applicant and County cannot agree on the required amount, the applicant may provide
their own appraisal prior to endorsement.
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 meeting all requirements of the Eastern Irrigation District with respect to
the conveyance of water as well as easements.
5. The applicant providing easements to franchise utilities for providing services to the
proposed and remnant parcels. The applicant may be responsible for the costs
associated with the installation, removal or modification of services.
6. The registration of a caveat for the dedication of a 20 metre strip of land for a service
road through the proposed and remnant parcels should one be required at the time of
future subdivision.
Carried.
3. O1 NL 034 - Pt. NE 1-18-15-W4 -Division 5
Zadi Investment Ltd. -Create 26 Lots for Multiple Unit Housing
Rod Potrie of Planning Protocol Inc. was in attendance to present information on this item.
The Commission stated that they still require an area structure plan prior to making a decision
on this subdivision application.
November 28, 2001 Page 143
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1. M. & M. Jensen - SW 21-19-14-W4 -Division 10
CR -Country Residential District to MHP -Mobile Home Park District
Margaret Jensen was in attendance to present information on this application.
16. Other Business
1. Bantr~Bay Area Structure Plan
Dennis Blain, of Blain Homes & Holdings Ltd. was in attendance to present information on
the Bantry Bay Area Structure Plan.
Recess
The Commission recessed from 2:39 p.m. to 2:46 p.m.
1. Bantry Bay Area Structure Plan (cont'd)
Moved by Councillor Loewen that we recommend to Council that consideration be given to
first reading of a bylaw to adopt the Bantry Bay Area Structure Plan subject to the inclusion
of a storm water management plan; the water & sewer lines not being placed in the road
allowance; a secondary emergency access being provided; establishment of a community
association rather than a condominium association; only off street parking being allowed; text
amendments to make zoning terminology consistent with our land use bylaw and the
numbering of figures being corrected to correspond to the text. Carried.
Left Meeting
Councillor Loewen excused herself from the remainder of the meeting at 3:10 p.m.
Land Use Changes (cont'd)
1. N1. & M. Jensen - SW 21-19-14-W4 -Division 10
CR -Country Residential District to MHP -Mobile Home Park District (cont'd)
Mo~~ed by B. McKellar that we recommend to Council that consideration be given for a land
use change in the SW 21-19-14-W4 from CR -Country Residential District to MHP -Mobile
Home Park District, by way of survey plan, for the land currently being used for mobile
homes. Carried.
Post Agenda Items (cont'd)
November 28, 2001 Page 144
Post Agenda Items (cont'd)
'~" 2. Area Structure Plan
Moved by Councillor Musgrove that all Municipal Planning Commission members be allowed
to attend the public meetings for the Young Road, One Tree Road and S.H. 542 area structure
plans. Carried.
3. December Meeting Date
Moved by R. Steinbach that the December 2001 meeting be changed to December 19, 2001
commencing at 10:00 a.m. Carried.
Business from Minutes (cont'd)
17-1 O1 NL 029 - SW 21-20-14-W4 -Division 8
Trimmer, Robert & Myrna -Farmstead Separation (cont'd)
Moved by B. McKellar that we re-affirm our recommendation that Council deny subdivision
O 1 NL 029 in the SW 21-20-14-W4 for a Farmstead Separation as it contravenes our land use
bylaw due to the 3 houses on this proposed subdivision and the lack of access to the remnant
parcel. Carried.
Left Meeting
R. Steinbach excused herself from the remainder of the meeting at 4:00 p.m.
17. Question Period/Notice of Motion
Discussion was held on a concern that a residence in the agricultural district is being rented
out as a duplex. A letter will be sent to the landowner inquiring as to this use.
18. Information Items
There we no Information Items.
19. Ad1ourn
Moved by Councillor Musgrove that the meeting adjourn at 4:07 p.m. Carried.
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CHAIRMAN PLANNER
November 28, 2001 Page 145