HomeMy WebLinkAbout2003-01-08 Municipal Planning Commission (Regular) Minutes
County of Newell No. 4
Minutes of Municipal Planning Commission Meeting
~-- January 8, 2003
The regular Municipal Planning Commission Meeting of the County of Newell No.4 was held
in the County Office at Brooks, AB on Wednesday, January 8, 2003 commencing at 10:00 a.m.
Members Present Chairman C. Baksa
Councillors G. Musgrove
E. Moss
Representatives B. M`Kellar
R. Steinbach
Administrator A. Martens
Interim Planner J. Ramjohn
Development Control Officer P. Urban
Recording Secretary P. Garrett
1. Call to Order
The Chairman called the meeting to order at 10:00 a.m.
2. Excused from Meeting
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All members were in attendance at this meeting.
3. Minutes
1. November 27.2002
Minutes of the November 27, 2002 meeting were presented to the Commission. Moved by R.
Steinbach that we adopt these minutes as presented. Carried.
4. Call for Post Agenda Items
The Chairman called for post agenda items.
5. Adoption of A eg nda
Moved by B. M`ICellar that the agenda be adopted as amended. Carried.
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January 08, 2003 Page 1
6. Conference Call -Activation Analysis
The Municipal Planning Commission held a conference call with Activation Analysis regarding --
the upcoming MPC Retreat. --
Moved by Councillor Musgrove that we proceed to Post Agenda Items, Parker Subdivision, at
this time. Carried.
7. Post Agenda Items
1. Subdivision Application - SW 31-21-15-W4 -Division 7
Tom and Len Parker - Agricultural Subdivision
Tom Parker was in attendance to present information on this application. Moved by Councillor
Moss that we postpone making a decision on this application until the next meeting to allow
the proposal to be circulated to the Eastern Irrigation District. Carried.
8. Business from Minutes
1. O1 NL 034 - Pt. NE 1-18-15-W4 -Division 5
Zadi Investment Ltd. -Create 26 Lots for Multiple Unit Housing
There was no further information on this item.
2. Zadi Investments Ltd. -Lake Newell Resort Area Structure Plan -Division 5
The Interim Planner reported on a meeting with Planning Protocol regarding this Area Structure
Plan. The Planner was directed to review the Area Structure Plan and, once he is satisfied with
the draft plan, place it on the agenda for a Municipal Planning Commission meeting.
3. A & E Sales & Service Ltd. - Pt. SE 3-19-14-4 -Division 10
CR2 -Country Residential 2 District to LI -Light Industrial District
There was no further information on this item.
4. Requirements for Subdivisions
There was no further information on this item.
January 08, 2003
Page 2
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5. 02 NL 027 - NE 23-17-13-W4 -Division 2
Gray & Company Holdings Ltd. -Farmstead Separation
Moved by R. Steinbach that we recommend to Council approval of Subdivision Application
02 NL 027 for a farmstead separation within the NE 23-17-13-W4 subject to the following
conditions:
1. The registration of a caveat for the dedication of a 5-metre strip of land along the easterly
boundary of the NE 23-17-13-W4 for future road widening to be purchased at a rate that
is consistent with County policy at that time.
2. The applicant entering into an agreement with the County of Newell for the construction
and/or upgrading of road approaches to the proposed and remnant parcels as required by
the Public Works Department.
3. All oil and gas company leases, rights-of--way, Board Orders, etc. being carried forward,
as required, when the subdivision mylar is registered at Land Titles Office.
4. The applicant providing 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.
5. The applicant meeting all requirements of the Eastern Irrigation District with respect to the
conveyance of water as well as easements.
6. All outstanding municipal taxes being paid prior to endorsement.
Carried.
Moved by B. M`Kellar that we proceed to Post Agenda Items, the Sewall and Martin
Subdivisions, at this time. Carried.
Post Agenda Items (cont'd)
Dick Barath was in attendance to present information on the following subdivision applications.
2. Subdivision Application - SE 30-18-14-W4 -Division 5
Applicant: Bill Sewall. Owner: Cliff Sewall -Direct Control Subdivision
Moved by Councillor Moss that we recommend to Council approval of the subdivision of the
parcel designated Direct Control from within the SE 30-18-14-W4 subject to the following
conditions:
1. The applicant meeting all requirements of the Eastern Irrigation District with respect to the
conveyance of water as well as easements.
2. 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.
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. All outstanding taxes being paid prior to endorsement.
5. The applicant entering into an agreement with the County of Newell for the construction
and/or upgrading of road approaches to the proposed and remnant parcels as required by
the Public Works Department.
.- Carried.
January 08, 2003 Page 3
Moved by B. M`Kellar that we reconsider the previous motion. Carried.
Moved by B. M°Kellar that we amend the reconsidered motion by adding the following --~
condition:
6. The applicant registering a caveat for the dedication of a 20 m strip of land along the
southerly boundary of the SE 30-18-14-W4 for a future service road. The applicant will
enter into a development agreement with the County of Newell for the installation of said
service road with regard to the Young Road Area Structure Plan and County of Newell
Public Works Standards.
Vote on amendment. Carried. Vote on amended motion. Carried.
3. Subdivision Application - SE 30-18-14-W4 -Division 5
Dean Martin -Industrial Subdivision
This item will be brought forward when an Area Structure Plan for the area has been presented
by the applicant.
9. Council and S.D.A.B. Report
The Chairman and Administrator gave this report.
Lunch
The Commission recessed for lunch from 12:00 noon to 1:30 p.m.
10. Development Regort -November 19, 2002 to December 20, 2002
Moved by B. M°Kellar that we accept the Development Report. Carried.
11. Correspondence
1. BSEI -Village of Duchess Subdivision Application
Plan 1868 BA, within S % 32 & N'/4 29-20-14-W4
A letter from the BSEI, regarding a subdivision application within the Village of Duchess was
presented to the Commission for information.
2. The Community Planning Association of Alberta -Alberta Planning Conference
A brochure from The Community Planning Association of Alberta, regarding the Alberta
Planning Conference, was presented to the Committee.
January 08, 2003 Page 4
12. Development Permits
,.~ 1. Permit #2460 - SW 29-18-15-W4 (Antelope Creek Area) -Division 5
Applicant: Luigi Vescarelli & Dales Woloshen - EnCana Corporation
Owner: PanCanadian Petroleum Ltd. (EnCana Corporation)
Temporary Industrial Base Camg and Storage Yard
Moved by Councillor Moss that we deem the subject property to be classed as a "temporary
base camp and storage yard" in the A -Agricultural District and that we approve the
development for a one year (non-renewable) period subject to the following conditions:
1. This use complying with all Federal, Provincial and Municipal statues, regulations, codes
and standards.
2. The proposed development complying with Section 49 of County of Newell Land Use
Bylaw # 1004-90 being the A-Agricultural District.
3. The developer ensuring the following setbacks are maintained:
Front Side Flankage Rear
*40 m **3 m *40 m **3 m
*Minimum distance from centerline of public roadway or Secondary Highway
**Minimum distance from property line
4. This use complying with the Alberta Building Code where applicable.
5. The developer being responsible for obtaining all required permits (i.e. building, electrical,
plumbing, heating & ventilation and gas) from an accredited inspection agency.
6. The developer ensuring there is proper disposal of sewage and waste from this use.
7. The developer providing the Development Officer with a copy of an inspection certificate
issued by a licensed, accredited inspection agency for the installation of the underground
septic containment tank.
8. The developer ensuring that an adequate supply of water is provided for this use.
9. The developer ensuring access can be provided for Emergency Services vehicles to this
site.
10. The developer ensuring there is an adequate supply of water for fire suppression for this
development.
11. The developer ensuring 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 providing, to the satisfaction of the Agricultural Fieldman, a practical plan
or method of treatment for the existing five soil stockpiles located in the storage yard. This
plan shall identify the methods of weed control and erosion prevention.
15. The developer, upon vacating the premises and reclaiming the site, providing the
Development Officer with an approved Reclamation Certificate issued by Alberta
Environment.
16. The developer being responsible for any increased road maintenance required on the
County road as a result of this use. The maintenance shall be under the direction of the
Public Works Department.
17. The developer entering into a Road Approach Agreement with the County of Newell for
the existing approach into this development located in the SE 29-18-15-W4 and the
developer supplying a copy of the approved Road Approach Agreement to the
,^,^ Development Officer.
January 08, 2003 Page 5
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18. The developer ensuring that all hazardous waste materials are properly disposed of in
regulated facilities.
19. The developer ensuring there is no contamination of soil from this use.
Carried. ~--
2. Permit #2468 - SE 19-19-14-W4 -Division 4
Owner: Lakeside Feeders Inc.
Renewal of 168-Person Temporary Lodig ng_CamU
Moved by Councillor Musgrove that we grant approval for the renewal of the 168-Person
Temporary Lodging Camp for a three year period subject to the camp being operated as per the
Operational Guidelines outlined in Lakeside Packers' July 31, 1996 letter to the County of
Newell. Carried.
13. Home Occupation Permits
There were no Home Occupation Permit applications.
14. Subdivisions
There were no Subdivision applications.
15. Land Use Changes
1. Applicant: Kathy & Armand Ramer, Owner: Ramer Ranches Ltd.
Pt SW 28-20-14-W4 -From OF -Urban Fringe to CR - Country Residential
Moved by R. Steinbach that we recommend to Council that consideration be given to a bylaw
to redesignate a portion of the SW 28-20-14-W4 from OF -Urban Fringe District to CR -
Country Residential District. Carried.
16. Other Business
1. Applicant/Purchaser: Stan Yanke, Owner: Sandra Beasley
Request for Variance to Section 40 of Land Use Bylaw # 1004-90
Objects Prohibited or Restricted in Yards
Moved by Councillor Musgrove that, due to the size of the parcel and the fact that it is an
irrigated parcel, we grant a relaxation of Section 40(4) of Land Use Bylaw # 1004-90 to permit
the keeping of up to five head of livestock on this property. Carried.
January 08, 2003
Page 6
2. Applicant: M & M Holdings; Mike Matz & Myles Fritzler
Owner: Wanda McGonigal
.-- Request for Variance to Section 58.4 of Land Use Bylaw #1004-90
Side Yard Setback
Moved by Councillor Moss that we grant a variance to Section 58.4, of Land Use Bylaw
#1004-90, of .71 m (2.33 ft) to the side yard setback requirements to allow the existing deck
to remain on Plan 7910293, Block 14, Lot 7. Carried.
Post Agenda Items (cont'd)
4. Subdivision Application - SW 1-19-14-W4 -Division 10
R.C. Baksa Stores Ltd. - Country Residential Subdivision
Chairman Baksa declared a pecuniary interest in this item, excused herself from the meeting,
left the Council Chambers and returned as a ratepayer. Vice Chairman Musgrove assumed the
Chair.
Cory Baksa was in attendance to present information on this application. Moved by R.
Steinbach that we recommend to Council approval of this application for the subdivision of a
portion of the SW 1-19-14-W4 into three country residential lots subject to the following
conditions:
1. The applicant meeting all requirements of the Eastern Irrigation District with respect to the
conveyance of water as well as easements.
'" 2. All oil and gas company leases, rights-of--way, Board Orders, etc. being carried forwazd,
as required, when the subdivision mylar is registered at Land Titles Office.
3. The applicant providing easements to franchise utilities for providing services to the
proposed and remnant parcels. The applicant maybe responsible for the costs associated
with the installation, removal or modification of services.
4. All outstanding municipal taxes being paid prior to the endorsement.
5. The applicant entering into an agreement with the County of Newell for the installation of
any required road approaches to the proposed and/or remnant pazcels.
6. The applicant signing the "One Tree Road Residential Development Declaration"asset out
in the One Tree Road Area Structure Plan.
7. The applicant entering into a development agreement for the development of a road to
service the proposed lots.
8. The applicant drafting and signing a Restrictive Covenant, to be registered against each lot,
indicating that the construction and maintenance of the utility for the conveyance of water
to the proposed lots for the purposes of irrigation shall be the responsibility of the
landowners of each of the lots involved and absolving the County of Newell of all
responsibility of construction and maintenance of this utility.
9. The Applicant entering into an agreement with Sagebrush Estates ensuring water delivery
to the proposed lots within this application.
Carried.
Chairman Baksa returned to the meeting and assumed the chair.
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January 08, 2003 Page 7
5. MPC Retreat
The planning retreat scheduled for January 13~' and 14~', 2003 was discussed.
6. Delegations
Concern was expressed that delegations were not being given a definite time as to when the
Commission would be dealing with their application or concerns. It was suggested that anyone
asking to be a delegation be given a 15 minute time period with the first delegation starting at
10:30 a.m.
7. Report on New Planner
The Administrator reported that a new County Planner, Tammy Henry, has been hired and will
start work on February 3`~, 2003.
17. Question Period
A question period was held.
18. Information Items
There were no information items.
19. Adjourn
The Chainman declared the meeting adjourned at 3:15 p.m. Carried.
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CHAIRMAN
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January 08, 2003 Page 8