HomeMy WebLinkAbout2003-02-25 Municipal Planning Commission (Regular) MinutesC '.~
County of Newell No. 4
Minutes of Municipal Planning Commission Meeting
-- February 25, 2003
The regular Municipal Planning Commission Meeting of the County of Newell No.4 was held
in the County Office at Brooks, AB on Tuesday, February 25, 2003 commencing at 10:00 a.m.
Members Present Chairman C. Baksa
Councillors G. Musgrove
E. Moss
Representatives B. M`Kellar
R. Steinbach
Planner T. Henry
Interim Planner J. Ramjohn
Administrator A. Martens
Recording Secretary P. Garrett
1. Call to Order
The Chairman called the meeting to order at 10:00 a.m.
2. Excused from Meetine
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All members were in attendance at this meeting.
3. Minutes
1. January 27.2003
Minutes of the January 27, 2003 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 enda
Moved by Councillor Musgrove that the agenda be adopted as amended. Carried.
February 25, 2003 Municipal Planning Commission Page 15
6. Business from Minutes
1. O1 NL 034 - Pt. NE 1-18-15-W4 -Division 5
Zadi Investment Ltd. -Create 26 Lots for Multiple Unit Housine
There was no further information on this item.
2. A & E Sales & Service Ltd. - Pt. SE 3-19-14-4 -Division 10
CR2 - Countrv Residential 2 District to LI -Licht Industrial District
There was no further information on this item.
3. Requirements for Subdivisions
There was no further information on this item.
Moved by Councillor Musgrove that we proceed to Business From Minutes Item 4. Carried.
4. 02 NL 031- 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 R. Steinbach
that we recommend to Council that they approve Subdivision Application 02 NL 031 for an
agricultural subdivision within the SW 31-21-15-W4 subject to the following conditions:
1. 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 parcels.
2. The applicant meeting all the requirements of the Eastern Irrigation District with respect to
the conveyance of water, as well as easements.
3. The applicant providing easements to franchise utilities for services to the proposed and
remnant parcels. The applicant may be responsible for the costs associated with the
installation, removal or modification of services.
4. All oil and gas company leases, rights-of--way and Board Orders being carried forward when
the subdivision mylar is registered at Land Titles Office.
5. The consolidation of the 100 acre parcel with the SE'/4 31-21-15-W4 and 60 acre parcel with
the NW '/4 31-21-1 S-W4.
6. All outstanding municipal taxes being paid prior to the endorsement.
Carried.
February 25, 2003 Municipal Planning Commission
Page 16
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5. 02 NL 033 - NE 16-18-16-W4 -Division 5
Pierson. Dwight -Farmstead Separation with Relaxation of Parcel Size
Wendell Rommens was in attendance to present information on this application. Moved by
Councillor Musgrove that we recommend to Council that they deny Subdivision Application 02
NL 033 for a farmstead separation within the NE 16-18-16-W4 as this subdivision could have
a detrimental effect on future expansion of existing agricultural operations adjacent to the subject
property. Carried.
Development Permits
1. Permit #2474 -Pt. SW 27-18-14-W4 -Division 5
Traichel, Heinz & Derstine, LeRay
Use of Existing Building for Portable Sandblasting & Minor Repair Operation
Heinz Traichel was in attendance to present information on this application. Moved by
Councillor Moss that we deem this use to be similar in nature to that of a Machining Shop which
is a discretionary use within the OF -Urban Fringe District and that we grant approval to
Development Permit #2474, for a period of three years, for a Sandblasting and Minor Repair
Operation to be located on a portion. ofthe SW 27-18-14-W4 subject to the following conditions:
1. This use complying with all Federal, Provincial and Municipal statutes, regulations, codes
and standards.
2. The proposed development complying with Section 50 ofCounty ofNewell Land Use Bylaw
#1004-90 being the OF-Urban Fringe 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 public roadway or Secondary Highway.
**Minimum distance from property line
4. The developer ensuring there is proper disposal of sewage and waste from this use.
5. The developer ensuring that an adequate supply of water is provided for this use.
6. The developer ensuring access is provided for Emergency Services vehicles to this site.
7. The developer ensuring the property is maintained to the satisfaction of the Development
Officer.
8. The developer ensuring there is no outside storage of materials or supplies relating to this
application.
9. The developer ensuring there is no contamination of soil, surface or ground water from this
use.
Carried.
Post A€?enda Items
1. Martin Industrial Area Structure Plan
Applicant Dean Martin and Ron Switzer of Olympia Engineering were in attendance to present
information on this area structure plan. Moved by B. McKellar that we recommend to Council
that, once the changes recommended by the Interim Planner have been incorporated into the plan,
first reading be given to the Martin Industrial Area Structure Plan. Carried.
February 25, 2003 Municipal Planning Commission Page 17
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9. Home Occupation Permits
1. Permit #141 -Plan 7410106, Block 6 (Pt SE 3-19-14-W4) -Division 10
Applicant: Gibbs, Bill -Owner: Visser, Darren & Lavone
Commercial Truck Storage
Darren Visser was in attendance to present information on this application. Moved by Councillor
Musgrove that we approve Home Occupation Permit #141 for the storage of commercial trucks
subject to the following conditions:
1. This use complying with all Federal, Provincial and Municipal statutes, regulations, codes
and standards.
2. This use complying with the provisions of Section 52 of Land Use Bylaw #1004-90
pertaining to the CR2-Country Residential 2 District.
3. The developer ensuring this use shall not affect the residential use of the property or adjacent
properties in the area.
4. The developer ensuring that the total number of off-site employees involved with the said
occupation (not including the occupants of the residence) shall not exceed two.
5. The developer ensuring that no more than three commercial vehicles be permitted in
connection with the proposed home occupation. No other commercial vehicles shall be
permitted.
6. The developer ensuring there is no outside storage of goods or materials on this parcel.
7. The developer ensuring no noise, vibration, smoke, dust or odours are created from this home
occupation which may affect adjacent landowners or development.
8. The developer ensuring there is no contamination of soil, surface or ground water from this
home occupation.
9. The developer ensuring there is an adequate supply of water for fire suppression with this
home occupation.
10. The developer ensuring proper and legal access is provided for this use.
11. The developer entering into a road approach agreement with the County of Newell for the
upgrade of the existing approach located to the north of the property. All expenses for this
upgrade shall be borne by the applicant.
12. Mr. Gibb becoming the legal owner of the subject property prior to the Home Occupation
Permit coming into effect.
13. This home occupation permit is being granted for a time period of one year from the date of
approval at which time it may be either revoked or renewed by the Municipal Planning
Commission for another year. Renewal of this permit shall be subject to the applicant's
performance during that time period. The applicant shall be responsible for re-applying one
month before expiry date.
Carried.
10. Subdivisions
1. 03 NL 003 - SE 25-18-15-W4 -Division 5
Schuett Reinhold -Subdivision & Lot Adiustment of 3 Lots to Create 6 Lots
Reinhold Schuett was in attendance to present information on this application. Moved by R.
Steinbach that we recommend to Council approval of Subdivision Application 03 NL 003 for a
lot adjustment of three lots and the creation of six new lots within the SE 25-18-15-W4 subject
to the following conditions:
February 25, 2003 Municipal Planning Commission Page 18
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1. All oil and gas company leases, rights-of--way and Board Orders being carried forward when
the subdivision mylar is registered at Land Titles Office.
.--- 2. The applicant providing easements to franchise utilities for 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. The registration of a caveat for the dedication of a 5-metre strip of land along the easterly and
southerly boundaries of the proposed and remnant parcels for future road widening to be
purchased at a rate this is consistent with County policy at that time.
4. The applicant meeting all the requirements of the Eastern Irrigation District with respect to
the conveyance of water, as well as easements.
5. All outstanding municipal taxes being paid prior to the endorsement.
6. The applicant supplying a geotechnical report addressing lot size and septic system adequacy
for proposed lots E & F.
7. The registration of a caveat noting that only pump-out septic systems be allowed on lots E
& F if the geotechnical report supports requiring this type of system.
8. The applicant signing the "Young Road Residential Development Declaration" as set out
in the Young Road Area Structure Plan.
9. The applicant entering into an agreement for the development of a road and cul-de-sac at the
most southerly end of the service road and for the installation/removal of approaches as
required by the Public Works Department.
Carried.
An area structure plan was not required for this subdivision because residential development was
akeady in place on the subject property.
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Lunch
The Commission recessed for lunch from 12:14 p.m. to 1:00 p.m.
Business From Minutes (cont'd)
6. 03 NL 001 - NW 15-15-13-W4 -Division 1
Kern. Frank & Marg~arete -Farmstead Separation
Moved by Councillor Musgrove that we postpone making a decision on this application until after
September 30, 2003. Carried. Moved by R. Steinbach that we reconsider the previous motion.
Carried Unanimously. Moved by Councillor Moss that we table this application until such time
as we receive an ASB report on this property and that we ask ASB for a specific comment on the
effect of destroying an existing agricultural operation for a subdivision. Carried.
7. Lake Newell Resort Area Structure Plan
There was no further information on this item.
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February 25, 2003 Municipal Planning Commission Page 19
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8. MPC Bvlaw
There was no further information on this item.
11. Council and S.D.A.B. Report
The Chairman gave this report.
12. Development Report - January 21.2003 to February 13.2003
Moved by Councillor Musgrove that we accept the Development Report. Carried.
13. Correspondence
1. Silver Sage A~'icultural Society - Request to Waive Development Permit Application Fee
A letter from Silver Sage Agricultural Society requesting that we waive the fee for their
development permit application, was presented to the Commission. Moved by Councillor
Musgrove that we waive the fee for Development Permit #2476 as Silver Sage Agricultural
Society is a non-profit organization. Carried.
Development Permits (cont'd)
2. Permit #2475 - Pt. SW 9-19-14-W4 -Division 10
Smith Richard - Existing_Temporary Livins Accommodations
Moved by Councillor Musgrove that we grant approval to Development Permit #2475 for a
period of one year for two existing structures located within a portion of SW 9-19-14-W4 to be
used as temporary living accommodations subject to the following conditions:
1. This use complying with all Federal, Provincial and Municipal statutes, regulations, codes
and standards.
2. The proposed development complying with Section 54 of County ofNewell Land Use Bylaw
#1004-90 being the I -Industrial 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 subdivision streets or service roads is 7.Sm. Setbacks from district
roads shall be in compliance with those in the General Land Use Regulations.
**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 connections of septic services into
the existing services.
February 25, 2003 Municipal Planning Commission Page 20
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8. The developer ensuring that an adequate supply of water is provided for this use.
9. The developer ensuring access is provided for Emergency Services vehicles to this site.
~ 10. The developer ensuring there is an adequate supply of water for fire suppression with 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.
Carried.
3. Permit #2476 - Pt. NW 20-18-14-W4 -Division 5
Applicant: Silver Sage Ag Society -Owner: Eastern Irrigation District
Addition to Existing Building -Animal Wash Ba F~v
Moved by Councillor Musgrove that we classify this use as a "Public and Quasi-Public Building
& Use" which is a discretionary use within the OF -Urban Fringe District and that we approve
Development Permit #2476 for an addition to the existing building located on a portion of the
NW 20-18-14-W4 for an animal wash bay facility subject to the following conditions:
1. This use complying with all Federal, Provincial and Municipal statutes, regulations, codes
and standards.
2. The proposed development complying with Section 50 ofCounty ofNewell Land Use Bylaw
#1004-90 being the OF-Urban Fringe 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 public roadway or Secondary Highway.
**Minimum distance from property line
4. The developer ensuring there is proper disposal of sewage and waste from this use.
5. The developer providing the Development Officer with a copy of a building permit together
with an inspection certificate issued by a licensed, accredited inspection agency for the
connection of the septic service.
6. The developer ensuring that an adequate supply of water is provided for this use.
7. The developer ensuring access is provided for Emergency Services vehicles to this site.
8. The developer ensuring the property is maintained to the satisfaction of the Development
Officer.
9. The developer ensuring that construction materials, supplies and equipment are stored on the
property and not on the public 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 ensuring there is no outside storage of materials or supplies relating to this
application.
12. The developer ensuring there is no contamination of soil, surface or ground water from this
use.
13. The developer ensuring the proposed facility is not utilized for a truck/trailer wash facility.
14. The developer ensuring the exterior finish of the addition is sided with materials the same
as, or consistent with, the exterior finish of the existing building.
~- Carried.
February 25, 2003 Municipal Planning Commission Page 21
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4. Permit #2477 - Pt. NE 2-22-13-W4 -Division 3
Lelek Gaylvnn - SinSle Familv Dwelline
Moved by R. Steinbach that we classify this use as a "dwelling" being a discretionary use within _„
the A -Agricultural District and that we approve Development Permit #2477 for the construction
of a single family dwelling within a portion of the NE 2-22-13-W4 subject to the following
conditions:
1. This use complying with all Federal, Provincial, Municipal statutes, regulations, codes and
standards.
2. This use complying with the provisions of Section 49 of Land Use By-Law #1004-90
pertaining to the A -Agricultural District.
3. The developer ensuring this development is located as shown on the site plan submitted on
February 10, 2003. Any changes to that plan shall require the written approval of the
Development Officer.
4. This use complying with the Alberta Building Code where applicable.
5. The developer obtaining all required permits (electrical, building, heating & ventilation, gas
and plumbing) from an accredited inspection agency.
6. The developer providing the Development Officer with 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.
7. The developer ensuring there is proper disposal of sewage and waste from this use.
8. The developer ensuring that an adequate supply of water is provided for this use.
9. The developer ensuring that the property is maintained to the satisfaction ofthe Development
Officer.
10. The developer ensuring that the construction materials, supplies and equipment are stored on
the property and not on the public roadway.
11. The developer ensuring that there is continuous clean up of construction debris tracked onto -
the public roadway where access is provided to the property. _„
12. The developer ensuring that the following minimum yard setback is maintained for the
development:
. , , , ,.Front ...... _ Side .. _ Flankage . , , ,Rear
* 40 m **3 m *40 m **3 m
* Minimum distance from the centerline of a public roadway or Secondary Highway.
** Minimum distance from property lines.
13. The developer ensuring there is proper and legal access to this development.
14. The developer entering into a Road Approach Agreement with the County of Newell for the
construction of an approach to this development. This shall be to the satisfaction of the
Public Works Department. An agreement is attached to this approval and must be completed
by the developer and returned prior to commencement of this development. 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.
Carried.
February 25, 2003 Municipal Planning Commission
Page 22
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Home Occupation Permits (cont'd)
,-- 2. Permit #78 Renewal- SW 28-20-14-W4 -Division 8
Applicant/Owner: Sparling, John -Operating as JB Repairs
Repair of Machinery & Millwright/Mechanical Work
Moved by Councillor Musgrove that we classify this use as a "Home Occupation" which is a
discretionary use within the CR -Country Residential District and that we approve the renewal
of Home Occupation Permit #78 for the repair of machinery and millwright/mechanical work to
be located within the SW 28-20-14-W4 subject to the following conditions:
1. This use complying with all Federal, Provincial and Municipal statutes, regulations, codes
and standards.
2. This use not affecting the residential use of the property or adjacent properties and area.
3. T'he total number ofoff--site employees, not including the occupants ofthe residence involved
with the said occupation, not exceeding two.
4. The applicant ensuring there is no advertising or display of produce being permitted on the
property except for one indirectly illuminated sign of 1 m2 placed flat against the building
or fence.
5. The applicant ensuring there is no outside storage of goods or materials.
6. The applicant ensuring no noise, vibration, smoke, dust or odours are created from this home
occupation which may affect adjacent landowners or development.
7. This permit is being granted until December 31, 2004, at which time it maybe either revoked
or renewed by the Development Authority.
Carried.
~-- 3. Permit #79 Renewal - SE 3-21-18-W4 -Division 6
Applicant: Bartman, Darlene -Owner: Bartman, Marty
Preparation & Sale of Pottery and Crafts
Moved by Councillor Moss that we classify this use as a "Home Occupation" which is a
discretionary use within the OF -Urban Fringe District and that we approve the renewal of Home
Occupation Permit #79 for the preparation and sale of pottery and crafts from within a portion
of the SE 3-21-18-W4 subject to the following conditions:
1. This use complying with all Federal, Provincial and Municipal statutes, regulations, codes
and standards.
2. This use not affecting the residential use of the property or adjacent properties and area.
3. The total number ofoff--site employees, not including the occupants ofthe residence involved
with the said occupation, not exceeding two.
4. The applicant ensuring there is no advertising or display of produce being permitted on the
property except for one indirectly illuminated sign of 1 m s placed flat against the building
or fence.
5. The applicant ensuring there is no outside storage of goods or materials.
6. The applicant ensuring no noise, vibration, smoke, dust or odours are created from this home
occupation which may affect adjacent landowners or development.
7. 'This permit is being granted until December 31, 2004, at which time it may be either revoked
or renewed by the Development Authority.
Carried.
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February 25, 2003 Municipal Planning Commission Page 23
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4. Permit #142 -Plan 9912109, Block 7, Lot 2 (NW 4-20-14-W4) -Division 8
Applicant/Owner: Elsbett, Annemarie (Peeters)
Operatine as AME Bookkeepine Solutions Bookkeeping Service -
Moved by Councillor Musgrove that we classify this use as a "Home Occupation" which is a
discretionary use within the A -Agricultural District and that we approve Home Occupation
Permit #142 for the operation of AME Bookkeeping Solutions Bookkeeping Service from Plan
9912109, Block 7, Lot 2 (within the NW 4-20-14-W4) subject to the following conditions:
1. This use complying with all Federal, Provincial and Municipal statutes, regulations, codes
and standards.
2. This use complying with the provisions of Section 49 of Land Use Bylaw #1004- 90
pertaining to the A -Agriculture District.
3. This use complying with the provisions of Schedule B of Land Use Bylaw #1004-90
pertaining to Home Occupations.
4. The developer ensuring this use shall not affect the residential use of the property or adjacent
properties in the area.
5. The developer ensuring the total number of off-site employees involved with the said home
occupation (not including the occupants of the residence) shall not exceed two.
6. The developer ensuring that there is no outside storage of goods or materials on this parcel.
7. The developer ensuring no noise, vibration, smoke, dust or odours are created from this home
occupation which may affect adjacent landowners or development.
8. This home occupation permit is granted for a time period until December 31, 2004, at which
time it maybe either revoked or renewed by the Municipal Planning Commission for another
year. Renewal of this permit shall be subject to the applicant's performance during that time
period. The applicant shall be responsible for re-applying one month before the expiry date.
Carried.
Lunch
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14. Land Use Chances
1. Applicant: Robert & Elsie Strach - Pt. SW 25-18-15-W4
From OF -Urban Fringe to LI -Light Industrial -Division 5
Moved by B. M°Kellar that the subject parcel be squared offand extended to the west boundary
road and that we recommend to Council that consideration be given to a bylaw to redesignate a
portion ofthe SW 25-18-15-W4 from OF -Urban Fringe District to LI -Light Industrial District.
Carried.
2. Applicant: Mike Wenner (P&H Oilfield Services Ltd.) - Pt. NE 34-18-15-W4
From A -Agricultural District to LI -Light Industrial District -Division 5
Moved by B. M°Kellar that we recommend to Council that consideration be given to a bylaw to
redesignate a portion of the NE 34-18-15-W4 from A -Agricultural District to LI -Light
Industrial District. Carried.
February 25, 2003 Municipal Planning Commission Page 24
15. Other Business
'"' 1. Bantrv Bav -Land Use Amendment
Planner T. Henry reported that an application had been received from the developer of Bantry
Bay and will be brought to the next meeting.
Post Agenda Items (cont'd)
2. ASPs Surrounding Brooks
Moved by Councillor Musgrove that we recommend to Council that they proceed with the
development of area structure plans for the area north of Brooks adjacent to the 873 and south
east of Brooks adjacent to the Old #1 Highway. Carried.
3. 02 NL 023 - SW 33-14-13-W4 -Division 1
Huber, Curtis & Parker, R.Vern -Farmstead Separation
The Administrator presented new information on Subdivision Application 02 NL 023 for a
farmstead separation within the SW 33-14-13-W4. Moved by Councillor Moss that we review
this application. Carried. Moved by Councillor Moss that, in addition to our original concern
that this farmstead separation would not be appropriate due to potential conflict with current and
fixture farming operations in this area, the water supply for the proposed lot would remain with
the remnant parcel and the open sewage discharge system does not discharge far enough from the
~"' residence, therefore, we recommend to Council that this application be denied. Carried.
16. Ouestion Period
A question period was held.
17. Information Items
There were no information items.
18. Adjourn
The Chairman declared the meeting adjourned at 2:36 p.m. Carried.
CHAIRMAN
ADMINISTRATOR
February 25, 2003 Municipal Planning Commission Page 25