HomeMy WebLinkAbout2003-03-25 Municipal Planning Commission (Regular) MinutesG~'~
County of Newell No. 4
Minutes of Municipal Planning Commission Meeting
March 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, March 25, 2003 commencing at 10:00 a.m.
Members Present Chairman C. Baksa
Councillor E. Moss
Representatives B. M°Kellar
R. Steinbach
Planner T. Henry
Development Officer P. Urban
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
Moved by Councillor Moss that Councillor Musgrove be excused from this meeting. Carried.
3. Minutes
1. February 25, 2003
Minutes of the February 25, 2003 meeting were presented to the Commission. Moved by B.
M`Kellar that we adopt these minutes as amended. Carried.
4. Call for Post Agenda Items
The Chairman called for post agenda items.
5. Adoption of A enda
Moved by R. Steinbach that the agenda be adopted as amended. Carried.
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 Housing
There was no further information on this item.
March 25, 2003 Municipal Planning Commission Page 26
2. 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.
3. Requirements for Subdivisions
The Development Officer presented an amended Subdivision Application form to the Commission.
Moved by Councillor Moss that we adopt the subdivision application form as amended. Carried.
4. 03 NL 001 - NW i5-15-13-W4 -Division 1
Kern, Frank & Mar~arete -Farmstead Separation
Moved by Councillor Moss that we lift this application from the table. Carried. Moved by R.
Steinbach that we recommend to Council approval of Subdivision Application 03 NL 001 for a
farmstead separation within the NW 15-15-13-W4 subject to the following conditions:
1. The registration of a caveat for the dedication of a 5-metre strip of land along the westerly
boundary 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.
2. 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.
3. 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.
4. 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.
5. The applicant meeting all the 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.
7. The applicant entering into a Rural Water Use Purposes Agreement with the Eastern Irrigation
District and providing a copy of this agreement to the County.
Carried.
02 NL 033 - NE 16-18-16-W4 -Division 5
Pierson, Dwight -Farmstead Separation
Cheryl Pierson and adjacent landowner Wendell Rommens were in attendance to present information
on this application. Subdivision Application 02 NL 033 was referred back from Council with
instructions to reconsider it as a 9.9 acre subdivision. Moved by B. 1VfKellar 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.
Business from Minutes (cont'd)
5. MPC B
The Administrator circulated a proposed new MPC Bylaw for their review. This item will be brought
back to the next meeting.
March 25, 2003 vlunicipal Planning Commission Page 27
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6. Bantry Bav -Land Use Amendment
Moved by R. Steinbach that we recommend to Council consideration be given to a bylaw to re-
°'~ designate a portion of the SW 5-18-14-W4 from A -Agricultural District to MHP -Mobile Home
Park District. Carried.
8. Lake Newell Resort Area Structure Plan
Applicant: Rod Potrie, Planning Protocol Inc.; Owner: Jeet Shergill, K300 Financial Corp; and
Planner: Jamal Ramjohn, EBA Engineering Consultants Ltd., were in attendance to present
information on the Lake Newell Resort Area Structure Plan. Moved by R. Steinbach that we
recommend to Council consideration be given to first reading of a bylaw to adopt the Lake Newell
Resort Area Structure Plan. Carried.
Lunch
The Commission recessed for lunch from 11:50 a.m. to 1:10 p.m.
Council & S.D.A.B. Report
The Chairman gave this report.
10. Development Report -February 14, 2003 to March 18, 2003
~" Moved by B. M`Kellar that we accept the Development Report. Carried.
11. Correspondence
Town of Brooks -Village of Rosemary Subdivision Application 03 RO 001
A letter from the Town of Brooks, requesting comments on Village of Rosemary Subdivision
Application 03 RO 001, was presented to the Commission. The Commission had no concerns with
this subdivision.
12. Development Permits
1. Permit #2480 - NW 15-22-19-W4 -Division 6
Fairville Hutterian Brethren -Jacob Waldner -Addition to School
Moved by Councillor Moss that we grant approval to Development Permit #2480, for an addition to
the school located within the NW 15-22-19-W4 subject to the following conditions:
1. The proposed development complying with all Federal, Provincial and Municipal statutes,
regulations, codes and standards.
2. The proposed development complying with the provisions of Section 49 of Land Use Bylaw
# 1004-90 pertaining to the A -Agricultural District.
March 25, 2003 Municipal Planning Commission Page 28
3. The developer ensuring the following setbacks are maintained for the proposed development:
Front Side Flankage Rear
*40 m **3 m *40 m **3 m
* Minimum distance from the centreline of public roadways or secondary highways
**Minimum distance from property lines
4. The proposed development 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 ensuring there is proper disposal of sewage and waste from this use.
7. The developer providing the Development Officer with a copy of a building permit issued by a
licensed, accredited inspection agency for the County of Newell prior to the commencement of
construction.
8. The developer ensuring an adequate supply of water is provided for this use.
9. The developer ensuring the property is maintained to the satisfaction ofthe Development Officer.
10. The developer ensuring construction materials, supplies and equipment are stored on the property
and not on the public roadway.
11. The developer ensuring the continuous clean up of construction debris tracked onto the public
roadway where access is provided to the property.
12. 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.
2. Permit #2481 - Pt. SW 5-19-15-W4 -Division 5
McRae, Eugene -Temporary Residential Unit for Family Members
Moved by R. Steinbach that we consider this "Temporary Residence" to be a "Dwelling Unit" which
is a discretionary use within the A -Agricultural District and that we grant approval to Development
Permit #2481 for a temporary residence to be located within a portion of the SW 5-19-15-W4 for a
period of three years subject to the following conditions:
1. The proposed development complying with all Federal, Provincial and Municipal statutes,
regulations, codes and standards.
2. The proposed development complying with the provisions of Section 49 of Land Use Bylaw
# 1004-90 pertaining to the A -Agricultural District.
3. The developer ensuring the following setbacks are maintained for the proposed development:
Front Side Rear
*40 m **3 m **3 m
* Minimum distance from the centreline of public roadways or secondary highways
**Minimum distance from property lines
4. The proposed development 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 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 County ofNewell prior to the commencement
of construction.
8. The developer ensuring an adequate supply of water is provided for this use.
9. The developer ensuring the property is maintained to the satisfaction ofthe Development Officer.
10. The developer ensuring construction materials, supplies and equipment are stored on the property
and not on the public roadway.
11. The developer ensuring the continuous clean up of construction debris tracked onto the public
roadway where access is provided to the property.
March 25, 2003 Municipal Planning Commission Page 29
12. The developer ensuring the manufactured home is skirted with materials the same as or
consistent with the remainder of the building.
13. The developer ensuring the Building Character and Design of the manufactured home is
'~ consistent with other buildings in the vicinity.
14. The developer ensuring the temporary residence is occupied by the persons identified in the
March 9, 2003 letter submitted to the County of Newell.
15. The developer ensuring the temporary residence is not used for rental purposes.
Carried.
3. Permit #2482 - Pt. NE 33-18-15-W4 -Division 5
Smith, Leo & Zelma -Single Family Dwelling with Accessory Building
Moved by Councillor Moss that we grant approval to Development Permit #2482 for a Single Family
Dwelling and Accessory Building to be located within a portion of the NE 33-18-15-W4 subject to
the following conditions:
1. The proposed development complying with all Federal, Provincial and Municipal statutes,
regulations, codes and standards.
2. The proposed development complying with the provisions of Section 49 of Land Use Bylaw
# 1004-90 pertaining to the A -Agricultural District.
3. The developer ensuring this development is located as shown on the site plan submitted on
March 17, 2003. Any changes to that plan shall require the written approval of the Development
Officer.
4. The proposed development 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 an adequate supply of water is provided for this use.
9. The developer ensuring the property is maintained to the satisfaction ofthe Development Officer.
10. The developer ensuring construction materials, supplies and equipment are stored on the property
and not on the public roadway.
11. The developer ensuring the continuous clean up of construction debris tracked onto the public
roadway where access is provided to the property.
12. The developer ensuring the following setbacks are maintained for the proposed development:
Front Side Flankage Rear
* 40 m **3 m *40 m **3 m
* Minimum distance from the centerline of public roadways or secondary highways
** Minimum distance from property lines
13. The developer ensuring there is proper and legal access to this development. The developer must
supply the County with copies of registered easements for access prior to the commencement of
construction.
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, if required.
I5. The developer providing the County of Newell with a copy of an approved Roadside
Development Permit issued by Alberta Transportation.
16. There being no objections received from the Eastern Irrigation District.
,--
March 25, 2003 Municipal Planning Commission Page 30
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17. The developer ensuring the accessory building is consistent with the purpose of the land use
district and that the design, character and appearance of the building is compatible with other
buildings in the vicinity.
18. The developer ensuring the accessory building is not used for commercial purposes.
Carried.
4. Permit #2483 - SW 6-18-12-W4 -Division 2
Applicant: Bell West Inc. -Owner: Fieldberg, Melvin -Accessory Buildine
Moved by R. Steinbach that we grant approval to Development Permit #2483 for an accessory
building to be located within the SW 6-18-12-W4 subject to the following conditions:
1. The proposed development complying with all Federal, Provincial and Municipal statutes,
regulations, codes and standards.
2. The proposed development complying with the provisions of Section 49 of Land Use Bylaw
# 1004-90 pertaining to the A-Agricultural District.
3. The developer obtaining all required permits (electrical, building, heating & ventilation, gas and
plumbing) from an accredited inspection agency.
4. 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.
5. The developer ensuring the property is maintained to the satisfaction ofthe Development Officer.
6. The developer ensuring construction materials, supplies and equipment are stored on the property
and not on the public roadway.
7. The developer ensuring the following setbacks are maintained for the proposed development:
Front Side Rear
*40 m **3 m **7.5 m
* Minimum distance from the centerline of public roadways or secondary highways _
** Minimum distance from property lines
8. The developer ensuring suitable fencing is provided to prevent unauthorized entry into the
ancillary building.
9. The developer providing the County of Newell with a copy of an approved Roadside
Development Permit issued by Alberta Transportation.
10. The developer ensuring this development shall be located as shown on the site plan submitted
March 17, 2003. Any changes to that plan shall require the written approval of the Development
Officer.
11. All maintenance of the access road and turn-around area are the responsibility of the developer.
Carried.
13. Home Occupation Permits
1. Permit #143 - NW 12-20-15-W4 -Division 8
Wildschut, Collin (operating as Red Roof Studio)
Photo Studio and Art Gallery
Moved by Councillor Moss that we grant approval to Home Occupation Permit #143 for a Photo
Studio and Art Gallery to be located within the NW 12-20-15-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 51 of Land Use Bylaw # 1004-90 pertaining
to the CR -Country Residential District.
March 25, 2003 Municipal Planning Commission Page 31
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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 there is no outside storage of goods or materials on this parcel related
to the home occupation.
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 may be either revoked or renewed for another year by the Municipal Planning Commission.
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.
14. Subdivisions
There were no subdivision applications.
15. Land Use Chances
1. Applicant: Sewell, Cliff- Pt. SE 30-18-14-W4 -Division 5
From LI -Light Industrial District to DC -Direct Control District
Moved by B. M`Kellar that we recommend to Council consideration be given to a bylaw to re-
f"' designate a portion of the SE 30-18-14-W4 from LI -Light Industrial District to DC -Direct Control
District and that it include the 100' strip to the north of the subject property. Carried.
16. Other Business
1. Antelope Development Corporation -Lake Newell Resort -Division 6
Plan 9411173. Units 22 & 23 -Development Permit Expiration
Moved by B. M`Kellar that we hire a lawyer and proceed with the process of removal of the
unfinished residences located on Units 22 & 23, Plan 9411173 as they are unsightly, pose a potential
hazard and the development permits have expired. Carried.
2. Pratt, Lester & Mary -Plan 00113386, Block 1 (NW 17-16-13-W4)
Accumulation of Vehicles -Division 1
Direction was given to disregard the accumulation of vehicles on this property until a written
complaint has been received.
3. Land Use Bvlaw/Municipal Development Plan Public Meetings
Discussion was held on the Land Use Bylaw/Municipal Development Plan Public Meetings.
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March 25, 2003 Municipal Planning Commission Page 32
17. Post Agenda Items
1. 02 NL 029 - NW 19-18-14-W4 -Division 5
Applicant: Switzer, Ron -Owner: Martin, Dean
To Create 9 Industrial Lots
Moved by R. Steinbach that we recommend to Council approval of Subdivision Application 02 NL
029 for the creation of 9 industrial lots to be located within the NW 19-18-14-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. At the time of applying for a development permit, a geotechnical report being required for that
specific lot.
3. 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.
4. 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.
5. The applicant meeting all the requirements of the Eastern Irrigation District with respect to the
conveyance of water, as well as easements.
6. The applicant entering into a Rural Water Use Purposes Agreement with the Eastern Irrigation
District and providing evidence of this agreement.
7. All outstanding municipal taxes being paid prior to endorsement.
8. The applicant entering into a development agreement for the development of this subdivision as
identified under Section 655 ofthe Municipal Government Act. The preparation and registration
of the agreement will be at the cost of the applicant. Included in the development agreement will
be the designee of who maintains the municipal reserve and waterlines.
9. The applicant providing municipal reserve in the form of a deferred reserve caveat to be
registered against NW-19-18-14-W4. The amount required for the deferred reserve is the area
shown in the Martin Industrial Area Structure Plan.
10. The Martin Industrial Area Structure Plan being adopted.
Carried.
2. Eastern Irrigation District Water Agreements
This item was discussed during the discussion on requirements for subdivisions earlier in the
meeting.
3. Permit #2484 -Plan 8310515, Block 1, Lot 6 (NE 8-19-14-W4) -Division 10
Applicant: Schimmel, Tony
Owners: Schimmel, Tony & Patricia and Bandura, Joseph & Sandra
Moved in Building for the Purpose of an Office
Moved by B. M°Kellar that we grant approval to Development Permit #2484 for a moved in building
to be located on Plan 8310515, Block 1, Lot 6 (within the NE 8-19-14-W4) for the purpose of an
office subject to the following conditions:
1. The proposed development complying with all Federal, Provincial and Municipal statutes,
regulations, codes and standards.
2. The proposed development being located as shown on the site plan submitted March 20, 2003.
Any changes to this plan shall require the written approval of the Development Officer.
3. The proposed development complying with the provisions of Section 54 of Land Use Bylaw
#1004-90 pertaining to the I-Industrial District.
March 25, 2003 Municipal Planning Commission Page 33
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4. The developer ensuring the following setbacks are maintained for the proposed development:
Front Side Flankage Rear
*7.5 m **3 m **7.5 m **3 m
~" *Minimum distance from the centreline of service roads or subdivision streets
**Minimum distance from property lines
5. The proposed development complying with the Alberta Building Code where applicable.
6. The developer obtaining all required permits (electrical, building, heating & ventilation, gas and
plumbing) from an accredited inspection agency.
7. The developer providing the Development Officer with a copy of a building permit issued by a
licensed, accredited building inspection agency for the County of Newell prior to the
commencement of this development.
8. The developer ensuring access can be provided for Emergency Services vehicles on all sides of
the building.
9. The developer ensuring adequate water for fire suppression is provided for this development.
10. The developer ensuring there is proper disposal of sewage and waste from this use.
11. The developer ensuring an adequate supply of water is provided for this use.
12. The developer being responsible for the relocation and modification of franchise utilities
required for the proposed development.
13. The developer ensuring the site is graded so that storm water does not drain onto adjoining
properties.
14. The developer ensuring the property is maintained to the satisfaction ofthe Development Officer.
15. The developer ensuring construction materials, supplies and equipment are stored on the property
and not on the public roadway.
16. The developer ensuring the continuous clean up of construction debris tracked onto the public
roadway where access is provided to the property.
17. The developer ensuring all hazardous waste materials are properly disposed of in regulated
facilities.
18. The developer ensuring there is no contamination of soil, surface or groundwater from this use.
19. The developer ensuring the moved in building is placed on concrete pilings within six months
from the date of approval.
20. The developer ensuring all outdoor garbage containers are covered and screened from the public
roadways.
21. The developer providing adequate parking for this development at a rate of:
a) one (1) stall per 96mZ /net area of buildings or
b) one (1) stall per three employees
whichever is greater.
22. The developer ensuring the moved in building is sided of materials the same as or consistent with
the exterior finish of the existing buildings.
23. There being no objection received from the Town of Brooks.
24. There being no objection received from the Brooks Fire Department.
Carried.
4. Permit #2488 -Plan 0310804, Block 1, Lot 1(NW 36-14-14-W4) Division 1
Pa ne Krista -Sin le Famil Dwellin Read -to-Move
Moved by R. Steinbach that we grant approval to Development Permit #2488 for aready-to-move
single family dwelling to be located on Plan 0310804, Block 1, Lot 1 (within the NW 36-14-14-W4)
subject to the following conditions:
1. The proposed development complying with all Federal, Provincial and Municipal statutes,
regulations, codes and standards.
2. The proposed development complying with the provisions of Section 49 of Land Use By-Law
#1004-90 pertaining to the A -Agricultural District.
March 25, 2003 Municipal Planning Commission Page 34
3. The developer ensuring this development is located as shown on the site plan submitted on
March 24, 2003. Any changes to that plan shall require the written approval of the Development
Officer.
4. The proposed development 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 an adequate supply of water is provided for this use.
9. The developer ensuring the property is maintained to the satisfaction of the Development Officer.
10. The developer ensuring construction materials, supplies and equipment are stored on the property
and not on the public roadway.
11. The developer ensuring there is continuous clean up of construction debris tracked onto the
public roadway where access is provided to the property.
12. The developer ensuring the following setbacks are maintained for the proposed development:
Front Side Flankage Rear
*40 m **3 m *40 m **3 m
* Minimum distance from the centerline of public roadways or secondary highways
** Minimum distance from property lines
13. The developer ensuring there is proper and legal access to this development.
14. The developer ensuring the existing residence is not used for living purposes.
15. There being no objections from the Agricultural Service Board.
Carried.
18. Question Period
A question period was held.
19. Information Items
There were no information items.
20. Adjourn
The Chairman declared the meeting adjourned at 2:38 p.m. Carried.
~~~ ._ _
CHAIRMAN ADMINISTRATOR
March 25, 2003 Municipal Planning Commission Page 35