HomeMy WebLinkAbout2003-07-29 Municipal Planning Commission (Regular) Minutes
County of Newell No. 4
Minutes of Municipal Planning Commission Meeting
'" July 29, 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, July 29, 2003 commencing at 10:00 a.m.
Members Present
1. Call to Order
Chairman
Councillors
Planner
Development Officer
Assistant Administrator
Recording Secretary
The Chairman called the meeting to order at 10:00 a.m.
2. Excused from Meeting
C. Baksa
G. Musgrove
E. Moss
T. Henry
P. Urban
N. Moriyama
P. Garrett
Moved by Councillor Musgrove that Members B. M°Kellar and R. Steinbach be excused from
~" this meeting. Carried.
3. Minutes
1. June 24.2003
Minutes of the June 24, 2003 meeting were presented to the Commission. Moved by Councillor
Moss 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 Councillor Musgrove that the agenda be adopted as amended. Carried.
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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.
2. Permit #2525 -Plan 2123FB Block 1 Lot 15 -Division 1
Kristianson, Arlene (owner), Lawson, Barb (applicant)
Change in Use of Building
Moved by Councillor Moss that we deny Development Permit Application #2525 for the change
in use of a building located within Plan 2123FB, Block 1, Lot 1 S from general storage to
seasonal residence as there is no building located on this lot, therefore it would contravene
Section 15(a) of Land Use Bylaw #1004-90. Carried.
3. Permit #146 -Plan 2123FB Block 1 Lot 15 -Division 1
Kristianson Arlene (owner), Lawson, Barb (applicant) -Bed & Breakfast
Moved by Councillor Moss that we deny Home Occupation Permit Application # 146 for a Bed
& Breakfast to be located within Plan 2123FB, Block 1, Lot 15 as this proposal is not consistent
with the definition of a Home Occupation. Carried.
4. Revised Development Permit Application Form
The Commission reviewed the revised Development Permit Application Form and indicated that
it should be used if the Development Officer was satisfied with the format.
7. Council & S.D.A.B. Report
The Chairman and Councillor Moss gave this report.
8. Development Report -June 18 2003 to July 22.2003
Moved by Councillor Musgrove that we accept the Development Report. Carried.
July 29, 2003 Municipal Planning Commission
Page 70
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9. Correspondence
,..._ 1. Town of Brooks -Bylaw 03/07 -Amendment to Southeast Sector Area Structure Plan
A letter from the Town of Brooks, regarding Bylaw 03/07 -Amendment to Southeast Sector
Area Structure Plan, was presented to the Commission. The Planner will request an extension
to the response time to obtain a copy of the original Area Structure Plan for comparison
purposes.
2. Town of Brooks - 2003 SUB 005 - Pt NE % 31-18-14-W4
A letter from the Town of Brooks, regarding 2003 SUB 005 - Pt NE 1 /3 31-18-14-W4, was
presented to the Commission. The Commission had no objections to this proposed subdivision.
The Commission expressed concern over the length of the circulation period given by the Town.
10. Development Permits
1. Permit # 2537 - SE 30-18-14-W4 -Division 5
TCB Welding & Construction (owner), Sewall, Bill (applicant)
Change in Use of Existing: Building to Accommodate Shop & Office Addition
e-- Applicant Bill Sewall was in attendance to present information on this application. Moved by
Councillor Musgrove that we classify this use as a "Welding and Repair Shop" and "Office"
being discretionary uses within the DC -Direct Control District and that we approve
Development Permit Application #2537 for the change in use of the existing building with a shop
and office addition on Pt SE 30-18-14-W4, where the following are required prior to
commencement of construction and issuance of this permit:
a) 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 and
b) the developer entering into a Rural Water Use Purposes Agreement with the Eastern
Irrigation District and providing evidence of this agreement,
and 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 69 of Land Use Bylaw
# 1004-90 pertaining to the DC -Direct Control 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.
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5. The developer obtaining all other required permits including electrical, heating & ventilation,
gas and plumbing from an accredited inspection agency and providing copies of the
applicable permits to the Development Officer prior to the commencement of construction.
6. The developer complying with the Alberta Fire Code where applicable. The developer shall
contact Mr. Kevin Swanson, Fire Chief, Brooks Rural Fire Department, 403-362-2331, to
ensure compliance with Fire Code Regulations or other matters related to fire protection. A
water supply, for fire protection, shall be provided in proximity to the property that is to the
satisfaction of the Brooks Rural Fire Department.
7. The developer ensuring access can be provided for Emergency Services vehicles to all sides
of the building.
8. The developer ensuring Emergency Services vehicular access can be provided from the
proposed building to the proposed water hydrant, or other water source.
9. The developer ensuring an adequate supply of water is provided for this use.
10. The developer ensuring the site is graded so that storm water does not drain onto adjoining
properties.
11. The developer ensuring there is proper and legal access provided to the property.
12. The developer ensuring there is proper disposal of sewage and waste from this use.
13. The developer ensuring the property is maintained to the satisfaction of the Development
Officer.
14. The developer ensuring construction materials, supplies and equipment are stored on the
property and not on the public roadway.
15. The developer ensuring the continuous clean up of construction debris tracked onto the
public roadway where access is provided to the property.
16. The developer ensuring this development is located as shown on the site plan submitted on
June 27, 2003, any changes to that plan shall require the written approval of the
Development Officer.
17. This permit is being granted only for the development of a shop and office addition and for
the change in use of the existing building to accommodate this development within a Pt SE
30-18-14-W4 containing 5.36 acres, any additional development shall require prior approval
of a separate permit application.
18. The developer ensuring the design, character and appearance of the proposed building and
addition are consistent with other buildings in the vicinity.
19. The developer ensuring the exterior of the proposed addition is sided with materials the same
as, or consistent with, the exterior of the existing building.
20. The developer ensuring the overall area of the building does not exceed 958 mZ (10,318 ft.2).
21. The developer ensuring the building does not exceed 7 m (23 ft.) in height.
22. The developer ensuring landscaping of the property is complete within two years from the
date of approval.
23. The developer ensuring all hazardous waste materials are properly disposed of in regulated
facilities.
24. The developer ensuring there is no contamination of soil, surface water or groundwater from
this use.
25. The developer ensuring all outdoor garbage containers are covered and screened from the
public roadways.
26. The developer ensuring there is adequate parking available for this use.
27. The developer ensuring that an appropriate form of dust suppression is utilized for this site.
Carried.
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2. Permit #2536 -Plan 8011346, Block 1, Lot S %Z 4 (Pt. SE 25-18-15-W4) -Division 5
Dreger, Garth -Variance to LUB to Construct Oversized Accessory Building
Moved by Councillor Moss that we classify this use as an "Accessory Building" being a
permitted use within the CR -Country Residential District and that we approve Development
Permit Application #2536 for the construction of an oversized accessory building on Plan
8011346, Block 1, Lot S %Z 4 (within SE 25-18-15-W4) granting the following variances:
i) .88 m (2.88 ft.) to Section 51.7(3) for overall height,
ii) 1.26 m (4.26 ft.) to Section 51.7(4) for wall height; and
iii) 11 m2 (200 ft.2) to Section 51.7(5) for overall area,
where the following are required prior to commencement of construction and issuance of this
permit:
a) 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.
b) The developer entering into an agreement with the County of Newell for the installation
and/or upgrade of any required road approaches to the parcel.
And 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 51 of Land Use Bylaw
#1004-90 pertaining to the CR -Country Residential District.
3. The developer ensuring the following setbacks are maintained for the proposed development:
Front Side Flankage Rear
*7.5 m **3 m **7.5 m **7.5 m
~-- * Minimum distance to be maintained from subdivision streets or service roads
** Minimum distance to be maintained from property lines.
4. The proposed development complying with the Alberta Building Code where applicable.
5. The developer obtaining all other required permits including electrical, heating & ventilation,
gas and plumbing from an accredited inspection agency and providing copies of the
applicable permits to the Development Officer prior to the commencement of construction.
6. The developer ensuring the property is maintained to the satisfaction of the Development
Officer.
7. The developer ensuring construction materials, supplies and equipment are stored on the
property and not on the public roadway.
8. The developer ensuring the continuous clean up of construction debris tracked onto the
public roadway where access is provided to the property.
9. The developer ensuring this development is located as shown on the site plan submitted on
June 26, 2003, any changes to that plan shall require the written approval of the
Development Officer.
10. This permit is being granted only for the development of an accessory building on Plan
8011346 Block 1 S %Z Lot 4 (within the SE 25-18-15-W4), any additional development shall
require prior approval of a separate permit application.
11. 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 proposed building is compatible
with other buildings in the vicinity.
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12. The developer ensuring there is a 1.5 m (4.92 ft.) separation distance between the~proposed
accessory building and the existing buildings.
13. The developer ensuring the accessory building does not exceed 111 m2 (1,200 ft.Z) in area, "
as varied by the Municipal Planning Commission. --
14. The developer ensuring the accessory building does not exceed 4.88 m (16 ft.) in height, as
varied by the Municipal Planning Commission.
15. The developer ensuring the accessory building walls do not exceed 4.26 m (14 ft.) in height,
as varied by the Municipal Planning Commission.
16. The developer ensuring the proposed accessory building is not used for living purposes.
17. The developer ensuring the proposed accessory building is not used for conducting a
business or commercial operation.
Carried.
3. Permit #2540 - Pt. NW 17-21-16-W4 -Division 7
Klassen, Leslie & Lina -Single Family Dwelling
Moved by Councillor Moss that we classify this use as a "Dwelling Unit" being a discretionary
use within the A -Agricultural District and that we approve Development Permit Application
#2540 for the construction of a dwelling on Pt SW 33-33-20-15-W4 where the following are
required prior to commencement of construction and issuance of this permit:
a) 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.
b) The applicant entering into a Rural Water Use Purposes Agreement with the Eastern
Irrigation District and providing evidence of this agreement. _
c) The developer entering into an agreement with the County of Newell for the installation --
and/or upgrade of any required road approaches to the parcel.
And 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 other required permits including electrical, heating & ventilation,
gas and plumbing from an accredited inspection agency and providing copies of the
applicable permits to the Development Officer prior to the commencement of construction.
6. The developer ensuring there is proper disposal of sewage and waste from this use.
7. The developer ensuring an adequate supply of water is provided for this use.
8. The developer ensuring the property is maintained to the satisfaction of the Development
Officer.
July 29, 2003 Municipal Planning Commission Page 74
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9. The developer ensuring 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 this development is located as shown on the site plan submitted on
July 14, 2003, Any changes to that plan shall require the written approval of the
Development Officer.
12. This permit is being granted only for the development of asingle-family dwelling on Pt NW
17-21-16-W4, any additional development shall require prior approval of a separate permit
application.
13. The developer ensuring the proposed development does not encroach onto Pipeline Right-of-
Way Plan 8210687.
Carried.
4. Permit #2539 -Plan 0311834, Block 10, Lot 2 -Division 5
(NW 6-18-14-W4) Juska, Ray and Nesbitt, Jon
Recreational Vehicle Stora ea Compound
Applicant Ray Juska, Applicant Jon Nesbitt and Mara Nesbitt were in attendance to present
information on this application. Moved by Councillor Moss that we classify this use as
"Recreational Vehicle Storage" being a discretionary use within the RC -Resort Commercial
District and that we approve Development Permit Application #2539 for a recreational vehicle
storage compound to be built on Plan 0311834, Block 10, Lot 2 (within the NW 6-18-14-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 64 of Land Use Bylaw
# 1004-90 pertaining to the RC -Resort Commercial District.
3. The developer ensuring the site is graded so that storm water does not drain onto adjoining
properties.
4. The developer ensuring there is proper and legal access provided to the property.
5. The developer ensuring the property is maintained to the satisfaction of the 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 continuous clean up of construction debris tracked onto the
public roadway where access is provided to the property.
8. This permit is being granted only for a recreational vehicle storage compound on Plan 031
1834 Block 10 Lot 2 (within Pt NW 6-18-14-W4), any additional development shall require
prior approval of a separate permit application.
9. The developer ensuring there is no contamination of soil, surface or groundwater from this
use.
10. The developer ensuring that an appropriate form of dust suppression is utilized for this site.
11. The developer ensuring the property is not used for the sale, service and/or maintenance of
recreational vehicles.
July 29, 2003 Municipal Planning Commission Page 75
12. The developer ensuring the property is not used for the storage of wrecked or damaged
recreational vehicles or the associated components.
13. The developer ensuring the property is fenced with the appropriate fencing, maintained -
within the property boundaries and not on the public roadway, to the satisfaction of the --
Development Authority.
i4. The developer ensuring landscaping of the property is complete within two years from the
date of approval. All landscaping shall be outside the fenced area.
15. The developer providing the Development Officer a letter from the Lake Newell Resort
Condominium Association, approving this development prior to the commencement of
construction.
Carried.
11. Home Occupation Permits
There were no Home Occupation Permits.
12. Subdivisions
1. 03 NL 007 -Legal Subdivision 3 & Plan 9611051, Block 2 (SW 18-19-15-W4) Division 5
Murray, Brian & Eileen / Fehr, Greg (owners) -Christianson, Cam (applicant)
Boundary Adjustment to Expand Fehr Property to Have Garage Conform to LUB
Owner Greg Fehr, Applicant Cam Christianson, Jim & Jackie Murray and Legal Counsel Orval
Shantz were in attendance to present information on this application. Moved by Councillor
Moss that we recommend to Council approval of Subdivision Application 03 NL 007 for a -
boundary adjustment of Legal Subdivision 3 & Plan 9611051, Block 2 (within SW 18-19-15-
W4) subject to the following conditions:
1. The entire 10 m strip being consolidated with Plan 9611051, Block 1 (within SW 18-19-15-
W4).
2. 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.
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. 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.
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.
Carried.
July 29, 2003 Municipal Planning Commission Page 76
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A request for a fee reduction for the subdivision will be forwarded to Council for their
consideration.
2. 03 NL 006 -Plan 8910353, Block 3, Lot 4 (SW 2-19-14-W4) -Division 10
Liesch, Ron & Marilyn -Subdivision of Existing Lot to Create Two Lots
and Request for Application Fee Reduction
As the Chairman declared a potential conflict of interest with regard to this item, there was no
quorum to review this application. This application will be forwarded to the next Municipal
Planning Commission meeting.
3. 03 NL 008 - SE 3-16-16-W4 -Division 4
Eastern Irrigation District (owner) -Christianson, Cam / County of Newell (applicant)
Subdivision of Scandia Landfill Site
Moved by Councillor Musgrove that we recommend to Council approval of Subdivision
Application 03 NL 008 to allow for the reclamation of the old Scandia Landfill site located
within the SE 3-16-16-W4 subject to the following conditions:
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 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.
4. The applicant meeting all the requirements of the Eastern Irrigation District with respect to
the conveyance of water, as well as easements.
5. The applicant entering into a Rural Water Use Purposes Agreement with the Eastern
Irrigation District and providing evidence of this agreement.
6. All outstanding municipal taxes being paid prior to endorsement.
Carried.
12. Land Use Changes
There were no Land Use Change applications.
13. Other Business
There were no Other Business items.
July 29, 2003 Municipal Planning Commission Page 77
15. vnc A Q~~
1. ~oonsorshin to AACIP '~
The Planner read a letter from the Alberta Association Canadian Institute of Planners,requesting
sponsorship ~ thcir AACIP planning Conference. Moved by Councillor Musgrove that we
accept this letter as information. Carried.
16. Ouestion Period
A question period was held.
17, information Items
There were no information items.
Lunch
The Commission recessed for lunch from 11:48 a.m. to 1:00 p.m.
18. Adjqurn ~,,,
Moved by Councillor Moss that this meeting adjourn at 1:00 p.m. Carried.
CHAIRMAN
/e~~~ ~~~~G 1
ADMII~TISTRATOR
~1
July 29, 2003 Municipal Planning Commission Page 78
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