HomeMy WebLinkAbout2003-08-26 Municipal Planning Commission (Regular) Minutes~~
County of Newell No. 4
,~-- Minutes of Municipal Planning Commission Meeting
` August 26, 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, August 26, 2003 commencing at 10:02 a.m.
Members Present Chairman C. Baksa
Councillors G. Musgrove
E. Moss
Members 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 10:02 a.m.
.~-~ 2. Excused from Meeting
All members were in attendance at this meeting.
3. Minutes
1. July 29, 2003
Minutes of the July 29, 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 Agenda
Moved by Councillor Musgrove that the agenda be adopted as amended. Carried.
August 26, 2003 Municipal Planning Commission Page 79
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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
Moved by Councillor Moss that we recommend to Council that Subdivision Application O1 NL
034 be denied as it does not conform with the Lake Newell Reservoir Resort Area Structure
Plan. Carried. Moved by Councillor Moss that we recommend to Council that we retain the
$500.00 subdivision application fee and refund the $2,600.00 lot fee. Carried.
b) 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
The Chairman declared a potential conflict of interest and left the meeting. The Vice Chairman,
G. Musgrove, assumed the Chair.
Moved by R. Steinbach that we recommend to Council approval of Subdivision Application 03
NL 006 for a County Residential Subdivision of Plan 8910353, Block 3, Lot 4 (within the SW
2-19-14-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.
7. The applicant signing the "One Tree Road Residential Development Declaration" as set out
in the One Tree Road Area Structure Plan.
Carried.
The Chairman returned to the meeting and assumed the Chair.
7. Council & S.D.A.B. Report
The Chairman and Administrator gave this report.
August 26, 2003 Municipal Planning Commission Page 80
8. Development Report -July 23, 2003 to August 12, 2003
"~ Moved by R. Steinbach that we accept the Development Report. Carried.
9. Correspondence
There were no Correspondence items.
10. Development Permits
Permit # 2544 - S''/z 16-21-18-W4 -Division 6
Maclean, Rod & Deborah (owners), Morrison Hershfield Limited (applicant)
Telecommunication Tower, Shelter & Fenced Compound
Moved by Councillor Moss that we classify this "Telecommunication Tower" as "Other Uses
of a Similar Nature" being a discretionary use within the OF -Urban Fringe District and that we
grant approval to Development Permit Application #2544 for the placement of a
telecommunication tower, shelter and fenced compound within the S `h 16-21-18-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.
b) The developer providing the Development Officer with a copy of an approved application
,,.-- issued by Canadian Radio-Television and Telecommunications Commission (CRTC).
c) The developer providing an updated plan of survey.
d) The developer providing evidence of an access agreement with EnCana Corporation
providing access to this development.
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 50 of Land Use Bylaw
#1004-90 pertaining to the OF -Urban Fringe District.
3. The developer ensuring the following setbacks are maintained for the proposed
development:
Front Side Rear
*40 m **3 m **7.5 m
* Minimum distance to be maintained from centreline of public roadways or secondary
highways
** 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.
August 26, 2003 Municipal Planning Commission Page 81
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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 the development of a 75 m (246.06 ft) guyed --
communication tower with moved-in prefabricated shelter and fenced compound within the
S '/z 16-21-18-W4, any additional development shall require prior approval of a separate
permit application.
9. The developer ensuring the site is graded so that storm water does not drain onto adjoining
properties.
10. The developer ensuring there is proper and legal access provided to the property.
11. The developer ensuring that the tower is lighted with strobe lighting acceptable to Transport
Canada regulations to ensure high visibility to low flying aircraft for day and night time
operations. The strobe lighting shall be installed midway up the tower and at the top of the
tower.
Carried.
2. Permit #2545 -Plan 9611086, Block 1 (SE 36-18-15-W4) -Division 5
Smith, Byron & Jane (Owners), MacDonald, Cliff (Applicant)
Construction of Oversized Accessory Building
Moved by Councillor Musgrove that we postpone making a decision on this application pending
a review of amendments to Highway 542 Area Structure Plan. Carried.
3. Permit #2546 - Pt. NE 4-19-14-W4 -Division 10
Charlton, Johnny (Owner/Applicant)
Temporary Placement of Mobile Home
Moved by B. M`Kellar that we classify this "Temporary Residence" as a "Mobile Home" being
a discretionary use with the OF -Urban Fringe District and that we grant approval to
Development Permit Application #2546 for a temporary residence, being a mobile home, to be
located within a portion of the NE 4-19-14-W4 for a period of three years, with an option to
renew, where the following are required prior to placement of the mobile home 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.
b) The applicant entering into a Rural Water Use Purposes Agreement with the Eastern
Irrigation District and providing evidence of this agreement.
c) 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.
d) The developer providing the Development Officer with an accurate site plan for the
proposed development.
And subject to the following conditions:
1. The proposed development complying with all Federal, Provincial and Municipal statutes,
regulations, codes and standards.
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2. The proposed development con
~ # 1004-90 pertaining to the OF
3. The developer ensuring the
development:
Front Side
*40 m **3 m
iplying with the provisions of Section 50 of Land Use Bylaw
-Urban Fringe District.
following setbacks are maintained for the proposed
Flankage
*40 m
* Minimum distance to be maintained from the centreline of public roadways or secondary
highways
**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
August 11, 2003, any changes to that plan shall require the written approval of the
Development Officer.
10. This permit is being granted only for the placement of a temporary residence, being a mobile
r- home, for the period of three years, on lands legally described as Pt NE 4-19-14-W4, any
additional development shall require prior approval of a separate permit application.
11. The developer ensuring the site is graded so that storm water does not drain onto adjoining
properties.
12. The developer ensuring there is proper and legal access provided to the property.
13. The developer ensuring there is proper disposal of sewage and waste from this use.
14. The developer ensuring an adequate supply of water is provided for this use.
15. The developer ensuring the building design, character and appearance of the proposed
building and addition are consistent with other buildings in the vicinity.
16. The developer ensuring the mobile home is skirted with materials the same as or consistent
with the remainder of the building.
17. The developer ensuring the proposed accessory building is not used for conducting a
business or commercial operation.
18. The developer ensuring the mobile home is removed three years from the date of approval
unless renewal has been applied for and granted prior to that date.
Carried.
August 26, 2003 Municipal Planning Commission Page 83
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4. Permit #2547 -Plan 0011232, Block 2, Lot 2 (NW 12-20-15-W4) -Division 8
Zigopoulus, George & Sophia (Owners), McKenzie, Aaron (Applicant) _
Moved-In Mobile Home with Attached Garage
Moved by Councillor Musgrove that we classify this use as a "Mobile Home" being a
discretionary use and an "Accessory Building" being a permitted use within the CR -Country
Residential District and that we grant approval to Development Permit Application #2547 for
the placement of a mobile home and the construction of an attached accessory building on Plan
0011232, Block 2, Lot 2 (within the NW 12-20-15-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.
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 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 Rear
*40 m **3 m **7.5 m
* Minimum distance to be maintained from centreline of public roadways or secondary
highways -
** 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
August 12, 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 amoved-in 1996 mobile home with
the construction of an attached garage on Plan 0011232 Block 2 Lot 2 (within the NW 12-
20-15-W4), any additional development shall require prior approval of a separate permit
application.
11. The developer ensuring the site is graded so that storm water does not drain onto adjoining
properties.
12. The developer ensuring there is proper and legal access provided to the property.
August 26, 2003 Municipal Planning Commission Page 84
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13. The developer ensuring there is proper disposal of sewage and waste from this use.
14. The developer ensuring an adequate supply of water is provided for this use.
.-- 15. The developer ensuring the building design, character and appearance of the proposed
buildings are consistent with other buildings in the vicinity.
16. The developer ensuring the mobile home is skirted with materials the same as or consistent
with the remainder of the building.
17. The developer ensuring the accessory building does not exceed 100 m2 (1,076 ft2) in area.
18. The developer ensuring the accessory building does not exceed 4 m (13.1 ft) in height.
19. The developer ensuring the accessory building walls do not exceed 3 m (9.8 ft) in height.
20. The developer ensuring the proposed accessory building is not used for living purposes.
21. The developer ensuring the parcel is not used for conducting a business or commercial
operation.
Carved.
5. Permit #2548 -Plan 0311968, Block A, Lot 2 (NW 31-18-15-W4) -Division 5
Wigemyr, Dwight & Becky (Owners), White, Sean (Applicant)
Temporary Placement of Mobile Home with Two Additions
Moved by R. Steinbach that we classify this use as a "Mobile Home" being a discretionary use
within the CR2 -Country Residential 2 District and that we grant approval for Development
Permit Application #2548 for the temporary placement of a 1979 mobile home with two
additions onto Plan 0311968, Block A, Lot 2 (within the NW 31-18-15-W4) for a period of three
years, with an option to renew, 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.
b) The developer entering into a Rural Water Use Purposes Agreement with the Eastern
Irrigation District and providing evidence of this agreement.
c) The developer providing the County of Newell with an Irrevocable Letter of Credit in the
amount of $5,000 to ensure the siding and skirting are completed as indicated in application
#2548.
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 52 of Land Use Bylaw
#1004-90 pertaining to the CR2 -Country Residential 2 District.
3. The developer ensuring the following setbacks are maintained for the proposed
development:
Front Side Flankage Rear
*40 m **3 m ***7.5 m **7.5 m
* Minimum distance to be maintained from the centreline of public roadways or secondary
highways
** Minimum distance to be maintained from property lines
*** Minimum distance to be maintained from subdivision streets of service roads
4. The proposed development complying with the Alberta Building Code where applicable.
r---
August 26, 2003 Municipal Planning Commission Page 85
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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 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
August 11, 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 amoved-in 1979 mobile home with
two additions, for the period of three years, on Plan 0311968 Block A Lot 2 (within the NW
31-18-15-W4), any additional development shall require prior approval of a separate permit
application.
11. The developer ensuring the site is graded so that storm water does not drain onto adjoining
properties.
12. The developer ensuring there is proper and legal access provided to the property.
13. The developer ensuring there is proper disposal of sewage and waste from this use.
14. The developer ensuring an adequate supply of water is provided for this use.
15. The developer ensuring the building design, character and appearance of the proposed
buildings are consistent with other buildings in the vicinity.
16. The developer ensuring the exterior of the proposed additions are sided with materials the
same as, or consistent with, the exterior of the existing building.
17. The developer ensuring the mobile home is skirted with materials the same as or consistent
with the remainder of the building.
18. The developer ensuring the parcel is not used for conducting a business or commercial
operation.
Carried.
6. Permit #2549 - NW 12-18-14-W4 -Division 5
MacIntyre, Donald (Owner/Applicant)
Moved-In Mobile Home for Additional Agricultural Residence
Moved by R. Steinbach that we postpone making a decision on this application until we receive
more information. Carried.
August 26, 2003 Municipal Planning Commission Page 86 ~°
7. Permit #2550 -Plan 9411173, Block 1, Unit 22 (Lake Newell Resort) -Division 5
Key Savings & Credit Union (Owner), Wight, Nick (Applicant)
.-~ Completion and Change in Use of Existing Partially Constructed Building
Moved by Councillor Moss that we classify this use as a "Single Family Dwelling Unit" being
a permitted use within the RR2 -Resort Multi Family Residential District and that we grant
approval for Development Permit Application #2550 for the change in use of the existing
building located on Plan 9411173, Block 1, Unit 22, 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.
b) The developer providing the Development Officer with a letter from the Lake Newell Resort
Condominium Association, approving this development.
c) The developer providing the Development Officer with a letter from the Palliser Health
Authority ensuring the building is suitable for human habitation.
d) The developer providing an updated plan of survey of the property.
e) The developer erecting the fence on the west side of the property boundary ensuring
complete enclosure of the building located on Plan 9411173 Block 1 Unit 23. All this work
shall be at no cost to the County and completed to the satisfaction of the Development
Authority.
f) The developer providing the County of Newell with an irrevocable letter of credit in an
amount equal to 125% of the cost to complete the project as outlined in application #2550
and in these conditions.
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 63 of Land Use Bylaw
#1004-90 pertaining to the RR2 -Resort Multi Family Residential District.
3. The developer ensuring the following setbacks are maintained for the proposed
development:
Front Side Rear
*3 m **1.5 m **7.5 m
* Minimum distance to be maintained from the 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.
,,--,
August 26, 2003 Municipal Planning Commission Page 87
9. This permit is being granted only for the change in use of the existing building and the
completion of construction on Plan 9411173 Block 1 Unit 22, any additional development
shall require prior approval of a separate permit application.
10. The developer ensuring an adequate supply of water is provided for this use.
11. The developer ensuring there is proper disposal of sewage and waste from this use.
12. The developer ensuring that the residence does exceed a height of 10 m (32.8 ft) from the
average finished grade to the highest point on the residence.
13. The developer ensuring that all drainage shall be directed onto the property and not onto
adjacent properties.
14. The developer ensuring landscaping of the property is complete within one year from the
date of approval.
15. The developer satisfying the requirements of the Lake Newell Resort Architectural Control
Board.
16. The developer ensuring that this development conforms to the Lake Newell Resort
Architectural guidelines. A hard surface driveway shall be installed along with sidewalk by
the developer prior to the occupancy of the residence.
17. The developer ensuring a deck is installed with the dimensions of 3.24 m x 8.54 m (8 ft x
28 ft) along the rear elevation of the proposed building.
18. Approval being granted under Section 39(2)(b) of the land use bylaw for the rear deck to
encroach 2.44 m (8 ft) onto the rear yard setback requirement of 7.5 m (24.6 ft).
Carried.
11. Home Occupation Permits
1. Permit #148 -Plan 9612460, Block 2, Lot 1 (NW 3-19-14-W4) Division 10
Boyd, Dina - Consigmnent & Sale of Used Baby Items
Moved by R. Steinbach that we classify this use as a "Home Occupation" being a discretionary
use within the CR2 -Country Residential 2 District and that we grant approval for Home
Occupation Permit #148 for the consignment and sale of used baby items on Plan 9612460,
Block 2, Lot 1 (within the NW 3-19-14-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. Total number ofoff--site employees, not including the occupants of the residence involved
with the said occupation, shall not exceed 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 being valid until December 31, 2004, at which time it maybe either revoked or
renewed by the Development Authority.
Carried.
August 26, 2003 Municipal Planning Commission Page 88
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12. Subdivisions
.~-- 1. 03 NL 009 -Plan 2123 FB, Block 1, Lots 14 & 15 (SE 6-15-13-W4) Division 1
Kristianson, Arline (owner) -Lawson, Barbara (applicant)
Subdivision of 2 HR -Hamlet Residential District Lots to Create 4 Lots
Moved by Councillor Musgrove that we postpone making a decision on this application until we
receive a recommendation from the Rolling Hills Hamlet Advisory Committee. Carried.
13. Land Use Changes
There were no Land Use Change applications.
14. Other Business
1. Proposal to Increase Fines
A Proposal to Increase Fines was presented to the Commission. Moved byB. M°Kellar that this
item be referred to the next meeting. Carried.
15. Post Agenda Items
1. Town of Brooks - Bvlaw 03/07 -Amendment to Southeast Sector Area Structure Plan
The Planner presented a background report on the amendments to the Southeast Sector Area
Structure Plan. A letter will be sent to the Town of Brooks indicating that we have no objections
to the proposed amendments to the Southeast Sector Area Structure Plan.
2. October Meeting Date
Moved by Councillor Moss that the October 2003 Municipal Planning Commission meeting be
moved to October 30, 2003. Carried.
3. 2004 Retreat
It was the consensus of the Commission that we ask Council to budget for a two day Municipal
Planning Commission retreat in 2004. This retreat is to be held within the Town of Brooks.
August 26, 2003 Municipal Planning Commission Page 89
16. Question Period
A question period was held.
17. Information Items
There were no information items.
18. Adjourn
The Chairman declared the meeting adjourned at 12:06 p.m.
C'~.c~0..
CHAIRMAN
ADMINISTRATOR
August 26, 2003 Municipal Planning Commission Page 90