HomeMy WebLinkAbout2003-11-28 Municipal Planning Commission (Regular) MinutesC~
County of Newell No. 4
Minutes of Municipal Planning Commission Meeting
'~ November 28, 2003
The regular Municipal Planning Commission Meeting of the County of Newell No. 4 was held
in the County Office at Brooks, AB on Friday, November 28, 2003 commencing at 10:00 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 10:00 a.m.
,~... 2. Excused from Meeting
All members were in attendance at this meeting.
3. Minutes
1. November 4, 2003
Minutes of the November 4, 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. Permit #2566 - NE 31-20-14-W4 -Division 8
Cooper, Arthur & Elsie (Owners) Cooper, Elsie (Applicant)
Variance to Land Use Bvlaw -Rear Yard Setback
There was no new information on this item.
2. Advertising of Development Permits for Permitted Uses
A report on advertising development permits for permitted uses was presented to the
Commission. Moved by Councillor Moss that administration draft changes for the advertising
of development permits for permitted uses and that these be recommended to Council. Carried.
7. Dele atg ions
1. Mar Area Structure Plan
Engineers Ron Henchel and Dallas Wingerak, of Focus Intech, were in attendance to present
information on the Mar Area Structure Plan to the Commission. Moved by R. Steinbach that
we recommend to Council that consideration be given to first reading of a bylaw to adopt the
Mar Area Structure Plan once the following amendments have been incorporated into the Area
Structure Plan:
1. Figure 1 -change City of Brooks to Town of Brooks,
2. Page 5 -expand on drainage system,
3. Include reference to Figure 3,
4. Utility right-of--ways are to be at the front of the lots,
5. Amend text for Section 7.3: Stormwater Management, and
6. Reference to development agreement, please note that this will be addressed at the
subdivision stage.
Carried.
2. Amendment to Evergreen Industrial Area Structure Plan
Gerry Martin, of Evergreen Implements, and Engineer Ron Switzer, of Olympia Engineering,
were in attendance to present amendments to the Evergreen Industrial Area Structure Plan to the
Commission. Moved by Councillor Musgrove that we recommend to Council that consideration
be given to first reading of a bylaw to amend the Evergreen Industrial Area Structure Plan once
the following amendments have been incorporated into the Area Structure Plan:
1. Lot reconfiguration where proposed lots 7 and 8 will be consolidated into one and lots 4-6
will be made into 2 lots, thus creating a total of 61ots,
2. Reference to a development agreement needs to reflect that this is done at the subdivision
stage,
3. Referencing Figure 7 in Section 9.1,
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4. Utility right-of--ways are to be at the front of the lots and delete the option of in the road
right-of--ways,
~'~' S. Modify Section 5.2: Density and Statistics to reflect the change that no MR will be evident
for the development and corresponding note to the MR becoming a PUL, and
6. Referencing Figure 4 in the text.
Carried.
8. Council & S.D.A.B. Report
The Chairman and the Administrator gave this report.
9. Development Report -October 22, 2003 to November 20, 2003
Moved by B. M°Kellar that we accept the Development Report. Carried.
10. Correspondence
1. Town of Brooks - 2003 SUB 008 -Request for Comments
A letter from the Town of Brooks, requesting comments on Subdivision Application 2003 SUB
008, was presented to the Commission. Administration was directed to respond to the Town of
,,..._ Brooks expressing our concern regarding this development and the MDS for Martin Feedlot.
11. Development Permits
Permit #2572 -Plan 9812557, Block 3 (SE 1-19-15-W4) -Division 5
Shantz, Orval &Kibsey, Robert (Owners) Kibsey, Robert (Applicant)
Mobile Home Park Expansion
This item was referred to the next meeting.
2. Permit #2575 -Plan 9310544, Block 1, Lot 1 (NE 19-15-15-W4) -Division 4
County of Newell No. 4 (Owner) Bow Slope Rural Fire Association (Applicant)
Moved-In Building - Storage of Emergency Response Vehicle
Moved by R. Steinbach that we classify this "Moved-In Building" as an "Accessory Building"
being a discretionary use within the HC -Hamlet Commercial District and that approval be
granted for Development Permit Application #2575 for the development of amoved-in building,
being an accessory building, for the purposes of emergency response vehicular storage, on Plan
9310544, Block 1, Lot 1 (within the NE 19-15-15-4), where the following is required prior to
commencement of construction and issuance of this permit:
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a) A copy of the building permit issued by a licensed, accredited building inspection agency
for the County of Newell.
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 59 of Land Use Bylaw
#1004-90 pertaining to the HC -Hamlet Commercial District.
3. The developer ensuring the following setbacks are maintained for the proposed
development:
Front Side Rear
*3 m **0 m ***6 m
* Minimum distance to be maintained from subdivision streets or service roads
** One side yard shall be extended to 4.5 m where no lane exists
*** 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
October 20, 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 a moved in accessory building, for
the purposes of emergency response vehicular storage, on Plan 9310544, Block 1, Lot 1
(within the NE 19-15-15-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.
12. The developer ensuring the proposed building is situated on a permanent foundation within
six months from the date of approval.
13. The approval of County Council for the placement of this building on County property.
Carried.
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3. Permit #2576 -Plan 9510377, Block 4 (SE 30-20-14-W4) -Division 8
Torkelson, Allen (Owner) Torkelson, Allen (Applicant)
~ Moved-In Mobile Home
Moved by B. M`Kellar that we classify this "Moved-In Building" as a "Mobile Home" being a
discretionary use within the OF -Urban Fringe District and that approval be granted for
Development Permit Application #2576, for amoved-in building, being a mobile home, for the
purposes of an agricultural residence, on Plan 9510377, Block 4 (within the SE 30-20-14-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.
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.
c) The developer providing the County of Newell with an irrevocable letter of credit, or other
form of security to the satisfaction of the municipality, in the amount of $5,000.00 to ensure
that the requirements of this development are completed, as specified and the following
conditions are met within six months from the date of approval:
i new windows throughout;
ii new roofing materials;
iii new exterior finish;
iv new skirting, complimentary to the new exterior finish; 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 Flankage Rear
*40 m **3 m *40 m **3 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 an adequate supply of water is provided for this use.
7. The developer ensuring there is proper and legal access provided to the property.
8. The developer ensuring there is proper disposal of sewage and waste from this use. The
developer ensuring the appropriate type of septic system is utilized for this development.
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.
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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 this development is located as shown on the site plan submitted on
October 28, 2003, any changes to that plan shall require the written approval of the
Development Officer.
13. This permit is being granted only for the development of a moved in 1974 mobile home, for
the purposes of an agricultural residence, on Plan 9510377, Block 4 (within the SE 30-20-
14-W4), any additional development shall require prior approval of a separate permit
application.
14. The developer ensuring the proposed development does not encroach onto PipelineRight-of-
Way Plan 8210699.
15. There being no objections received from the Village of Duchess.
16. The applicant paying the appropriate fee for applying for the development permit after
locating the mobile home on the parcel.
Carried.
4. Permit #2580 -Plan 5146 FF, Lot C (NW 9-23-16-W4) Division 9
County of Newell No. 4 (Owner) Gem Rural Fire Association (Applicant)
Variance to Land Use Bvlaw -Minimum Yard Requirements
Moved by Councillor Moss that we classify this as a "Public and Quasi-Public Building and
Use" being a discretionary use within the PS -Public/Semi Public Open Space District and that
approval be granted for Development Permit Application #2580 for an addition, for the purposes
of emergency response vehicular storage and public library with open veranda, on Plan 5146 FF,
Lot C (within the NW 9-23-16-W4), waiving the variance fee and granting the following
variances:
i 3.9 m (12.8 ft.), for the proposed addition and existing building, to Section 65.4 Side Yard
Setback Requirements (north and south sides),
and where the following is required prior to commencement of construction and issuance of this
permit:
a) A copy of the building permit issued by a licensed, accredited building inspection agency
for the County of Newell.
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 65 of Land Use Bylaw
#1004-90 pertaining to the PS -Public/Semi Public Open Space District.
3. The developer ensuring the following setbacks are maintained for the proposed
development:
Front Side Rear
*10 m **6.1 m (20 ft.) ***10 m
as varied by the Municipal Planning Commission
* Minimum distance to be maintained from subdivision streets or service roads
** Minimum distance to be maintained from property lines, as varied by the Municipal
Planning Commission
*** Minimum distance to be maintained from property lines
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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, upon completion of the proposed building, providing the Development
Officer with a copy of the final building inspection report issued by a licenced, accredited
building inspection agency.
7. The developer ensuring there is proper and legal access provided to the property.
8. The developer ensuring an adequate supply of water is provided for this use.
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 disposal of sewage and waste from this use. The
developer ensuring the appropriate type of septic system is utilized for this development.
11. The developer ensuring the property is maintained to the satisfaction of the Development
Officer.
12. The developer ensuring construction materials, supplies and equipment are stored on the
property and not on the public roadway.
13. The developer ensuring the continuous clean up of construction debris tracked onto the
public roadway where access is provided to the property.
14. The developer ensuring this development is located as shown on the site plan submitted on
November 3, 2003, any changes to that plan shall require the written approval of the
Development Officer.
15. This permit is being granted only for the development of an addition, for the purposes of
~„ emergency response vehicular storage and public library with open veranda, on Plan 5146
FF, Lot C (within the NW 9-23-16-4), any additional development shall require prior
approval of a separate permit application.
16. 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.
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 water or groundwater from
this use.
19. The developer ensuring all outdoor garbage containers are covered and screened from the
public roadways.
20. The developer ensuring adequate parking space is available for this use.
21. The developer ensuring access can be provided for Emergency Services vehicles to all sides
of the building.
Carried.
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12. Home Occupation Permits
1. Permit #03-152 -Plan 7910951, Block 1, Lot 7 (NE 22-18-14-W4) Division 5
Larocque, Dean & Debra (Owners) Big Sky Waterfowl Outfitters (Applicant)
Waterfowl Guiding Operation -Storage of Related Hunting Items
Moved by Councillor Moss that we classify this use as a "Home Occupation -Major Permit"
being a discretionary use within the CR -Country Residential District and that approval be
granted for Home Occupation Permit # 03-152 for a Waterfowl Guiding Operation, on Plan
7910951, Block 1, Lot 7 (within the NE 22-18-14-W4), waiving Sections 7 and 8 of Schedule
C pertaining to the Home Occupation Major to permit up to 90% use of the accessory building
for the storage of items related to this proposal and 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 of off-site employees, not including the occupants of the 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 mz placed flat against the building
or fence.
5. The applicant ensuring there is no outside storage of goods or materials related to this Home
Occupation Permit.
6. The applicant ensuring no noise, vibration, smoke, dust or odours, which may affect adj acent
landowners or development, are created from this home occupation major.
7. The applicant ensuring adequate parking space is available for this use; up to two stalls,
within the front yard setback.
8. The applicant ensuring daily business related trips do not exceed four.
9. This permit being valid for a time period of two years from the date of approval, at which
time it may be either revoked or renewed by the Development Authority.
Carried.
13. Subdivisions
1. 03 NL Ol 3 - Pt. LSDs 10 & 11 & NW 29-20-14-W4 Division 8
Wiens, David & Elsie (Owners) Wiens, David (Applicant)
Subdivision of an Urban Fringe Parcel
David Wiens was in attendance to present information on this application. Moved by Councillor
Moss that we recommend to Council approval of Subdivision Application 03 NL 013 for the
subdivision of an Urban Fringe Parcel within portions of LSDs 10 & 11 and the NW 29-20-14-
W4 subject to the following conditions:
1. The applicant consolidating this parcel with the 1.36 acre parcel on LSD 10.
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.
November 28, 2003 Municipal Planning Commission Page 128
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. All outstanding municipal taxes being paid prior to endorsement.
Carried.
14. Land Use Changes
1. 03 LUA 009 -Plan 9310398 (NW 5-19-15-W4) -Division 5
Bergen, Robert & Linda (Owners) Bergen, Robert (Applicant)
Re-designation of 5.8 Acres to Country Residential 2
Moved by R. Steinbach that we recommend to Council that consideration be given to a bylaw
to re-designate a portion of Block 1, Plan 931398 (within the NW 5-19-15-W4) from CR -
Country Residential District to CR2 -Country Residential 2 District. Carried.
Subdivisions (cont'd)
2. 03 NL 014 -Plan 9310398, Block 1 (NW 5-19-15-W4) -Division 5
Bergen, Robert & Linda (Owners) Bergen, Robert (Applicant)
,,.... Subdivision of a Country Residential 2 Parcel
Moved by Councillor Musgrove that we postpone making a decision on this application until we
receive further information from the Eastern Irrigation District. Carried.
Lunch
The Commission recessed for lunch from 11:55 a.m. to 1:28 p.m.
15. Other Business
1. Policy Re arding Waterlines in Commercial and Industrial Subdivisions
Information regarding waterlines in commercial and industrial subdivisions was presented to the
Commission. This item will be brought back to the next meeting to allow Administration to
obtain input from the Eastern Irrigation District.
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2. Waste Transfer Site Applications in Division 3
The Planner reported that she had received two applications for a land use amendment for a
Waste Transfer Site in Division 3 and asked what fee should be charged as only one application
will be used.
Excused from Meeting
Councillor Musgrove excused himself from the meeting at 1:35 p.m.
Moved by Councillor Moss that we charge a total of $300.00 for both applications. Carried.
Returned to Meeting
Councillor Musgrove returned to the meeting at 1:36 p.m.
3. Meeting Dates
Moved by R. Steinbach that the December 30"', 2003 Municipal Planning Commission meeting
be moved to December 19"'. Carried.
Moved by B. M°Kellar that the January, 2004 Municipal Planning Commission meeting be held
on January 30~'. Carried.
Moved by R. Steinbach that the February, 2004 Municipal Planning Commission meeting be
held on February 25"'. Carried.
Moved by Councillor Moss that March, 2004 Municipal Planning Commission meeting be held
on March 24"'. Carried.
16. Post Agenda Items
1. Home Occupation -Expired Permits
Moved by Councillor Moss that we grant a 60 day grace period for Home Occupation renewals
which are due December 31, 2003. Carried.
November 28, 2003 Municipal Planning Commission Page 130
17. question Period
'~ A question period was held.
18. Information Items
There were no information items.
19. Adjourn
The Chairman declared the meeting adjourned at 2:00 p.m.
C~ s~,~
CHAIRMAN
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ADMINISTRATOR
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