HomeMy WebLinkAbout2003-12-19 Municipal Planning Commission (Regular) MinutesC~
County of Newell No. 4
Minutes of Municipal Planning Commission Meeting
`~' December 19, 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, December 19, 2003 commencing at 10:00 a.m.
Members Present Chairman C. Baksa
Councillors G. Musgrove
E. Moss
Member 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
~., Moved by Councillor Musgrove that B. M°Kellar be excused from this meeting. Carried.
3. Minutes
1. November 28, 2003
Minutes of the November 28, 2003 meeting were presented to the Commission. Moved by R.
Steinbach that we adopt these minutes as presented. Carried.
4. Call for Post Agenda Items
The Chairman called for post agenda items.
5. Adoption of Agenda
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 Bylaw -Rear Yard Setback
There was no new information on this item.
2. 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 February Municipal Planning Commission meeting.
3. 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
Bob Bergen was in attendance to present information on this application. Moved by Councillor
Moss that we recommend to Council approval of Subdivision Application 03 NL 014 for the
subdivision of a Country Residential 2 parcel from Plan 9310398, Block 1(within the NW 5-19-
15-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
and/or removal of any required road approaches to the proposed and/or remnant parcels.
4. The installation of cisterns on both parcels.
5. All outstanding municipal taxes being paid prior to endorsement.
6. The configuration of the subdivision being changed to eliminate the panhandle, taking into
consideration setbacks from the existing buildings.
7. The registration of the subdivision not being completed until a dwelling unit has been built
on the parcel with the shop.
Carried.
4. Policy Re~ardin~ Waterlines in Commercial and Industrial Subdivisions
There was no new information on this item.
Council & S.D.A.B. Report
The Chairman gave this report.
December 19, 2003 Municipal Planning Commission Page 133
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Development Report -November 20, 2003 to December 11, 2003
'~ Moved by Councillor Musgrove that we accept the Development Report. Carried.
Correspondence
There were no Correspondence items.
10. Development Permits
1. Permit #2582 - Pt. NW 1-21-14-W4 -Division 8
Lee, William & Debra (Owners) Lee, Debra (Applicant)
Doe Kennel
Moved by Councillor Moss that we classify this use as a "Kennel" being a discretionary use within
the A -Agricultural District and that approval be granted for Development Permit Application
#2582, for a Dog Kennel, on lands legally described as Pt. NW 1-21-14-W4, where the following
are required prior to the issuance of the permit:
a) The developer providing the Development Officer with a copy of an approved Certificate of
Structural Sufficiency issued by a licensed, accredited 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 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. This use 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 proposed development complying with the Alberta Building Code where applicable.
4. The developer ensuring an adequate supply of water is provided for this use.
5. The developer ensuring the property is maintained to the satisfaction of the Development
Officer.
6. This permit is being granted only for a dog kennel on lands legally described as Pt. NW 1-21-14-
W4, any additional development shall require prior approval of a separate permit application.
7. The developer ensuring adequate parking space is available for this use.
8. This use not affecting the residential use of the property or adjacent properties and area.
9. The developer ensuring that there is no outside storage of goods or materials on this parcel.
10. The developer ensuring that no more than 30 dogs shall be permitted in the boarding kennel at
one time. The owner shall be responsible for ensuring that noise is minimized and does not
negatively impact surrounding neighbours.
11. This use complying with the Suggested Specification for Kennels, as provided by the Alberta
Society for the Prevention of Cruelty to Animals (S.P.C.A.).
Carried.
December 19, 2003 Municipal Planning Commission Page 134
2. Permit #2583 -Plan 0311968, Block A, Lot 3 (NW 31-18-15-W4) -Division 5
Wigemyr, Dwight & Becky (Owners) Baumung, Mr. & Mrs. Phil (Applicants)
Mobile home (2003 Sinele Wide)
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 approval be granted for Development
Permit #2583 for the development of a 2003 mobile home on Plan 0311968, Block A, Lot 3 (within
NW 31-18-15-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 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 or service roads
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
December 4, 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 2003 mobile home moved, on Plan
0311968, Block A, Lot 3 (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 building
is consistent with other buildings in the vicinity.
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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 parcel is not used for conducting a business or commercial
operation.
Carried.
11. Home Occupation Permits
1. Permit #100 (Renewal) Plan 9912109, Block 7, Lot 2 (NW 4-20-14-W4) Division 8
Peeters (Elsbett), Annemarie J. (Owner) Elsbett, Brian (Applicant)
Engine Repair and Maintenance Service
Moved by Councillor Musgrove that we classify this as a "Home Occupation Major" being a
discretionary use within the A -Agricultural District and that approval be granted for Home
Occupation Permit #100 for a Small Engine Repair and Maintenance Service, on Plan 9912109,
Block 7, Lot 2 (within NW 4-20-14-W4), subject to the following conditions:
1. This use complying with all Federal, Provincial and Municipal statutes, regulations, codes and
standards.
2. This use 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 adjacent
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. This permit being valid for a time period of three years from the date of approval, at which time
it maybe either revoked or renewed by the Development Authority.
Carried.
2. Permit #105 (Renewal) Plan 8910353, Block 3, Lot 3 (SW 2-19-14-W4) Division 10
Baksa, James & Margaret (Owners) Baksa, Marg (Applicant)
Hairstylin~ & CosmetoloQV Salon, Sale of Vitamins. Plants & Garden Accessories
Moved by Councillor Moss that we classify this as a "Home Occupation Major" being a
discretionary use within the CR -Country Residential District and that approval be granted for
Home Occupation Permit # 105 for a Hairstyling Salon, Sale of Vitamins, Sale of Plants and Garden
Accessories, on Plan 8910353, Block 3, Lot 3 (within the SW 2-19-14-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.
December 19, 2003 Municipal Planning Commission Page 136
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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 m2 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 adjacent
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 three years from the date of approval, at which time
it may be either revoked or renewed by the Development Authority.
Carried.
3. Permit #123 (Renewal) Plan 1774 LK, Block A, Lot 1 (SE 6-19-14-W4) Division 10
Arndt, Rennie & Fullerton, Freda (Owners) Arndt, Rennie (Applicant)
Turf Maintenance Operation & Installation of Residential Sprinkler Systems
Moved by R. Steinbach that we classify this as a "Home Occupation Major" being a discretionary
use within the CR -Country Residential District and that approval be granted for Home Occupation
Permit #123 for a Turf Maintenance and Underground Sprinkler Installation Service, within Plan
1774 LK, Block A, Lot 1 (within the SE 6-19-14-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. The total number ofoff--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 adjacent
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. This permit being valid for a time period of three years from the date of approval, at which time
it maybe either revoked or renewed by the Development Authority.
Carried.
December 19, 2003 Municipal Planning Commission Page 137
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4. Permit #129 (Renewal) SW 26-14-13-W4 -Division 1
Zahenaiko, David & Elaine (Owners) Zahenaiko, David (Applicant)
~ Custom Cabinetmaker
Moved by Councillor Musgrove that we classify this as a "Home Occupation Major" being a
discretionary use within the A -Agricultural District and that approval be granted for Home
Occupation Permit #129 for a Custom Cabinet Maker, within the SW 26-14-13-W4, subject to the
following conditions:
1. This use complying with all Federal, Provincial and Municipal statutes, regulations, codes and
standards.
2. This use not affecting the residential use of the property or adjacent properties and area.
3. The total number ofoff--site employees, not including the occupants of the residence involved
with the said occupation, not exceeding two.
4. The applicant ensuring that no more than one commercial vehicle is used in conjunction with
this Home Occupation Permit. No other commercial vehicles shall be permitted.
5. 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.
6. The applicant ensuring there is no outside storage of goods or materials related to this Home
Occupation Permit.
7. The applicant ensuring no noise, vibration, smoke, dust or odours, which may affect adjacent
landowners or development, are created from this home occupation major.
8. The applicant ensuring adequate parking space is available for this use; up to two stalls, within
the front yard setback.
9. This permit being valid for a time period of three years from the date of approval, at which time
,,,,^ it maybe either revoked or renewed by the Development Authority.
Carried.
Permit #133 (Renewal) NW 1-21-14-W4 -Division 8
Lee, William & Debra (Owners) Lee, William (Applicant)
Auto Body Repair Shop
Moved by Councillor Moss that we classify this as a "Home Industry Minor" being a discretionary
use within the A -Agricultural District and that approval be granted for Home Industry Permit # 133
for an Auto Body and Repair Shop, within Ptn. of the NW 1-21-14-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. The total number ofoff-site employees, not including the occupants of the residence involved
with the said occupation, not exceeding four.
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 related to this Home
Occupation Permit.
6. The applicant ensuring no noise, vibration, smoke, dust or odours, which may affect adjacent
landowners or development, are created from this home industry minor.
December 19, 2003 Municipal Planning Commission Page 138
7. The developer ensuring there is no contamination of soil, surface water or groundwater from this
use.
8. The developer ensuring all hazardous waste materials are properly disposed of in regulated
facilities.
9. The developer ensuring an adequate supply of water is provided for fire suppression purposes.
10. This permit being valid for a time period of three years from the date of approval, at which time
it may be either revoked or renewed by the Development Authority.
11. No commercial vehicles being permitted in conjunction with this Home Industry Permit.
Carried.
6. Permit #138 (Renewal) Plan 8211007, Block 1, Lot 2 (NE 33-18-15-W4) Division 5
Humphreys, Donald & Patricia (Owners) Humphreys, Don (Applicant)
Custom Cabinetmaker
Moved by R. Steinbach that we classify this as a "Home Occupation Major" being a discretionary
use within the CR -Country Residential District and that approval be granted for Home Occupation
Permit #138 for a Custom Cabinet Maker, within Plan 8211007, Block 1, Lot 2 (within the NE 33-
18-15-W4), subject to the following conditions:
1. This use complying with all Federal, Provincial and Municipal statutes, regulations, codes and
standards.
2. This use 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 that no more than one commercial vehicle is used in conjunction with
this Home Occupation Permit. No other commercial vehicles shall be permitted.
5. 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.
6. The applicant ensuring there is no outside storage of goods or materials related to this Home
Occupation Permit.
7. The applicant ensuring no noise, vibration, smoke, dust or odours, which may affect adjacent
landowners or development, are created from this home occupation major.
8. The applicant ensuring adequate parking space is available for this use; up to two stalls, within
the front yard setback.
9. This permit being valid for a time period of three years from the date of approval, at which time
it maybe either revoked or renewed by the Development Authority.
Carved.
7. Permit #140 (Renewal) Plan 6655 FJ, Pt. Parcel X (SE 26-16-16-W4) Division 4
Neumann, Manfred & Ulla (Owners) Neumann, Manfred (Applicant)
Delivery Service
Moved by Councillor Musgrove that we classify this as a "Home Occupation Major" being a
discretionary use within the HR-Hamlet Residential District and that approval be granted for Home
Occupation Permit #140 for a Delivery Service, on Plan 6655 FJ, Pt. Parcel X (within the SE 26-16-
16-W4), subject to the following conditions:
December 19, 2003 Municipal Planning Commission Page 139
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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 that no more than one commercial vehicle is used in conjunction with
this Home Occupation Permit. No other commercial vehicles shall be permitted.
5. 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.
6. The applicant ensuring there is no outside storage of goods or materials related to this Home
Occupation Permit.
7. The applicant ensuring no noise, vibration, smoke, dust or odours, which may affect adjacent
landowners or development, are created from this home occupation major.
8. The applicant ensuring adequate parking space is available for this use; up to two stalls, within
the front yard setback.
9. This permit being valid for a time period of three years from the date of approval, at which time
it maybe either revoked or renewed by the Development Authority.
Carried.
12. Subdivisions
1. 03 NL 015 - NW 18-20-12-W4 -Division 3
Owen, Ross & County of Newell (Owners) County of Newell (Applicant)
Consolidation of Road Closure Lands to Owen Property
Moved by Councillor Musgrove that we recommend to Council approval of Subdivision Application
03 NL 015, to allow for the consolidation of road closure lands with currently owned lands, subject
to the following conditions:
1. The applicant consolidating this parcel with the 58.39 acres of land located on Pt. NW 18-20-12-
W4.
2. A 15 metre easement being granted to the County of Newell for the lagoon input line.
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 entering into an agreement with the County of Newell for the installation of any
required road approaches to the proposed and/or remnant parcels.
6. All outstanding municipal taxes being paid prior to endorsement.
Carried.
Councillor Musgrove declared a pecuniary interest in the following matter and left the Council
Chambers.
December 19, 2003 Municipal Planning Commission Page 140
13. Land Use Chances
1. 03 LUA 010 - Pt. NW 29-20-13-W4 -Division 3
One Tree Ranching (Owners) Newell Regional Solid Waste (Applicant)
From A -Agricultural District to P-WTS -Public -Waste Transfer Site
Moved by R. Steinbach that we recommend to Council that consideration be given to first reading
of a bylaw to re-designation approximately 0.8 ha (1.98 ac) of land in the NW 29-20-13-W4 from
A -Agricultural District to P-WTS -Public -Waste Transfer Site. Carried.
2. 03 LUA O11 - Pt. SW 27-20-13-W4 -Division 3
One Tree Ranching (Owners) Newell Regional Solid Waste (Applicant)
From A -Agricultural District to P-WTS -Public -Waste Transfer Site
Moved by Councillor Moss that we postpone making a decision on Application 03 LUA O11 until
Council makes a final decision on Application 03 LUA 010. Carried.
Councillor Musgrove returned to the Council Chambers and resumed participation in the meeting.
14. Other Business
1. Plan 6658 FE, Parcel A (Pt. NE 31-19-14-W4) Division 10
Galbraith, James & Johnene and Galbraith, Chad & Paula (Owners)
Shantz, Orval (Applicant) Variance -Minimum Yard Requirements
Moved by R. Steinbach that we grant a variance of 12.93 m (42.42 ft) to Section 49.4 of Land Use
Bylaw 1004-90, pertaining to the Flankage Setback Requirement, on Plan 6658 FE, Parcel A (within
the NE 31-19-14-W4) to accommodate the most easterly residence. Carried. Moved by Councillor
Musgrove that we charge the additional variance fee for this application. Carried.
15. Post Agenda Items
1. E.I.D. Land in South Sector Area Structure Plan
The Planner circulated a proposed land use designation change for the South Sector Area Structure
Plan to the Commission. Moved by Councillor Moss that we recommend to Council to review the
proposed designation within the South Sector Area Structure Plan, for lands located in the NE 20-18-
14-W4. Carried.
2. Direct Control Applications
Moved by Councillor Musgrove that we ascertain from Council if they would prefer that MPC
review Direct Control Applications and make recommendations prior to Council reviewing these
applications. Carved.
December 19, 2003 Municipal Planning Commission Page 141
16. Question Period
~°'- A question period was held.
17. Information Items
There were no information items.
18. Adt ourn
Moved by Councillor Musgrove that the meeting adjourn at 11:30 a.m. Carried.
C ~a3~
CHAIRMAN
ADMINISTRATOR
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December 19, 2003 Municipal Planning Commission Page 142