HomeMy WebLinkAbout2004-01-30 Municipal Planning Commission (Regular) Minutes~3
County of Newell No. 4
Minutes of Municipal Planning Commission Meeting
.-. January 30, 2004
The regular Municipal Planning Commission Meeting of the County of Newell No. 4 was held in
the County Office at Brooks, AB on Friday, January 30, 2004 commenci ng at 10:00 a.m.
Members Present Chairman C. Baksa
Councillors G. Musgrove
E. Moss
Members B. McKellar
R. Steinbach
Planner T. Henry
Development Officer P. Urban
Administrator A. Martens
Executive Secretary K. Weiss
1. Call to Order
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The Chairman called the meeting to order at 10:00 a.m.
2. Excused from Meeting
!" All members were in attendance at the meeting.
3. Minutes
1. December 19, 2003
Minutes of the December 19, 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 previously referred to the February Municipal Planning Commission meeting.
3. Policy Re~ardina Waterlines in Commercial and Industrial Subdivisions
A letter from the Eastern Irrigation District concerning a proposed County policy regarding
waterlines was presented to the Commission. It was suggested that this item be a topic at the next
County/E.I.D. Joint Meeting.
4. 03 LUA 011 - Pt. SW 27-20-13-W4 -Division 3
One Tree Ranching (Owners) Newell Regional Solid Waste (Applicant)
From A - A~-icultural District to P-WTS -Public -Waste Transfer Site
A decision on Application 03 LUA 011 was previously postponed until Council makes a final
decision on Application 03 LUA 010.
7. Council & S.D.A.B. Report
The Chairman gave this report.
8. Development Report -December 11, 2003 to January 23, 2004
Moved by B. McKellar that we accept the Development Report. Carried.
9. Correspondence
1. Town of Brooks -South Industrial Area Structure Plan & Open House
A letter from the Town of Brooks regarding the South Industrial Area Structure Plan & Open House
was presented to the Commission. The Planner will respond to this letter.
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2. Town of Brooks -Draft Outline Plan -Brooks SE Sector
,-- A letter from the Town of Brooks regarding the draft outline of the Brooks SE Sector Outline Plan
was presented to the Commission. The Planner will respond to this letter.
3. Town of Brooks -Draft Outline Plan -South Brooks Manufactured Home Community
A letter from the Town of Brooks regarding the draft outline plan of the South Brooks Manufactured
Home Community was presented to the Commission. The Planner will respond to this letter.
10. Development Permits
1. Permit #2578 -Plan 1349 BA Block 7 Lot 17 -Division 3
Dunham, Robert & Bernice (Owners) Dunham, Bob (Applicant)
Variance to Land Use Bylaw 1443-03 Section 86.4 Minimum Yard Requirements
To Accommodate the Construction of Dwelling Unit Addition (Attached Garase)
Moved by Councillor Musgrove that we postpone making a decision on this permit until the
applicant provides a Real Property Report. Carried.
2. Permit #2587 - NE 22-21-18-W4 -Division 6
Housenga, Richard & Wickenheiser, Mary (Owners) Housenga, Richard (Applicant)
Completion of Dwelline Unit
Moved by Councillor Moss that we classify this use as a "Dwelling Unit" being a discretionary use
within the A -Agricultural District and that approval be granted for Development Permit
Application #2587for the completion of the existing residence, for agricultural purposes, on NE 22-
21-18-4, where the following are required prior to the 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 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 79 of Land Use Bylaw
#1443-03 pertaining to the A -Agricultural District.
3. The developer ensuring the following setbacks are maintained for the proposed development:
Front Side Flankage Rear
*30 m (98.4 ft) *3m (9.8 ft.) *30 m (98.4 ft.) *3 m (9.8 ft.)
* Minimum distance to be maintained from the 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 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
January 14, 2004, any changes to that plan shall require the written approval of the Development
Officer.
10. This permit is being granted only for the completion of the existing dwelling unit, for
agricultural purposes, on the NE 22-21-18-4, any additional development shall require prior
approval of a separate permit application. No other dwelling units are permitted on the property.
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. The
developer ensuring the appropriate septic system is utilized for this development.
13. The developer ensuring an adequate supply of water is provided for this use.
14. The developer ensuring the parcel is not used for conducting a business or commercial
operation.
Carried.
3. Permit #2588 - SW 16-23-16-W4 -Division 9
Hiebert, Richard (Owner & Applicant)
Manufactured Home (2003 Single Widel
Moved by R. Steinbach that we classify this use as a "Manufactured Home" being a discretionary
use within the HR -Hamlet Residential District and that approval be granted for Development
Permit Application #2588 for the development of a 2003 manufactured home on lands legally
described as SW 16-23-16-4, containing 1.00 acre, 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 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 86 of Land Use Bylaw
#1443-03 pertaining to the HR -Hamlet Residential District.
3. The developer ensuring the following setbacks are maintained for the proposed development:
Front Side Flankage Rear
*7.5 m *1.Sm *3 m *3 m
* Minimum distance to be maintained from the properly 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 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
January 15, 2004, 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 manufactured home, on lands
legally described as Ptn. SW 16-23-16-4, 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. The
developer ensuring the appropriate septic system is utilized for this development.
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.
16. The developer ensuring the manufactured 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.
18. The developer ensuring the two existing dilapidated structures are removed from the property
within six months from the date of approval.
19. The developer ensuring the remaining accessory building is consistent with the purpose of the
land use district and that the design, character and appearance of the building is compatible with
other buildings in the vicinity.
20. The developer ensuring landscaping of the property is complete within two years from the date
of approval.
21. The developer ensuring all outdoor garbage containers are covered and screened from the public
roadways.
Carried.
11. Home Occupation Permits
1. Permit #97 (Renewal) -SW 5-15-13-W4 -Division 1
Goodheart, David (Owner) Goodheart, Francine- operating as Flower Faze (Applicant)
Floral Arrangins Service & Gift Shop
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 #97 for a Floral Arranging Service and Gift Shop, within SW 5-15-13-W4,
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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 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 may be either revoked or renewed by the Development Authority.
10. The developer providing the County of Newell with a copy of an approved Roadside
Development Permit issued by Alberta. Transportation, if required.
11. The developer addressing, to the satisfaction of Alberta Transportation, any conditions and/or
concerns put forward by Alberta Transportation.
Carved.
2. Permit #109 (Renewal) - SE 1-19-15-W4 -Division 5 _
Lowes, Larry & Judy (Owners) Lowes, Larry -operating as Kitchens by Design (applicant)
Custom Cabinetmaker
Moved by B. McKellar 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 #109 for a Custom Cabinet Maker, within Plan 9511874 Block 2 (within SE 1-19-15-4),
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 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.
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.
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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 may be either revoked or renewed by the Development Authority.
10. The developer addressing, to the satisfaction of Alberta Transportation, any conditions and/or
concerns put forward by Alberta Transportation.
Carried.
3. Permit #124 (Renewal) -Plan 7410106 Block 3 (SE 3-19-14-W4) -Division 10
Moore, Robert & Devona (Owners) Moore, Robert - operating as Sky-Line Picker Services Ltd.
(Applicant)
Picker Truck Service
Moved by B. McKellar that we classify this as a "Home Industry Minor" being a discretionary use
within the CR2 -Country Residential 2 District and that approval be granted for Home Industry
Permit # 124 for a Picker Truck Service, on Plan 7410106 Block 3 (within the SE 3-19-14-4), subj ect
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 that no more than three commercial vehicles are used in conjunction with
this Home Industry Minor. 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
Industry Permit.
7. The applicant ensuring no noise, vibration, smoke, dust or odours, which may affect adjacent
landowners or development, are created from this Home Industry Minor.
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 may be either revoked or renewed by the Development Authority.
10. The developer ensuring there is no contamination of soil, surface water or groundwater from this
use.
11. The developer ensuring there is an adequate supply of water for fire suppression with this Home
Industry.
Carried.
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4. Permit #128 - NE 5-15-13-W4 -Division 1
Schuett, Richard & Diana (Owners)
Schuett, Mrs. Richard -operating as RMS Construction Ltd. (Applicant)
Construction Contractor
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 # 128
for a Construction Contractor, within the NE 5-15-13-4, 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 four.
4. The applicant ensuring that no more than three commercial vehicles are used in conjunction with
this Home Industry Minor. 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 m z placed flat against the building or
fence.
6. The applicant ensuring there is no outside storage of goods or materials related to this Home
Industry.
7. The applicant ensuring no noise, vibration, smoke, dust or odours, which may affect adjacent
landowners or development, are created from this Home Industry Minor.
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 may be either revoked or renewed by the Development Authority. _
10. The developer ensuring there is no contamination of soil, surface water or groundwater from this
use.
Carried.
5. Permit #139 - NW 12-21-18-W4 Plan 8010762 Block 3 Lot 1 -Division 6
Hayne, Merle & Massie, Candice (Owners) Hayne, Merle -operating as Wizard Holdings Inc.
(Applicant)
Picker Truck Service (Storase of One Truck and Trailed
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 #139 for a Picker Truck Service, within Plan 8010762 Block 3 Lot 1(within the NW 12-21-
18-4), 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 and one trailer are used in
conjunction with this Home Occupation Permit. No other commercial vehicles or trailers shall
be permitted.
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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 m z 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 may be either revoked or renewed by the Development Authority.
10. The developer ensuring there is no contamination of soil, surface water or groundwater from this
use.
Carried.
12. Subdivisions
1. 03 NL 016 - NE 8-19-14-W4, Plan 6242 JK Block C -Division 10
Gray & Company Holdings Ltd. (Owners) Midwest Surveys (Applicant)
Subdivision of Industrial Parcel
Moved by Councillor Musgrove that we postpone this application for further information. Carried.
2. 03 NL 017 - SE 25-18-15-W4, Plan 0312821 Block 1 Lots 7-10 -Division 5
r'^ Reinhold Schuett (Owners) Focus Intec (Applicant)
Boundary Adiustment of Existing CR Subdivision
Moved by Councillor Moss that we recommend to Council approval of Subdivision Application 03
NL 017, to allow for boundary adjustments of an existing CR subdivision 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 an easement of 9.5 metres to franchise utilities for services to the
proposed parcels at the front of the affected lots. The applicant may be responsible for the costs
associated with the installation, removal or modification of services.
3. The applicant meeting all requirements of the Eastern Irrigation District with respect to the
conveyance of water as well as easements.
4. The applicant entering into a Rural Water Use Purposes Agreement with the Eastern Irrigation
District and providing evidence of this agreement.
5. A declaration as written in the Young Road ASP being signed by the applicant as a condition
of approval.
6. The garage on proposed Lot 14 being moved so that it meets the requirements of the County's
Land Use Bylaw.
7. All outstanding municipal taxes being paid prior to endorsement.
Carried.
January 30, 2004 Municipal Planning Commission Page 9
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13. Land Use Chances
There were no Land Use Changes.
14. Other Business
1. Alberta Planninc Conference - Apri15-7/04 -Red Deer
Information regarding the Alberta Planning Conference being held in Red Deer from Apri15 to 7,
2004 was presented to the Commission.
Recess
The Committee recessed from 11:10 a.m. - 11:15 a.m.
2. Proposed Development in Bantry Bav
The Planner presented a report on the proposed development in Bantry Bay. Direction was given
to the Planner to forward a letter to the inquirers noting that there is no way the Municipal Planning
Commission can gauge whether or not the proposal would be successful without it going through
the formal process.
3. EBA Engineerinc -Bucket for County ASP's Proiect
A letter from EBA Engineering Consultants Ltd., requesting additional funding to cover expenses
incurred to complete the four Area Structure Plans, was presented to the Commission. Moved by
Councillor Moss that we recommend to Council that we pay 50% to a maximum of $3,562.00 of the
over-expenditure. Carried.
4. Amendments to Land Use Bylaw 1443-03
The Planner presented various amendments to Land Use Bylaw 1443-03. Direction was given to the
Planner to bring back a definition for "Truck and Trailer Wash" to the next meeting. Moved by
Councillor Moss that we recommend to Council to make the necessary amendments to the Land Use
Bylaw as presented. Carried.
5. Plan 9411176 Unit 67 -Division 5
Louey, Daryl & Cathy (Owners) Bell, Doug -Lutes & Bell (Applicant)
Variance to Land Use Bylaw #1443-03 -Rear Yard Setback
Moved by B. McKellar that we approve this request and grant a variance of .17 m (.6 ft.) to Section
90.4, Rear Yard Setback Requirement, of Land Use Bylaw #1443-03, to accommodate the existing
deck. Carried.
January 30, 2004 Municipal Planning Commission Page 10 `~~
6. Plan 9411173 Unit 23 -Division 5
Country Roads House Construction Ltd. (Owner)
,,,..,, Update on Remainins Unfinished Dwelling at Lake Newell
The Development Control Officer presented an update on the status of the unfinished dwelling at
Lake Newell Resort for information.
15. Post Agenda Items
1. Town of Brooks -Land Use Bvlaw
The Planner advised the Commission of a Public Hearing being held by the Town regarding the Land
Use Bylaw. Direction was given to the Planner to provide comments to the Town in this regard.
2. Home Industry - Maior -Variances
The Development Control Officer requested guidance regarding variances in the Home Industry -
Major section of the Land Use Bylaw.
3. Meetine Dates
Moved by Councillor Moss that the February meeting be moved from February 25, 2004 to February
26, 2004. Carried.
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16. 4uestion Period
A question period was held.
17. Information Items
There were no information items.
18. Adi ourn
The Chairman declared the meeting adjourned at 12:13 p.m. Carried.
l iCh ~M. )
CHAIItMAN
January 30, 2004 Municipal Planning Commission
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ADMINISTRATOR
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