HomeMy WebLinkAbout2004-02-26 Municipal Planning Commission (Regular) MinutesC~
County of Newell No. 4
Minutes of Municipal Planning Commission Meeting
,.-- February 26, 2004
The regular Municipal Planning Commission Meeting of the County of Newell No. 4 was held in
the County Office at Brooks, AB on Thursday, February 26, 2004 commencing 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
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. January 30, 2004
Minutes of the January 30, 2004 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 Aeenda
Moved by Councillor Musgrove that the agenda be adopted as amended. Carried.
February 26, 2004 Municipal Planning Commission Page 12
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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. 03 LUA 011 - Pt. SW 27-20-13-W4 -Division 3
One Tree Ranching (Owners) Newell Regional Solid Waste Management Authority (Applicant)
From A - Agricultural to P-WTS -Public -Waste Transfer Site
Councillor Musgrove excused himself from discussion and voting on this item and left the Council
Chambers.
Moved by Councillor Moss that we recommend to Council refusal of this application. Carried.
3. Permit #2578 -Plan 1349 BA Block 7 Lot 17 -Division 3
Robert & Bernice Dunham (Owners) Bob Dunham (Applicant)
Variance to Land Use Bylaw 1443-03 Section 86.4 Minimum Yard Requirements
To Accommodate the Construction of Dwelling Unit Addition (Attached Garage)
There was no new information on this item.
4. 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
A letter from Midwest Surveys Inc. requesting that we postpone review of Subdivision Application
03 NL 016 until the April meeting was presented to the Commission. The Commission will
postpone its review of the application until the April meeting as requested by the applicant.
5. Definition -Livestock Truck & Trailer Wash Facility
The Planner presented a proposed definition for "Livestock Truck and Trailer Wash Facility".
Councillor Musgrove returned to the Council Chambers and resumed participation in the meeting.
February 26, 2004 Municipal Planning Commission Page 13
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6. Permit #2572 -Plan 9812557 Block 3 (SE 1-19-15-W4) -Division 5
Orval B. Shantz & Robert Kibsey (Owners) Robert Kibsey (Applicant)
,r- Mobile Home Park Exuansion
Orval Shantz & Robert Kibsey were in attendance at the meeting. Moved by Councillor Moss that
these uses be classified as "Manufactured Homes" being permitted uses within the MHP -
Manufactured Home Park District and that approval be granted for Development Permit #2572 for
the development of three manufactured homes on lands legally described as Plan 9812557 Block 3
(within SE 1-19-15-W4), where the following are required prior to commencement of construction
and issuance of this permit:
a) The developer entering into a Rural Water Use Purposes Agreement with the Eastern Irrigation
District and providing evidence of this agreement.
b) The developer providing the County of Newell with a copy of an approved Roadside
Development Permit issued by Alberta Transportation.
c) The developer providing the County of Newell with a copy of a Traffic Impact Assessment
(TIA), prepared by a qualified transportation professional and approved by Alberta
Transportation.
d) The developer providing the County of Newell with a Geotechnical Investigation prepared by
a qualified Geotechnical Engineer, assessing the conditions regarding the installation of private
septic fields.
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 84 of Land Use Bylaw
#1443-03 pertaining to the Manufactured Home Park District.
3. The proposed development complying with the Alberta Building Code where applicable.
~'"' 4. The developer ensuring access can be provided for Emergency Services vehicles to all sides of
the building.
5. The developer ensuring an adequate supply of water is provided for this use.
6. The developer ensuring the site is graded so that storm water does not drain onto adjoining
properties.
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 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 the continuous clean up of construction debris tracked onto the public
roadway where access is provided to the property.
11. The developer ensuring this development of the proposed lots 2, 15 and 16, are located as shown
on the site plan submitted on October 14, 2003, any changes to that plan shall require the written
approval of the Development Officer.
12. This permit is being granted only for the development of three manufactured homes lots. Any
additional development shall require prior approval of a separate permit application.
13. The developer addressing, to the satisfaction of Alberta Transportation, any concerns put
forward by Alberta Transportation.
Carried.
February 26, 2004 Municipal Planning Commission Page 14
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Definition -Livestock Truck & Trailer Wash Facility (Cont.d)
Administration was directed to contact the County of Lethbridge to determine how they define a --
Livestock Truck & Trailer Wash Facility. _
Council & S.D.A.B. Report
The Chairman gave this report.
Development Report -January 24, 2004 to February 13, 2004
Moved by Councillor Musgrove that we accept the Development Report. Carried.
9. Correspondence
There were no Correspondence items.
10. Development Permits
There were no Development Permits.
11. Home Occupation/Home Industry Permits
1. Permit #131 (Renewal) - SW 32-20-14-W4 Plan 8211181 Block A -Division 8
Wayne T. & A. Janice Bunney (Owners) Wayne Bunney (Applicant)
Sewage Removal Service & Rental of Portable Washrooms
Moved by Councillor Musgrove 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 # 131 for a Septic Vacuum Service and Portable Washroom Rentals, within
Plan 8211181 Block A (within the NW 32-20-14-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 that no more than two commercial vehicles and one trailer are 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.
February 26, 2004 Municipal Planning Commission Page 15 ~~
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. The developer ensuring there is no contamination of soil, surface water or groundwater from this
use.
10. The developer ensuring there is proper and legal access to the property. The developer must,
at no cost to the County, supply copies of registered easements for providing access to the
property.
11. The developer addressing, to the satisfaction of Alberta Transportation, any concerns put
forward by Alberta Transportation.
12. 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. The applicant shall be
responsible for re-applying a minimum of two months before the expiry date.
Carried.
2. Permit #135 -Plan 7410106 Block 2 SE 3-19-14-W4 -Division 10
Daniel & Catherine MacDonald (Owners)
Dan MacDonald, operating as D-Mac Oilfield Services (Applicant)
Maintenance (Cleaning, Painting and Storage) of
Oilwell Drilling Bits and Minor Commercial Fencine
Moved by R. Steinbach that we classify this as a "Home Occupation Major " being a discretionary
use within the CR2 -Country Residential 2 District and that approval be granted for Home
Occupation Permit # 135 for an Oilfield Bit Maintenance Operation and Minor Commercial Fencing,
~^ on Plan 7410106 Block 2 (within the SE 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. 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. The applicant shall be
responsible for re-applying a minimum of two months before the expiry date.
10. The developer ensuring there is no contamination of soil, surface water or groundwater from this
use.
Carried.
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February 26, 2004 Municipal Planning Commission Page 16
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3. Permit #155 - SW 6-19-13-W4 Plan 0012244 Block 1-Division 10
Harold & Barbara Wutzke (Owners) Harold Wutzke (Applicant)
Commercial Truck Storage
Moved by R. Steinbach 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 # 155 for
Commercial Truck Storage on Plan 0012244 Block 1 (within SW 6-19-13-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 of off-site employees, not including the occupants of the residence involved
with the said occupation, not exceeding four.
4. The applicant ensuring adequate parking space is available for this use.
5. The applicant ensuring that no more than three commercial vehicles are used in conjunction with
this Home Industry Permit. No other commercial vehicles shall be permitted.
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 developer ensuring there is no contamination of soil, surface water or groundwater from this
use.
9. The developer entering into a Road Use Agreement with the County of Newell which shall
include, but not be limited to, an annual application of calcium.
10. The developer contacting the Development Officer, prior to March 17, 2004, to arrange a
suitable date on which to conduct a site inspection of the truck storage facility.
11. This permit being valid for a time period of one year from the date of approval, at which time
it may be either revoked or renewed by the Development Authority. The applicant shall be
responsible for re-applying a minimum of two months before the expiry date.
12. The hours of operation being limited to from 6:00 a.m. to 10:00 p.m.
Moved by Councillor Musgrove that we table this motion. Carried.
12. Subdivisions
04 NL 001 - SE 6-15-13-W4, Plan 152 FK Block 5 Lot B -Division 1
Sarah & Christopher Zottl (Owners) Dawn & Carman Wilcox (Applicant)
Subdivision of Hamlet Residential Lot
Dawn & Carman Wilcox were in attendance and presented information on this application. Moved
by Councillor Moss that we recommend to Council approval of Subdivision Application 04 NL 001,
to allow for the subdivision of a Hamlet Residential Lot 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 parcels.
The applicant may be responsible for the costs associated with the installation, removal or
modification of services.
3. The new lot being tied into the Hamlet of Rolling Hills utilities and that they provide any
required easements for these utilities with any costs incurred being at the developer's expense.
February 26, 2004 Municipal Planning Commission Page 17
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4. The applicant entering into an agreement with the County of Newell for the installation of any
require road approaches to the proposed and/or remnant parcels.
,,~ 5. The registration of a caveat for the dedication of a 5-metre strip of land along the northern
boundary of the entire parcel for future road widening.
6. All outstanding municipal taxes being paid prior to endorsement.
Carried.
Home Occunation/Home Industry Permits (Cont.d)
4. Permit #156 - SE 6-20-14-W4 -Division 8
Douglas Henderson Watson & Joanne Feuz (Owners)
Doug Watson, operating as Doug Watson Trucking & Sandman Rentals Inc. (Applicant)
Trucking Service and Oilfield Tank Rental Service
Moved by Councillor Musgrove that we classify this as a "Home Industry Major" being a
discretionary use within the RUR -Rural Residential District and that approval be granted for Home
Industry Permit #156 for a Trucking and Tank Rental Service on lands legally described as Pt. SE
6-20-14-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 three.
4. The applicant ensuring adequate parking space is available for this use, being a minimum of one
parking stall per employee.
~"' S. The applicant ensuring that no more than two commercial vehicles are used in conjunction with
this Home Industry Permit. No other commercial vehicles shall be permitted.
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 major.
8. The developer ensuring there is no contamination of soil, surface water or groundwater from this
use.
9. The developer ensuring there are not more than two tanks located on the properly at any given
time. The developer ensuring loading and unloading of the tanks is restricted onto the property
and not onto the public roadway.
10. The developer entering into a Road Use Agreement with the County of Newell.
11. This permit being valid for a time period of one year from the date of approval, at which time
it may be either revoked or renewed by the Development Authority. The applicant shall be
responsible for re-applying a minimum of two months before the expiry date.
Moved by Councillor Moss that we table this motion. Carried.
Lunch
The Commission recessed for lunch from 11:55 a.m. - 1:25 p.m.
February 26, 2004 Municipal Planning Commission Page 18
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5. Permit #157 - NW 4-20-14-W4 Plan 0011702 Block 8 Lot 1 -Division 8
Wayne & Reita Paddock (Owners) Wayne Paddock (Applicant)
Commercial Truck Storage -Variance to Land Use Bylaw 1443-03
Schedule E(7) Home Industry Maior Guidelines (Number of Commercial Trucks)
Moved by Councillor Moss that we classify this as a "Home Industry Major" being a discretionary
use within the A -Agricultural District and that approval be granted for Home Industry Permit # 157
for Commercial Truck Storage on Plan 0011702 Block 8 Lot 1 (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 ofoff--site employees, not including the occupants of the residence involved
with the said occupation, not exceeding three.
4. The applicant ensuring adequate parking space is available for this use. A minimum of one
parking stall per two employees, one parking stall per commercial vehicle and one parking stall
for customers is required. All parking must be accommodated on site.
5. The applicant ensuring that no more than five commercial vehicles, as granted by the Municipal
Planning Commission, are used in conjunction with this Home Industry Permit. No other
commercial vehicles or trailers shall be permitted.
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 major.
8. The developer ensuring there is no contamination of soil, surface water or groundwater from this
use.
9. The developer ensuring all hazardous waste materials are properly disposed of in regulated
facilities. --
10. The developer ensuring access can be provided for Emergency Services vehicles to three sides
of the building.
11. The developer ensuring there is proper and legal access provided to the property.
12. The developer addressing, to the satisfaction of Alberta Transportation, any concerns put
forward by Alberta Transportation.
13. This permit being valid for a time period of one year from the date of approval, at which time
it may be revoked or renewed by the Development Authority. The applicant shall be responsible
for re-applying a minimum of two months before the expiry date.
Carried.
6. Permit #158 & #158 TP - NW 7-19-13-W4 Plan 7811871 Block 1 Lot 1 -Division 8
Wayne & Shelley Swenson (Owners) Shelley Swenson (applicant)
Operation of Commercial Vacuum Truck Service -Variance to Land Use Bylaw #1443-03
Schedule E(4) Home Industry Major Guidelines (Number of Non-Resident Employees),
Schedule E(7) Home Industry Major Guidelines (Number of Commercial Trucks) and
Temporary Permit for Home Industry Maior Seasonal Non-Resident Employees
Moved by Councillor Musgrove that we classify this as a "Home Industry Major" being a
discretionary use within the A -Agricultural District and that approval be granted for Home Industry
Permit #158 for a Commercial Vacuum Truck Service on Plan 7811871 Block 1 Lot 1 (within NW
February 26, 2004 Municipal Planning Commission Page 19 -'
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7-19-13-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 five.
4. The applicant ensuring adequate parking space is available for this use. A minimum of one
parking stall per two employees, one parking stall per commercial vehicle and one parking stall
for customers is required. All parking must be accommodated on site.
5. The applicant ensuring that no more than five commercial vehicles are used in conjunction with
this Home Industry Permit. No other commercial vehicles shall be permitted.
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 major.
8. The developer ensuring there is no contamination of soil, surface water or groundwater from this
use.
9. The developer ensuring all hazardous waste materials are properly disposed of in regulated
facilities.
10. The developer ensuring access can be provided for Emergency Services vehicles to all sides of
the building.
11. The developer ensuring Emergency Services vehicular access can be provided from the proposed
building to the proposed water hydrant, or other water source. This distance shall not exceed
45 m or as recommended by the Brooks Rural Fire Department.
12. The developer entering into a Rural Water Use Purposes Agreement with the Eastern Irrigation
District and providing evidence of this agreement.
~^ 13. The developer ensuring there is proper and legal access provided to the property.
14. 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.
15. This permit being valid for a time period of one year from the date of approval, at which time
it may be revoked or renewed by the Development Authority.
16. The developer contacting the Development Officer, prior to March 17, 2004, to arrange a
suitable date on which to conduct a site inspection of the property.
Carried.
Moved by Councillor Musgrove that we classify this as a "Temporary Permit for Home Industry
Major" and that approval be granted, under Section 70 of Land Use Bylaw #1443-03, for Home
Industry Major Temporary Permit # 158 TP for up to eight seasonal, non resident employees required
in conjunction with Home Industry Major Permit Application #158, subject to the following
condition:
1. This permit being valid for a time period of May -November, permitting up to eight seasonal
employees, at which time it may be either revoked or renewed by the Development Authority.
The applicant shall be responsible for re-applying during this period, if the number of temporary
seasonal non-resident employees increase.
Moved by Councillor Moss that we table this motion. Carried.
February 26, 2004 Municipal Planning Commission Page 20
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13. Land Use Chances
1. 04 LUA 001 - Pt. NE 1-21-16-W4 -Division 7
Eastern Irrigation District (Owners & Applicant)
From A -Agricultural to RUR -Rural Residential
Moved by Councillor Moss that we recommend to Council that consideration be given to first
reading of a bylaw to re-designate approximately 2.37 ha (5.86 ac) of land in the NE 1-21-16-W4
from A -Agricultural District to RUR -Rural Residential District. Carried.
2. 04 LUA 002 - Pt. NW 24-15-16-W4 -Division 4
S & K Farms Ltd. (Owner) Stephen Anderson (Applicant)
From A -Agricultural to RUR -Rural Residential
Moved by R. Steinbach that we recommend to Council that consideration be given to first reading
of a bylaw to re-designate approximately 7.72 ha (19.08 ac) of land in the NW 24-15-16-W4 from
A -Agricultural District to RUR -Rural Residential District. Carried.
3. 04 LUA 003 - Pt. SW 13-20-13-W4 -Division 3
Mark & Alice Morris (Owner) Brian Morris (Applicant)
From A -Agricultural to RUR -Rural Residential
Moved by Councillor Musgrove that we recommend to Council that consideration be given to first
reading of a bylaw to re-designate approximately 2.0 ha (4.95 ac) of land in the SW 13-20-13-W4
from A -Agricultural District to RUR -Rural Residential District. Carried.
14. Other Business
1. Proposed Develoyment - SW 3-18-14-W4
The Planner presented a report regarding proposed development in the SW 3-18-14-W4.
2. MPC Bylaw
A proposed Bylaw to establish the Municipal Planning Commission of the County of Newell was
presented to the Commission. Moved by Councillor Moss that we recommend to Council adoption
of this Bylaw, with amendments as discussed. Carried.
February 26, 2004 Municipal Planning Commission Page 21
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15. Post Agenda Items
,,.., 1. Town of Brooks -Land Use Amendment
Information from the Town of Brooks regarding a possible land use amendment in Pt. SE 29-18-14-
W4 and Plan 7810327 Block 7 was presented to the Commission. The Planner was directed to
respond to this correspondence.
2. Town of Brooks - 2004 SUB 002
A letter from the Town of Brooks requesting comments on Subdivision Application 2004 SUB 002
was presented to the Commission. The Planner was directed to reply to this letter.
3. Town of Brooks - 2004 SUB 003
A letter from the Town of Brooks regarding a land use amendment on Plan 781 0327 Block 7 & SE
29-18-14-W4 from Direct Control District (DC) to General Light Industrial District (M-2) was
presented to the Commission. The Planner was directed to reply to this letter.
4. Home Occupation - Exuired Permits
Moved by Councillor Musgrove that we extend the period for Home Occupation renewals which are
due December 31, 2003 to March 31, 2004. Carried.
Land Use Chances (Cont'd.)
4. 04 LUA 004 - NE 20-18-14-W4 -Division 5
Eastern Irrigation District (Owner) Smith Group Holdings Ltd. (applicant)
From A - Aericultural to I -Industrial
Jamal Ramj ohn, representing Smith Group Holdings Ltd., Cliff MacDonald and Byron Smith, from
Smith Group Holdings Ltd., were in attendance to provide information on this application. Moved
by B. McKellar that we recommend to Council that consideration be given to first reading of a bylaw
to re-designate approximately 56.26 ha (139.01 ac) of land in the NE 20-18-14-W4 from A -
Agricultural District to I -Industrial District. Carried.
Other Business (Cont'd.)
3. EBA En~ineerins Consultants Ltd. -Budget for County ASP's
Jamal Ramj ohn, of EBA Engineering Consultants Ltd., was in attendance to provide information on
this item. A letter from EBA Engineering Consultants Ltd., requesting additional funding to cover
expenses incurred due to scope changes, was presented to the Commission. Moved by R. Steinbach
that we approve payment of these expenses. Carried.
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February 26, 2004 Municipal Planning Conunission Page 22
16. Question Period
A question period was held. The Planner was directed to bring her request for statutory planning
to the next meeting.
17. Information Items
There were no information items.
18. Adiourn
The Chairman declared the meeting adjourned at 2:47 p.m. Carried.
C ~,,-~~.
CHAIRMAN
G~
ADMII~TISTRATOR
February 26, 2004 Municipal Planning Commission Page 23