HomeMy WebLinkAbout2004-08-31 Municipal Planning Commission (Regular) MinutesC6~
County of Newell No. 4
~` Minutes of Municipal Planning Commission Meeting
August 31, 2004
The regular Municipal Planning Commission Meeting of the County of Newell No. 4 was
held in the County Office at Brooks, AB on Tuesday, August 31, 2004 commencing at
10:00 a.m.
Members Present Chairman C. Baksa
Councillors G. Musgrove
E. Moss
Members B. McKellar
R. Steinbach
County Planner T. Henry
Development Control Officer P. Urban
Administrator A. Martens
Executive Assistant C. Isaac
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. July 23, 2004
Minutes of the July 23, 2004 meeting were presented to the Commission. Moved by
B.Mckellar that we adopt these minutes as presented. Carried.
4. Call for Post Agenda Items
The Chairman called for post agenda items.
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5.
6.
Adoption of A eg nda
Moved by Councillor Moss that the agenda be adopted as presented. Carried.
Business from Minutes
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 Garage)
There was no new information on this item.
2. Permit #2651- NE 17-21-15-W4 -Division 7
Thomas Dale Parker (Owner) Tom Parker (Applicant)
Moved in Dwelling Unit -Agricultural Residence
Moved by Councillor Moss that we classify this "Moved in Building" as a "Dwelling Unit"
being a discretionary use within the A -Agricultural District, and that approval be granted
for Development Permit #2651 for a moved in dwelling unit, for agricultural purposes, on
the NE 17-21-15-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
prior to the commencement of construction.
b) Where water is required and available, the developer entering into a Rural Water Use
Purposes or Household 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. This
agreement shall, at the applicant's expense, be registered as a caveat against the
lands, if required.
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.
August 31, 2004
Municipal Planning Commission
Page 2
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3. The developer ensuring the following setbacks are maintained for the proposed
development:
Front Side Rear
*30 m **3 m **3 m
* Minimum distance to be maintained from public roadway rights of way.
** Minimum distance to be maintained from property lines.
4. The proposed development complying with the Alberta Building Code where
applicable.
5. The developer obtaining, and complying with, 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.
6. The developer ensuring an adequate supply of water is provided for this use.
7. The developer ensuring the site is graded so that storm water does not drain onto
adjoining properties.
8. The developer ensuring there is proper and legal access provided to the property.
9. 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.
10. The developer ensuring the property is maintained to the satisfaction of the
Development Officer.
11. The developer ensuring construction materials, supplies and equipment are stored on
the property and not on the public roadway.
12. The developer ensuring the continuous clean up of construction debris tracked onto
the public roadway where access is provided to the property.
13. The developer ensuring this development is located as shown on the site plan
submitted on August 4, 2004. Any changes to that plan shall require the written
approval of the Development Officer.
14. This permit is being granted only for the development of a moved in dwelling unit,
for the purposes of an agricultural residence on NE 17-21-15-W4. Any additional
development shall require prior approval of a separate permit application.
15. The developer ensuring the design, character and appearance of the proposed
building is consistent with other buildings in the vicinity.
16. The developer ensuring the property is not used for conducting a business or
commercial operation.
17. The developer ensuring this development maintains the minimum setback distance
from the flowing gas well located at 16-17-21-15-W4.
18. The developer ensuring the proposed development does not encroach onto Water
Pipeline Right-of--Way Plan 921 0608 and Gas Pipeline Right-of--Way Plan 851
0914.
19. The developer ensuring the proposed dwelling is placed on a permanent foundation
within six months from the date of approval.
Carried.
August 31, 2004 Municipal Planning Commission Page 3
3. Definition -Truck and Trailer Wash
There was no new information on this item.
4. Redesi~nation of Public Utility Lots
The County Planner reviewed the report on the proposed changes to the Redesignation of
Public Utility Lots as part of the Land Use Bylaw #1443-03 Updates/Revisions.
5. Revisions to Land Use Bylaw #1443-03
The County Planner reviewed the report on the proposed Land Use Bylaw #1443-03
Updates/Revisions.
The County Planner will make further changes to the proposal for further review by the
Municipal Planning Commission.
7. Council & S.D.A.B. Report
Chairman Baksa updated the Municipal Planning Commission on the results from the
Sub-Division and Development Appeal Board meeting that was held on August 5, 2004.
8. Development Report - July O1, 2004 to August 24, 2004
Moved by Councillor Musgrove that we accept the Development Report. Carried.
9. Correspondence
1. Johnson Estates - Letter of Complaint
An unsigned letter of complaint, dated July 25, 2004, was presented to the Commission, as
information.
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2. Loy Asplund - Request for Discharge of Zoning Caveat
A letter from Lutes & Bell, regarding the discharge of a Zoning Caveat, described as
Instrument 1170JX, on Certificate of Title 991 317 992, was presented to the Commission,
as information.
3. Town of Brooks -Amendment to the Southwest Sector Area Structure Plan
A letter, from the Town of Brooks, with a copy of the amendment to the Southwest Sector
Area Structure Plan, was distributed to the members. Administration was directed to
respond that we have no objections to the plan.
10. Development Permits
Permit #2672 -Plan 7811389, Block 3, Lot 5 -Division 4
County of Newell (Owner) Johan Wiebe (Applicant)
Moved in Building - Single Detached Dwelling
Moved by Councillor Musgrove that we classify this "Moved in Building" as a "Single
Detached Dwelling Unit" being a discretionary use within the HSF -Hamlet Single Family
Residential District, and that approval be granted for Development Permit #2672 for a
~...._ moved in single detached dwelling unit, with attached garage, on Plan 7811389, Block 3,
Lot 5 (206 Jenny Lind Street), where the following are required prior to commencement of
construction and issuance of this permit:
a) The property reflecting the appropriate land use classification for this use.
b) The applicant becoming the registered owner of the property.
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. This
agreement shall, at the applicant's expense, be registered as a caveat against the
lfinds, if required.
d) 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.
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 85 of Land Use
Bylaw #1443-03 pertaining to the HSF -Hamlet Single Family Residential District.
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3. The developer ensuring the following setbacks are maintained for the proposed
development:
Front (South) Side Flankage(North) Rear
*7.5 m **1.5 m ***30 m *3 m
* Minimum distance to be maintained from subdivision streets or service roads.
** Minimum distance to be maintained from property lines.
*** Minimum distance to be maintained from public roadway right of way.
4. The proposed development complying with the Alberta Building Code where
applicable.
5. The developer obtaining, and complying with, 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.
6. The developer ensuring an adequate supply of water is provided for this use.
7. The developer being responsible for all costs associated with the modification of
water and sewer services to provide service to the dwelling. All this work shall be to
the satisfaction of the Hamlet Advisory Committee. The developer shall contact the
Scandia Advisory Committee, prior to backfilling, to review all connections. The
developer shall also be responsible for the restoration of the street, to the satisfaction
of the Superintendent of Public Works, when these services are installed.
8. The developer ensuring the site is graded so that storm water does not drain onto
adjoining properties.
9. The developer ensuring there is proper disposal of sewage and waste from this use.
10. The developer ensuring the property is maintained to the satisfaction of the
Development Officer.
11. The developer ensuring construction materials, supplies and equipment are stored on
the property and not on the public roadway.
12. The developer ensuring the continuous clean up of construction debris tracked onto
the public roadway where access is provided to the property.
13. The developer ensuring this development is located as shown on the site plan
submitted on July 30, 2004. Any changes to that plan shall require the written
approval of the Development Officer.
14. This permit is being granted only for the development of a moved in single detached
dwelling with attached garage, on Plan 7811389, Block 3, Lot 5 (206 Jenny Lind
Street, Hamlet of Scandia). Any additional development shall require prior approval
of a separate permit application.
15. The developer ensuring the proposed building is consistent with the purpose of the
land use district and that the design, character and appearance of the single detached
dwelling unit is compatible with, or exceeds the standard of, the existing buildings in
the vicinity.
16. The developer ensuring the property is not used for conducting a business or
commercial operation.
17. The developer ensuring landscaping of the property is complete within two years
from the date of approval.
18. The developer ensuring all outdoor garbage containers are covered and screened
from the public roadways.
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19. There being no objections received from the Scandia Advisory Committee.
r^ 20. The developer ensuring that the proposed building is placed on a permanent
foundation within six months from the date of approval.
Carried.
2. Permit #2675 -Plan 9411176, Unit #30 (Lake Newell Resort) -Division 5
Chad Secondiak (Owner) Craig Smit, CK Carpentry (Applicant)
Variance to Land Use Bylaw #1443-03 Section 90.4 -Rear Yard Setback to
Facilitate the Construction of a Single Detached Dwelling, Deck
and Attached Garage
Moved by R. Steinbach that we refuse Development Permit #2675 to facilitate the
construction of a single detached dwelling, deck, and attached garage as it does not meet the
setback requirements and encroaches on a registered easement. Carried.
3. Permit #2676 - Ptn. SW 27-18-14-W4
Plan 0111873, Block 3, Lot 1 -Division 5
Laverne & Shirley Krauss (Owners) Craig Smit, CK Carpentry (Applicant)
Construction of Accessory Building
Moved by Councillor Moss that we classify this use as an "Accessory Building" being a
,- discretionary use within the A -Agricultural District, and that approval be granted for
Development Permit #2676 for the construction of an accessory building, not exceeding 73
m2 (784 ft.2 ), for the purposes of general storage, on Plan 0111873, Block 3, Lot 1 (within
Ptn. SW 27-18-14-W4), where the following are required prior to commencement of
construction:
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. This
agreement shall, at the applicant's expense, be registered as a caveat against the
lands, if required.
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.
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' 3. The developer ensuring the following setbacks are maintained for the proposed
development:
Front (North) Side Flankage (West) Rear
* 30 m **3 m *30 m **3 m
* Minimum distance to be maintained from public roadway right of way.
** Minimum distance to be maintained from property lines.
4. The proposed development complying with the Alberta Building Code where
applicable.
5. The developer obtaining, and complying with, 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.
6. The developer ensuring an adequate supply of water is provided for this use.
7. The developer ensuring the site is graded so that storm water does not drain onto
adjoining properties.
8. The developer ensuring there is proper and legal access provided to the property.
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.
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 August 4, 2004. 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 an accessory building, for
the purposes of general storage, on Plan O11 1873, Block 3, Lot 1 (within Ptn. SW
27-18-14-W4). Any additional development shall require prior approval of a
separate permit application.
14. The developer ensuring the total area of the proposed accessory building does not
exceed 73 m2 (784 ft.2).
15. 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.
16. The developer ensuring the exterior of the proposed accessory building is sided with
materials the same as, or consistent with, the exterior of the existing buildings.
17. The developer ensuring there is a 2 m (6.6 ft.) separation distance between the
proposed accessory building and the existing buildings.
18. The developer ensuring the property is not used for conducting a business or
commercial operation.
Carried.
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4. Permit #2678 - SW 18-21-14-W4 -Division 8
Janet McCormack (Owner) Kent Morelli, Telus Mobility (Applicant)
Telecommunications Tower and Ancillary Building
Moved by R. Steinbach that we classify this use as a "Telecommunications Facility" being a
discretionary use within the A -Agricultural district, and that approval be granted for
Development Permit # 2678 for the development of a Telecommunications Tower and
ancillary building, on the SW 18-21-14-W4 containing 10.00 acres, where the following are
required prior to commence of construction and issuance of this permit:
a) The developer providing the County of Newell with a copy of an approved Roadside
Development Permit issued by Alberta Transportation.
b) The applicant providing the Development Officer with a revised site plan.
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, pertaining
to the A -Agricultural District of Land Use Bylaw #1443-03.
3. The developer ensuring the following setbacks are maintained for the proposed
development:
Front Side Rear
* 30 m **3 m **3 m
* Minimum distance to be maintained from the public roadway right of way.
** Minimum distance to be maintained from property lines.
4. The developer obtaining, and complying with, 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.
5. The developer being responsible for all costs associated with the modification of
franchise utilities to provide service to the site.
6. The developer ensuring there is proper and legal access provided to the property.
7. The developer assuming all responsibility for the maintenance of the access road and
turn-around area for this development.
8. The developer ensuring the property is maintained to the satisfaction of the
Development Officer.
9. The developer ensuring construction materials, supplies and equipment are stored on
the property and not on the public roadway.
10. The developer ensuring this development is located as shown on the revised site plan
submitted on August 25, 2004. Any changes to that plan shall require the written
approval of the Development Officer.
11. This permit is being granted only for the development of a 122 m (400 ft.)
Telecommunications Tower, with 37 m2 (403 ft.2) ancillary building on the SW 18-
21-14-W4, containing 10.00 acres. Any additional development shall require prior
approval of a separate permit application.
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12. The design and appearance of all wireless communications facilities including
antennas, antenna mounts, equipment shelters and cable runs, shall minimize the -
visibility of facilities through the use of colour, consistent architectural styles and
design.
13. The developer ensuring that the tower shall be designed to prevent climbing or
sliding down and the leased area is fenced with chain link fencing materials.
14. The developer ensuring that the use of any portion of a tower or antenna for signs,
other than to provide a warning of equipment information is not permitted.
15. The developer ensuring that if the telecommunications facility, or antenna equipment
become obsolete, it is removed and the development site reclaimed. All this work
shall be done within six months of cessation of use.
16. The developer ensuring that the appropriate form of lighting is utilized for this
development acceptable to Transport Canada.
17. The developer providing the Development Officer with a copy of an approved
application issued by Industry Canada.
18. The developer ensuring there is no contamination of soil, surface water or
groundwater from this use.
19. The developer addressing, to the satisfaction of Alberta Transportation, any concerns
put forward by Alberta Transportation.
Carried.
11. Home Occupation/Home Industry Permits
1. Permit #169 - SW 10-19-14-W4 (Johnson Estates)
Plan 0214024, Block 8, Lot 11
Soren & Rosie Hansen (Owners) Soren Hansen (Applicant)
Mobile Tire Repair Service (One Commercial Truck and One Trailer)
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 Application # 169 for a Mobile Tire Repair Service on Plan
0214024, Block 8, Lot 11 (within SW 10-19-14-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 adequate parking space is available for this use, up to two
stalls, within the front yard setback.
5. 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 or stored on site.
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6. 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.
7. The applicant ensuring there is no other outside storage of goods or materials related
to this Home Occupation Permit other than the truck and trailer described in this
application.
8. The applicant ensuring no noise, vibration, smoke, dust or odours, which may affect
adjacent landowners or development, are created from this home occupation major.
9. The developer ensuring there is no contamination of soil, surface water or
groundwater from this use.
10. This permit being valid for a time period of one year from the date of approval, at
which time it may be either renewed or revoked by the Development Authority
under the provisions of the land use bylaw. The applicant shall be responsible for re-
applying aminimum of two months before the expiry date.
Carried.
2. Permit #170 - NW 21-20-14-W4 -Division 8
RKL Enterprises, Inc. (Owner) Mr. & Mrs. Ralph Siemens (Applicants)
Contract Commercial Truck Storage
Moved by Councillor Musgrove that we refer this to a future meeting when the following
items can be presented to the Commission:
,,.-. a) Plans demonstrating the location of road approaches, in compliance with Alberta
Transportation.
b) Proof of registered vehicles/equipment operating under this business.
c) The association of the person residing in the house on-site, in relation to the
business.
d) Proof of the title of ownership for the business.
Carried.
12. Agricultural Support Services Permits
There were no Agricultural Support Services Permit items.
13. Land Use Changes
There were no Land Use Change items.
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14. Subdivisions
1. #04 NL 017- NW 31-18-14-W4, Plan 9811297, Block 1, Lot 2
West of the Town of Brooks -Division 5
Erwin & Sylvie Ochsner (Owner) Erwin Ochsner (Applicant)
Subdivision of a 2.77-acre Country Residential parcel into parcels of
1.5-acres and 1.27 acres
Moved by Councillor Musgrove that we recommend to Council approval of Subdivision #04
NL 017, to allow for the subdivision of a 2.77-acre Country Residential parcel into parcels
of 1.5-acres and 1.27-acres, subject to the following conditions:
1. That all oil and gas company leases, rights of way -and board orders, be 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 applicant entering into an agreement with the County of Newell for the
installation, removal and/or upgrade of any required road approaches to the proposed
and/or remnant parcels.
4. The applicant providing a 3.5-metre utility easement to the Town of Brooks for
future servicing from the Town. The applicant providing and receiving approval of
construction plans, if required, by the County's Public Works Department. Such
plans may include: storm water management plan, lot grading plan, infrastructure
plan, and drawings depicting ditch and road profiles.
5. The applicant entering into a joint access agreement with the proposed parcel.
6. The applicant meeting all the requirements of the Eastern Irrigation District with
respect to the conveyance of water as well as easements.
7. The applicant entering into a Rural Water Use Purposes Agreement with the Eastern
Irrigation District and providing evidence of this agreement.
8. The applicant providing municipal reserve in the form of cash-in-lieu. The amount
will be determined at the time of endorsement by the municipality. The applicant
may provide an appraisal conducted by a certified professional to determine market
value of land. This will include the amount of land that was deferred in the prior
subdivision case 97 NL 24.
9. That all outstanding municipal taxes be paid prior to the endorsement.
Carried.
15. Other Business
AACIP - CIP Conference in Calgary 2005
Moved by Councillor Musgrove that we propose in the budget attendance for members of
the Municipal Planning Commission and the Subdivision & Development Appeal Board at
the AACIP-CIP Conference in Calgary for 2005. Carried.
August 31, 2004 Municipal Planning Commission Page 12
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Lunch
The Commission recessed for lunch from 11:56 a.m. to 1:05 p.m.
16. Statutory Plans -New & Amendments
Area Structure Plans -Urban Referral Areas
The County Planner presented the Commission with a background report showing the
results of proposals, from planning consultants, for four (4) Area Structure Plans.
Moved by Councillor Moss that we recommend to Council that we accept the contract
proposal from UMA Engineering to produce Area Structure Plans for the Urban Referral
Areas of the Town of Bassano, Village of Duchess, Village of Rosemary and Village of
Tilley in the amount of $56,518.00, plus GST. Carried.
10. Development Permits Cont'd
5. Permit #2680 - SE 29-19-14-W4
,,,.., Plan 0211549, Block 6, Lot 1 -Division 10
Leona Marcy (Owner) Murray Marcy (Applicant)
Variance to Land Use Bylaw #1443-03 -Section 55 Dwelling Units Per Parcel
Replacement Home (Modular)
Murray and Susan Marcy, were in attendance at the meeting and arrived at 1:31 p.m.
The delegation provided information on this application.
The delegation left the meeting at 1:40 p.m.
August 31, 2004 Municipal Planning Commission Page 13
Moved by Councillor Moss that the we refuse Development Permit #2680 for the
construction of a dwelling unit, being a modular home, on Plan 0211549, Block 6, Lot 1
(within SE 29-19-14-W4), for the following reason:
a. This proposal contravenes Section 55 of Land Use Bylaw #1443-03, pertaining to
Dwelling Units Per Parcel, as there is more than one dwelling unit per parcel.
Carried.
17. Post Agenda Items
There were no post agenda items.
18. Ouestion Period
A question period was held.
19. Information Items
There were no information items.
20. Adjourn
The Chairman declared the meeting adjourned at 1:44 p.m.
Choi
CHAIRMAN
ADMINISTRATOR
August 31, 2004 Municipal Planning Commission Page 14