HomeMy WebLinkAbout2004-09-28 Municipal Planning Commission (Regular) MinutesCounty of Newell No. 4
r--- Minutes of Municipal Planning Commission Meeting
September 28, 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, September 28, 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.
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2. Excused from Meeting
All members were in attendance at the meeting.
3. Minutes
1. August 31, 2004
Minutes of the August 31, 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 Agenda
Moved by Councillor Musgrove that the agenda be adopted as presented. Carried.
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6. 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. Defmition -Truck and Trailer Wash
Administration was directed to remove this item from the agenda.
3. Revisions to Land Use Bylaw #1443-03
The County Planner reviewed the report on the proposed Land Use Bylaw #1443-03
Updates/Revisions.
Moved by Councillor Musgrove that we recommend to Council that consideration be given
to first reading of a bylaw for the Land Use Bylaw #1443/03 Updates/Revisions report, as
presented by the County Planner. Carried.
4. Permit #170 - NW 21-20-14-W4 -Division 8
RKL Enterprises, Inc. (Owner) Mr. & Mrs. Ralph Siemens (Applicants)
Contract Commercial Truck Storage
Ralph Siemens, RKL Enterprises Inc., was in attendance at the meeting and arrived at 10:06
a.m.
Ralph Siemens informed the Commission that the number of trucks being operated under
the business does not exceed five trucks and six trailers, and clarified that the person
residing on the property is an employee of the business. He also noted that he continues to
work on obtaining approval from Alberta Transportation with regard to road approaches.
He also clarified that the cattle liners parked on the property are being utilized in the hauling
of cattle carriers when the tractor units are not working in the oilfield.
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Moved by R. Steinbach that we classify this use as a "Home Industry Major" being a
,-- discretionary use within the A -Agricultural District and that approval be granted for Home
Industry Major Permit Application #170, for the operation of a contract commercial truck
service, containing five trucks and six trailers, with a total of five non-residential, part-time
and full time employees, on the NW 21-20-14-W4, where the following are required prior to
approval 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.
and subject to the following conditions:
1. This use complying with all Federal, Provincial and Municipal statutes, regulations,
codes and standards.
2. This use not affecting the residential use of the property or adjacent properties and
area.
3. The total number of non resident, part-time and full-time employees involved with
the said occupation, not exceeding five.
4. The applicant ensuring that no more than five commercial trucks and six trailers, are
used in conjunction with this Home Industry Major. No other commercial vehicles
or trailers 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 no noise, vibration, smoke, dust or odours, which may affect
adjacent landowners or development, are created from this Home Industry Major.
7. The applicant ensuring adequate parking space is available for this use.
8. The applicant ensuring there is no contamination of soil, surface water or
groundwater from this use.
9. The developer ensuring all outdoor garbage containers are covered and screened
from the public roadways.
10. The applicant ensuring adequate parking space is available for this use.
11. The applicant ensuring the existing outdoor wash bay is not utilized as a public
truck/trailer wash facility or for the washing of the livestock trailers.
12. The applicant addressing, to the satisfaction of Alberta Transportation, any concerns
put forward by Alberta Transportation.
13. This permit being valid for a time period of three years 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. It is the responsibility of the applicant to
apply for renewal a minimum of two months prior to its expiration.
Carried.
Ralph Siemens left the meeting at 10:30 a.m.
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7. Council & S.D.A.B. Report
Chairman Baksa gave this report.
8. Development Report -August 25, 2004 to September 21, 2004
Moved by Councillor Musgrove that we accept the Development Report. Carried.
9. Correspondence
1. Town of Brooks -Outline Plan for a Portion of the Southeast Sector
An Outline Plan from the Town of Brooks, for the Southeast Sector was presented to the
Commission. The County Planner was directed to respond that we have no objections to the
plan.
2. Town of Brooks -Subdivision Application #2004 SUB 009, Bylaw #04/24 &
#04/25 to Amend the Land Use Bylaw #03/30, Southwest Sector Area Structure Plan
#2004 ASP 002
a) Town of Brooks -Subdivision Application #2004 SUB 009
A letter from the Town of Brooks, regarding a subdivision, was presented to the
Commission. The County Planner was directed to request copies of the Outline Plan
and Storm Water Plan so that we can respond to this circulation appropriately.
b) Town of Brooks -Bylaw #04/24 to Amend Land Use Bylaw #03/30
A letter from the Town of Brooks, regarding a land use bylaw amendment, was
presented to the Commission. The County Planner was directed to respond that we
have no objections to the circulation.
c) Town ofBrooks -Bylaw #04/25 to Amend Land Use Bylaw #03/30
A letter from the Town of Brooks, regarding a land use bylaw amendment, was
presented to the Commission. The County Planner was directed to respond that we
have no objections to the circulation.
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,.-, 17. Post Agenda Items
1. Town of Brooks -Southwest Sector Area Structure Plan #2004 ASP 002 - Bylaw
#04/23
A letter from the Town of Brooks, regarding an amendment to the Southwest Area Structure
Plan, was presented to the Commission. The County Planner was directed to respond that
we have no objections to the circulation.
9. Correspondence - Cont'd
3. BSEI -Application for Subdivision of a Parcel
A letter from BSEI Municipal Consulting Engineers, regarding a subdivision parcel was
presented to the Commission. Administration was directed to respond to the Village of
Duchess noting the concerns of a feed lot located within County jurisdiction just northeast
of the proposed residential subdivision and that this letter be sent to the feed lot operator as
well.
10. Development Permits
1. Permit #2683 - SW 15-21-17-W4 Plan 1786 BA, Block 2, Lot A -Division 6
Wayne & Rosemary Ragan (Owner) Wayne Ragan (Applicant)
Dwelling Unit and Accessory Building Construction
Moved by B. McKellar that we classify these buildings and uses as a "Dwelling Unit" and
"Accessory Building" for the purposes of general and vehicular storage, being discretionary
uses within the A -Agricultural District and that approval be granted for Development
Permit # 2683 for the development of a dwelling unit and accessory building, on Plan 1786
BA, Block 2, Lot A (within SW 15-21-17-W4), where the following is required prior to
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 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.
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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 (West) Side Flankage Rear
*7.5 m **3 m *7.5 m **3 m
* Minimum distance to be maintained from subdivision streets or service roads.
** 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 there is proper disposal of sewage and waste from this use.
The developer ensuring the appropriate septic system is utilized for this
development.
8. The developer being responsible for all costs associated with the modification of
water and sewer services to provide service to the dwelling.
9. The developer ensuring the site is graded so that storm water does not drain onto _.
adjoining properties.
10. The developer ensuring there is proper and legal access provided to the property.
11. The developer ensuring the property is maintained to the satisfaction of the
Development Officer.
12. The developer ensuring construction materials, supplies and equipment are stored on
the property and not on the public roadway.
13. The developer ensuring this development is located as shown on the revised site plan
submitted on September 22, 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 2,090 ft. 2 dwelling unit
and a 960-ft.2 accessory building, for the purposes of general and vehicular storage,
on Plan 1786 BA, Block 2, Lot A (within the SW 15-21-17-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
buildings are consistent with other buildings in the vicinity.
16. The developer ensuring there is a 2 m (6.6 ft.) separation distance between the
proposed accessory building and dwelling unit.
17. The developer ensuring the exterior of the proposed accessory building is sided with
materials the same as, or consistent with, the exterior of the proposed dwelling unit.
18. The developer ensuring all outdoor garbage containers are stored in weatherproof
and animal-proof containers and are covered and screened from the public roadways.
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19. The developer ensuring the proposed development maintains the minimum required
,,-- separation distance from the flowing gas well located at 6-15-21-17-4.
20. The developer ensuring the property is not used for conducting a business or
commercial operation.
21. There being no objections received from the Agricultural Service Board.
22. The developer removing any structures located on the subdivision street right of way
of Plan 1786 BA within six months from the date of approval.
Carried.
2. Permit #2684 - NE 4-19-14-W4 Plan 1872 FR, Parcel A -Division 10
Conex Rentals Corporation (Owner) Harold Stuckert (Applicant)
Variance to Land Use Bylaw #1443-03 -Front Yard Setback
Existing Office Complex
Moved by Councillor Moss that we refer this to a future meeting when we can confirm that
this development is not within 1.5 meters of the ATCO Gas pipeline. Carried.
3. Permit #2690 - NE 35-18-15-W4 Plan 8211419, Block 1, Lot 2
Steve & Debra Kowal (Owners) Donald Lucky (Applicant)
Construction of Accessory Building -Retail Establishment (Sale of Used Partsl
.-- The applicant has withdrawn this application..
11. Home Occupation/Home Industry Permits
There were no Home Occupation/Home Industry Permit items.
12. Agricultural Support Services Permits
There were no Agricultural Support Services Permit items.
Recess
The Commission recessed the meeting from 11:08 a.m. -11:15 a.m.
September 28, 2004 Municipal Planning Commission Page 7
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14. Subdivisions
Marinus & Phyllis Smit were in attendance at the meeting and arrived at 11:17 a.m.
#04 NL 016 - Pt. NW 24-14-14-W4 -Division 1
Marinus & Phyllis Smit (Owners & Applicants)
Subdivision of recently approved 9.78-acre Rural Residential pazcel
from agricultural land
Moved by B. McKellaz that we recommend to Council approval of Subdivision #04 NL
016, to allow for the subdivision of recently approved 9.986-acre Rural Residential pazcel
from agricultural land, subject to following conditions:
1. That all oil and gas company leases, rights of way and boazd orders, be carried
forward, when the subdivision mylaz is registered at Land Titles Office.
2. The applicant providing easements to franchise utilities for services to the proposed
pazcels. 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, upgrade and/or removal of any required road approaches to the proposed
and/or remnant pazcels.
4. The applicant providing and receiving approval of construction plans, if required by
the County's Public Works Deparhnent. Such plans may include: storm water
management plan, lot grading plan, infrastructure plan, and drawings depicting ditch
and road profiles.
5. .The applicant meeting any requirements of the Eastern Irrigation District with
respect to the conveyance of water as well as easements.
6. That all outstanding municipal taxes be paid prior to the endorsement.
Carried.
Marinus & Phyllis Smit left the meeting at 11:23 a.m.
13. Land Use Changes
#04 LUA 23 - Pt. N'/2 & SE 34-18-14-W4 -Division 5
Dick Dick (Owner & Applicant)
From A -Agricultural District to HWY C - Highway Commercial District
Moved by Councillor Moss that we recommend to Council that consideration be given to
first reading of a bylaw to re-designate approximately 143 acres in N'/z & SE 34-18-14-W4
from A -Agricultural District to HWY C -Highway Commercial District. Carried.
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2. #04 LUA 24 - Pt. S W 17-19-14-W4 -Division 10
Wells Ranching Company (Owner) Bill & Linda Wells (Applicants)
From A - Agricultural District to LI - Light Industrial District
Moved by Councillor Moss that we recommend to Council that consideration be given to
first reading of a bylaw to re-designate approximately 9.89 acres of land in SW 17-19-14-
W4 from A -Agricultural District to LI -Light Industrial District. Carried.
14. Subdivisions - Cont'd
2. #04 NL 018 - Pt. SW 25-18-15-W4 -Division 5
Robert & Elsie Strach (Owners & Applicants)
To subdivide a Light Industrial parcel into one lot of 5.43 acres
and another into 5.44 acres
Moved by R. Steinbach that we recommend to Council approval of Subdivision #04 NL
018, to allow for the subdivision of a Light Industrial parcel into one lot of 5.43 acres and
another into 5.44 acres, subject to subject to 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 an easement to franchise utilities for services to the
proposed parcels. The applicant maybe responsible for the costs associated with the
installation, removal or modification of services.
~' 3. The applicant registering on title, a joint access agreement to the light industrial
parcels, if Public Works approves the construction of one approach.
4. 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 an agreement with the County of Newell for the
installation, upgrading and/or removal of any required road approaches to the
proposed and/or remnant parcels.
6. The applicant meeting all requirements of the Eastern Irrigation District with respect
to the conveyance of water as well as easements.
7. The applicant entering into a Rural Purposes Water agreement with the Eastern
Irrigation District.
8. The applicant providing municipal reserve in the form of a deferred reserve caveat to
be registered against the remnant agricultural parcel of SW 25-18-15-W4. The
amount required for the deferred reserve will be calculated at the time the applicant
provides a plan of subdivision to the municipality for endorsement.
9. The dedication of a 20-metre strip of land for the future development of a service
road with access from Silver Sage Road to the service road for the affected parcels.
September 28, 2004 Municipal Planning Commission Page 9
10. The applicant providing a 3.5-metre utility easement to the Town of Brooks for
future servicing from the Town. This utility easement will be just north of the 20-
metres required for a future service road.
11. That all outstanding municipal taxes be paid prior to the endorsement.
Carried.
15. Statutory Plans -New & Amendments
1. ASP's - LIMA Engineering
The Planner updated the Commission on the status of these projects.
16. Other Business
There were no Other Business items.
17. Post Agenda Items - Cont'd
2. Collection of Additional Fees for Document Searches
Moved by Councillor Moss that we revise the Development Permit Fee Schedule to charge
additional fees for document searches on a price per cost basis. Carried.
18. Question Period
A question period took place.
19. Information Items
There were no information items
20. Adjourn
The Chairman declared the meeting adjourned at 11:47 a.m.
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ADMIl~TISTRATOR
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