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HomeMy WebLinkAbout2004-12-21 Municipal Planning Commission (Regular) MinutesCounty of Newell No. 4 Municipal Planning Commission Meeting December 21, 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, December 21, 2004 commencing at 10:00 a.m. Members Present: Chairman C. Vermeeren Councillors I. Schroeder H. Wutzke Member B. McKellar County Planner T. Henry Assistant Administrator N. Moriyama Executive Assistant C. Isaac Members Absent: Member S. Swenson Development Control Officer P. Urban 1. Call to Order The Chairman called the meeting to order at 10:00 a.m. 2 ~.- 3 4 5. Excused from Meeting Moved by B. McKellar that Shelley Swenson be excused from the meeting. Carried. Minutes 1. November 30, 2004 Minutes of the November 30, 2004 meeting were presented to the Commission. Moved by Councillor Wutzke that we adopt these minutes as presented. Carried. Call for Post Agenda Items The Chairman called for post agenda items. Adoption of Agenda Moved by B. McKellar that the agenda be adopted as amended. Carried. ~. 6. Business from Minutes 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 Yazd Setback Existing Office Complex There was no new information on this item. 2. Permit #2691- NW 31-18-14-W4 Plan 041 (Former Plan 9811297, Block 1, Lot 2) -Division 5 Erwin & Sylvia Ochsner (Ownersl Erwin Ochsner (Applicant, There was no new information on this item. 3. Permit #2697 - SW 19-19-14-W4 Plan 9010624, Block 1 -Division 10 Lakeside Feeders, Ltd. (Owner) Brent Altwasser (Applicant) Packing Facility Expansion Moved by Councillor Wutzke that we classify the existing building and use as a "Packing Facility" being a discretionary use within the AI -Agricultural Industrial District, and that approval be granted for Development Permit #2697 fora 1,672m2 (18,000 ft.2) packing facility addition, being a cooler expansion and a hot water storage tank, to be - located on Plan 9010624, Block 1, containing 99.73 Acres, (within SW 19-19-14-W4), r~ where the following are required prior to commencement of construction and issuance of this permit: a) The property reflecting the appropriate land use district for this use. b) 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. c) The developer entering into a Roadside Development Agreement with Alberta Transportation, if required by Alberta Transportation, and providing evidence of this agreement. and subject to the attached 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 80 of Land Use Bylaw #1443-03, and amendments thereto, pertaining to the AI - Agricultural Industrial District. Dece`mbrer 21, 2004 Municipal Planning Commission Page 2 ~,V~ 3. The developer ensuring the following setbacks are maintained for the proposed development: Front Side Flankage Rear *30 m **10 m *30 m **10 m * Minimum distance to be maintained from public roadway right of way or secondary highways. ** 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 complying with the Alberta Fire Code where applicable. The developer shall contact Mr. Kevin Swanson, Fire Chief, Brooks Rural Fire Department, 403-362-2331, to ensure compliance with Fire Code Regulations or other matters related to fire protection. A water supply, for fire protection, shall be provided in proximity to the property that is to the satisfaction of the Brooks Rural Fire Department. 7. The developer ensuring access can be provided for Emergency Services vehicles to all sides of the building. 8. The developer ensuring an adequate supply of water is provided for this use. 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 there is proper disposal of sewage and waste from this use. 12. The developer ensuring the property is maintained to the satisfaction of the Development Officer. 13. The developer ensuring construction materials, supplies and equipment are stored on the property and not on the public roadway. 14. The developer ensuring the continuous clean up of construction debris tracked onto the public roadway where access is provided to the property. 15. The developer ensuring this development is located as shown on the site plan submitted on September 23, 2004. Any changes to that plan shall require the written approval of the Development Officer. 16. This permit is being granted only for the development of a 1,672m2 (18,000 ft.2) packing facility addition, being a cooler expansion and a hot water storage tank on Plan 9010624, Block 1, containing 99.73 Acres (within SW 19-19-14-W4). Any additional development shall require prior approval of a separate permit application. 17. The developer ensuring the exterior of the proposed addition is sided with materials the same as, or consistent with, the exterior of the existing building. 18. The developer ensuring there is no contamination of soil, surface water or groundwater from this use. 19. The developer ensuring all hazardous waste materials are properly disposed of in regulated facilities. December 21, 2004 Municipal Planning Commission ,p ,, APage 3 (.- , v 20. The developer ensuring all outdoor garbage containers are stored in weatherproof and animal-proof containers and are covered and screened from the public roadways. 21. The developer ensuring adequate parking space is available for this use. 22. The developer ensuring that an appropriate form of dust suppression is maintained at this site at all times. This shall be in the form of crushed rock, pavement, or other means satisfactory to the Development Authority. 23. There being no objections received from the Alberta Energy and Utilities Board. 24. The developer addressing, to the satisfaction of Alberta Transportation, any concerns put forward by Alberta Transportation. Carried. 4. Permit #2705 - NW 5-19-15-W4 Plan 9310398, Block 1 -Division 5 Robert & Linda Bergen (Owners) Robert Bergen (Applicant) Moved in 1997 Manufactured Home with Deck Moved by Councillor Wutzke that we classify this building as a "Manufactured Home" being a permitted use within the CR2 -Country Residential 2 District, and that approval be granted for Development Permit #2705 fora 1997 moved in 1112 (1,216 ft.2) manufactured home with a deck, to be located on Plan 9310398, Block 1, granting a temporary variance to Section 55 of Land Use Bylaw #1443-03 to permit two dwellings on an un-subdivided parcel. The following variances have also been granted: i) 12 m (39 ft.) to Section 73(2), Flankage Yard Setback, for the existing shop and; - ii) 2.3 m (7.5 ft.) and 9 m (29.5 ft.), Front Yard and Flankage Yard Setback _~. respectively, for the proposed manufactured home, where the following are required prior to issuance of this permit: a) The developer satisfying, to the satisfaction of the County Planner, all requirements of Subdivision File # 03 NL 014. b) 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. 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 82 of Land Use Bylaw #1443-03, and amendments thereto, pertaining to the CR2 -Country Residential 2 District. December 21, 2004 Municipal Planning Commission Page 4 ~ ~1 3. The developer ensuring the following setbacks are maintained for the proposed development: .-. Front (North) Side Flankage (West) Rear (As varied by the (As varied by the Municipal Planning Conunission) (Municipal Planning Conunisison) *27.7 m **3 m *21 m **7.5 m * Minimum distance to be maintained from public roadway right of way or secondary highways. ** 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 the site is graded so that storm water does not drain onto adjoining properties. 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 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 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 is located as shown on the revised site plan submitted on December 9, 2004. 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 a 1997 moved in manufactured home, with a deck on Plan 9310398, Block 1 (within NW 5-19-15- W4). Any additional development shall require prior approval of a separate permit application. 13. 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 proposed building is compatible with or exceeds the standard of other buildings in the vicinity. 14. The developer ensuring the manufactured home is skirted with materials the same as or consistent with the remainder of the building. 15. The developer ensuring there is a 2 m (6.6 ft.) separation distance between the proposed manufactured home and the existing buildings. 16. The developer ensuring the property is not used for conducting a business or commercial operation. 17. The developer moves any accessory buildings, other than the garage, so they will conform to Section 82 of Land Use Bylaw #1443-03. Carried. December 21, 2004 Municipal Planning Commission Page,,5 "~ V 5. Permit #2715 - SE 6-15-13-W4 Plan 0111162, Block 8, Lot 4 -Division 1 Carman Wilcox (Owner) Jim Aleman & Terry Gould (Applicants/Purchasers) Moved in 1979 Dwelling Unit and Construction of Accessorv Building There was no new information on this item. 6. Permit #173 - NW 5-19-15-W4 Plan 9310398, Block 1-Division 5 Robert & Linda Bergen (Owners) Robert Bergen, Operating as: Bergundy Pressure Testing (Applicant) Existing Pressure Testing Service There was no new information on this item. 7. Council & S.D.A.B. Report Councillor Vermeeren gave this report. 8. Development Report -November 25 -December 14, 2004 Moved by Councillor Wutzke that we accept the Development Report. Carried. 9. Correspondence 1. Town of Brooks -Comments on Subdivision Application #2004 SUB 011 A letter from the Town of Brooks, regarding subdivision application #2004 SUB 011, was presented to the Commission. The County Planner was directed to respond to this circulation. 2. Town of Brooks -Comments on Subdivision Application #2004 SUB 012 A letter from the Town of Brooks, regarding subdivision application #2004 SUB 012, was presented to the Commission. The County Planner was directed to respond to this circulation. `De'cember 21, 2004 Municipal Planning Commission Page 6 ~,V i 16. Post Agenda Items 1. Town of Brooks -Comments on Village of Rosemary Subdivision Application #2004 RO 002 A letter from the Town of Brooks, regarding subdivision application #2004 RO 002, was presented to the Commission. The County Planner was directed to respond to this circulation. 10. Development Permits There were no new Development Permit items. 11. Home Occupation/Home Industry Permits There were no new Home Occupation/Home Industry Permit items. 12. Agricultural Support Service Permits There were no new Agricultural Support Service Permit items. ~.-. 13. Land Use Changes 1. #02 LUA 018 - Pt. SE 3-19-14-W4 -Division 10 A & E RV Sales & Service, Ltd. (Owner & Applicant) From CR 2 -Country Residential 2 District to LI -Light Industrial District Moved by B. McKellar that we recommend to Council that we refuse the request to change approximately 0.63 ha (1.55 acres) in Pt. SE 3-19-14-W4, from CR 2 -Country Residential 2 District to LI -Light Industrial District, and that we recommend to Council that consideration be given to first reading of a bylaw to re-designate approximately 0.63 ha (1.55 acres) in Pt. SE 3-19-14-W4, from CR 2 -Country Residential 2 District to HWY C -Highway Commercial District. Carried. Recess The Commission recessed from 10:57 a.m. to 11:01 a.m. ,~-~ December 21, 2004 Municipal Planning Commission Page 7 -~- , v . 14. Subdivisions 2. #04 NL 023 - Pt. SE 6-19-14-W4 Plan 7811334, Block C -Division 10 J. Cecil & Christine Blair (Owners) Cliff McDonald (Applicant) -- Subdivision of a Country Residential parcel to create a single 11.47 -acre parcel From a 41.36-acre parcel in order to transfer the land There were eleven (11) members of public in attendance at the meeting and arrived at 11:02 a.m. Doug Larson was in attendance at the meeting and arrived at 11:03 a.m. Issues raised by concerned ratepayers were: - Septic systems, - Road alignments, - Traffic, - Lot configuration, - Annexation, - Tie into the Town of Brooks services, and - Notification process for meeting dates and meeting date changes Councillor Vermeeren and the County Planner clarified these issues and noted that many of these concerns are pre-mature, since this application is merely to subdivide the land to create another certificate of title in order to transfer the lands to another party. Councillor Vermeeren mentioned that any new party would have to follow, or amend, the Cassils Road Area Structure Plan if any development is to occur. The members of public in attendance were notified about the requirements that the County follows, in accordance to the Municipal Government Act, for subdivision advertising and notification procedures. The members of public were also informed that another public meeting will be held with Council regarding this application. Cam Christianson, Midwest Surveys, was in attendance at the meeting and arrived at 11:12 a.m. The eleven (11) members of public left the meeting at 11:30 a.m. December 21, 2004 Municipal Planning Commission Page 8 ~v~ 14. Subdivisions - Cont'd ~- 3. #04 NL 024 - Pt. NW 7-19-14-W4 Plan 4057 J.K., Lot A -Division 5 Doug Larson, Brooks Lube & Alignment (Owner) Cam Christianson, Midwest Surveys (Applicant) To subdivide an Industrial parcel into one lot of 2.62 acres and another into 4.13 acres Moved by B. McKellar that we recommend to Council approval of Subdivision #04 NL 024, to allow for the subdivision of an Industrial parcel into one lot of 2.62 acres and another into 4.13 acres, 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 a caveat for the dedication of a 5-metre strip of land along the westerly boundary of the affected parcels for future road widening. 4. The applicant registering on title, a joint access agreement to the industrial parcels. 5. 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. 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 providing municipal reserve in the form of cash-in-lieu. The amount required will be calculated at the time the applicant provides a plan of subdivision to the municipality for endorsement. 8. The applicant providing a 3.5-metre utility easement to the Town of Brooks for future servicing from the Town. The location of this easement will be beyond the 5-metre caveat noted in condition 3. 9. That all outstanding municipal taxes be paid prior to the endorsement. Carried. Cam Christianson and Doug Larson left the meeting at 11:34 a.m. 2. #04 NL 023 - Pt. SE 6-19-14-W4 Plan 7811334, Block C -Division 10 - Cont'd J. Cecil & Christine Blair (Owners) Cliff McDonald (Applicant) Subdivision of a Country Residential parcel to create a single 11.47 -acre parcel From a 41.36-acre parcel in order to transfer the land Moved by Councillor Schroeder that we recommend to Council approval of Subdivision #04 NL 023, to allow for the subdivision of a Country Residential parcel to create a single 11.47-acre parcel from a 41.36-acre parcel in order to transfer the land, subject to the following conditions: December 21, 2004 Municipal Planning Commission Page 9 ,v 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 carrying forth the deferred reserve caveat for 5.99 acres of municipal reserve to the remnant parcel. 5. The applicant providing 1.22 acres of municipal reserve as shown in the Cassils Road Area Structure Plan. 6. The applicant meeting all the requirements of the Eastern Irrigation District with respect to the conveyance of water as well as easements, if required. 7. The applicant entering into a Rural Water Use Purposes Agreement with the Eastern Irrigation District and providing evidence of this agreement, if required. 8. The applicant providing a 3.5 metre easement to the Town of Brooks for the potential of tying into the Town's services in the future. 9. That all outstanding municipal taxes be paid prior to the endorsement. Carried. 1. #04 NL 022 - Pt. NW 16-18-13-W4 -Division 2 G.W. Murray Ranches, Ltd. (Owner) Corey Higham, CCS Energy Services (Applicant) _ Subdivide approximately 8.09 ha (20.0 ac) for an Industrial (In Progress) Subdivision Moved by Councillor Schroeder that we recommend to Council approval of Subdivision #04 NL 022, to subdivide approximately 8.09 ha (20.0 ac) for an Industrial (In Progress) Subdivision, 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. That the applicant providing a 9.5 metre easement 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 a development agreement for the development of this subdivision as identified under Section 655 of the Municipal Government Act. The preparation and registration and discharge of the caveat will be at the cost of the applicant. 4. 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 parcels. 5. The applicant meeting all requirements of the Eastern Irrigation District with respect to the conveyance of water as well as easements, if required. 6. 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. December 21, 2004 Municipal Planning Commission Page 10 ~,v - 7. That all outstanding municipal taxes be paid prior to the endorsement. 8. The applicant entering into a cross access agreement with the current owner to ~- provide access to the site. 9. The applicant meeting any requirements from Alberta Transportation. Carried. 15. Other Business There were no Other Business Items. 16. Post Agenda Items - Cont'd 2. Home Occupation Permit Renewals - Request for Time Extension Moved by Councillor Wutzke that we extend the renewal date for Home Occupation Permits, due to expire on December 31, 2004, to January 31, 2005. Carried. 17. Question Period A question period took place. ,-- 18. Information Items There were no information items. 19. Adi ourn Moved by Councillor Wutzke that the meeting adjourn at 12:00 p.m. Carried. A AN ~~' ADMINISTRATOR December 21, 2004 Municipal Planning Commission Page 11