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.
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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.
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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
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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
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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
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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
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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.
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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.
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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
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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
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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
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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.
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ADMINISTRATOR
December 21, 2004 Municipal Planning Commission Page 11