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HomeMy WebLinkAbout2005-08-30 Municipal Planning Commission (Regular) MinutesCOUNTY OF NEWELL NO. 4 MUNICIPAL PLANNING COMMISSION MEETING AUGUST 30, 2005 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 30, 2005 commencing at 10:02 a.m. MEMBERS PRESENT: C. Vermeeren, Chairman I. Schroeder, Councillor H. Wutzke, Councillor S. Swenson, Member B. McKellar, Member STAFF: T. Henry, County Planner P. Urban, Development Control Officer S. Yokoyama, Administrative Secretary OTHERS IN ATTENDANCE: G. Gibeau 1. CALL TO ORDER The Chairman called the meeting to order at 10:02 a.m. 2. EXCUSED FROM MEETING All members were in attendance. 3. MINUTES a) July 26, 2005 P-143/05 MOVED BY B. MCKELLAR that the minutes of the July 26, 2005 Municipal Planning Commission meeting be adopted as presented. MOTION CARRIED 4. CALL FOR POST AGENDA ITEMS The Chairman called for post agenda items. ~--- 5. ADOPTION OF AGENDA P-144/05 MOVED BY COUNCILLOR H. WUTZKE that the agenda be adopted as presented. MOTION CARRIED e ~. 6. BUSINESS FROM MINUTES There were no Business from Minutes items to discuss 7. COUNCIL & S.D.A.B. REPORT Councillor Vermeeren provided the Commission members with updates on the Land Use Amendments and Subdivision Applications that were dealt with at the last Council meeting. A delegation will be making a presentation regarding application 05 LUA 007 at the September 6th Workshop meeting. The same group has requested to be a delegation at the September gcn Council meeting as well. 8. DEVELOPMENT REPORT - 7ULY 21, 2005 -AUGUST 20, 2005 P-145/05 MOVED BY COUNCILLOR I. SCHROEDER that the Development Report be accepted. MOTION CARRIED 9. CORRESPONDENCE a) ADOA 2005 Conference Re: Sponsorship for Golf Tournament Prize October 2 - 5, 2005 in Pincher Creek Commission members were asked if they would like to sponsor a prize for the 2005 Alberta Development Officers Conference golf tournament and if it would be beneficial to budget for MPC members to attend this conference in the future. Commission members agreed that Council should discuss these two issues at their meeting on September Stn b) General Discussion #8 Case #1 -Unsightly Premises SE 1-20-15-W4, Plan 9612160, Block 1 Case #2 -Unsightly Premises NW 17-16-13-W4, Plan 0011386, Block 1 P-146/05 MOVED BY COUNCILLOR I. SCHROEDER that we recommend to Council that the procedure for dealing with unsightly premises, safety issues and general enforcement be reviewed at a future Workshop meeting. MOTION CARRIED c) Town of Brooks - 2005 SUB 005 A letter from the Town of Brooks, regarding subdivision application 2005 SUB 005, was presented to the Commission as information. August 30, 2005 Municipal Planning Commission ~ ' ~ . Page 2 ,--- 10. DEVELOPMENT PERMITS a. Permit #2799 - SE 6-15-13-W4 -Division 1 Plan 051 ,Block 1, Lot 20 (Formerly Plan 2123 FB, Block 1, S ~/z Lots 14 & 15) Arline Kristianson (Owner) Barbara Lawson (Applicant) Existing Moved in Residence P-147/05 MOVED BY S. SWENSON that we classify this "Moved in Building" as a 'Single Detached Dwelling" being a discretionary use within the HR - Hamlet Residential District" and that approval be granted for Development Permit #2799 for the existing 1939 moved in 54 m2 (581 ftz) single detached dwelling to be located on Plan 051 Block 1, Lot 20 (Formerly Plan 2123 FB Block 1, S'/z Lots 14 and 15), granting a variance to Section 11(108) to permit a seventy year old moved in building, where the following are required prior to commencement of construction and issuance of this permit: a) The developer providing the Development Officer with written evidence from a person qualified in the installation of septic systems that the proposed septic system is suitable for the land. 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 86 of Land Use Bylaw #1443-03, and amendments thereto, pertaining to the HR -Hamlet Residential District. 3. The developer ensuring the following setbacks are maintained for the proposed development: Front (South) Side Rear *7.5 m **1.5 m **3 m * Minimum distance to be maintained from subdivision streets or service roads ** Minimum distance to be maintained from the 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 domestic 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. August 30, 2005 Municipal Planning Commission ~~ V Page 3 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 approved in this application and submitted August 17, 2005. Any changes to that plan shall require the written approval of the Development Officer. 14. This permit is being granted only for the existing development of a moved in 1939, 54 m2 (581 ftz) single detached dwelling, on Plan 051 Block 1, Lot 20, (Formerly Plan 2123 FB Block 1, S~/z Lots 14 and 15). 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 or exceed the standard of, other buildings in the vicinity. MOTION CARRIED b. Permit #2798 - Pt. SW 21-19-14-W4 -Division 10 Edward & Nicky Stinnissen (Owner/Applicant) Lecaalize Existing Manufactured Homes - 4 Lots P-148/05 MOVED BY B. MCKELLAR that it be recommended to Council that these buildings be classified as °Manufactured Homes", being discretionary uses within the DC -Direct Control District and that approval be granted for Development Permit #2798 including three existing manufactured homes, being a 1969, 64.38 mZ (693 ft2) unit; 1977, 81.38 mZ (876 ft2) unit and; a 1995, 113.71 mZ (1,224 ft2) unit, on lands legally described as SW 21-19- 14-W4M containing 1.50 acres, granting variance to Section 55, to permit a total of three manufactured homes, where the following are required prior to commencement of construction and issuance of this permit: a) The developer entering into a Roadside Development Agreement with Alberta Transportation, if required by Alberta Transportation and providing evidence of this agreement. b) The developer providing the Development Officer with written evidence from a person qualified in the installation of septic systems that the proposed septic system is suitable for the land. and subject to the following conditions: August 30, 2005 Municipal Planning Commission ~ ' ~ Page 4 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 97 of Land Use Bylaw #1443-03, and amendments thereto, pertaining to the DC -Direct Control District. 3. The developer ensuring the following setbacks are maintained for the proposed development: Front (West) Side Rear *30 m **3 m **7.5 m * Minimum distance to be maintained from public roadway right of way or secondary highway. ** Minimum distance to be maintained from property line. 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 and legal access provided to the property. 8. The developer ensuring there is proper disposal of sewage and waste from this use. 9. The developer ensuring an adequate supply of water is provided for domestic use. 10. The developer ensuring all outdoor garbage containers are stored in weatherproof and animal-proof containers and are covered and screened from the public roadways. 11. The developer ensuring the property is maintained to the satisfaction of the Development Officer. 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 approved in this application and submitted August 9, 2005. Any changes to that plan shall require the written approval of the Development Officer. 14. The developer ensuring the design, character and appearance of the existing three manufactured homes are consistent with other buildings in the vicinity. 15. The developer ensuring the existing three manufactured home are skirted with materials the same as or consistent with the remainder of the building. August 30, 2005 - Municipal Planning Commission ~ ~ V Page 5 16. The developer ensuring adequate parking space is available for this use. 17. 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. 18. The developer addressing, to the satisfaction of Alberta Transportation, any concerns put forward by Alberta Transportation. 19. There being no objections received from the Agricultural Service Board . MOTION DEFEATED P-149/05 MOVED BY COUNCILLOR H. WUTZKE that it be recommended to Council that these buildings be classified as "Manufactured Homes", being a discretionary uses within the DC -Direct Control District and that approval be granted for Development Permit #2798 for a total of four manufactured home sites, including three existing manufactured homes, being a 1969, 64.38 m2 (693 ftZ) unit; 1977, 81.38 mz (876 ftZ) unit and; a 1995, 113.71 mZ (1,224 ft2) unit, on lands legally described as SW 21-19-14-W4M containing 1.50 acres, however, a separate development permit will be required for placement of a structure on the vacant manufactured home site and that a variance be granted to Section 55, to permit a total of four manufactured homes, where the following are required prior to commencement of construction and issuance of this permit: a) The developer entering into a Roadside Development Agreement with Alberta Transportation, if required by Alberta Transportation and providing evidence of this agreement. b) The developer providing the Development Officer with written evidence from a person qualified in the installation of septic systems that the proposed septic system is suitable for the land. and subject to the following conditions: 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 97 of Land Use Bylaw #1443-03, and amendments thereto, pertaining to the DC -Direct Control District. 3. The developer ensuring the following setbacks are maintained for the proposed development: Front (West) Side Rear *30 m **3 m **7.5 m * Minimum distance to be maintained from public roadway right of way or secondary highway. ** Minimum distance to be maintained from property line. August 30, 2005 ~ Municipal Planning Commission ~ Page 6 .- 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 and legal access provided to the property. 8. The developer ensuring there is proper disposal of sewage and waste from this use. 9. The developer ensuring an adequate supply of water is provided for domestic use. 10. The developer ensuring all outdoor garbage containers are stored in weatherproof and animal-proof containers and are covered and screened from the public roadways. 11. The developer ensuring the property is maintained to the satisfaction of the Development Officer. 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 approved in this application and submitted August 9, 2005. Any changes to that plan shall require the written approval of the Development Officer. 14. The developer ensuring the design, character and appearance of the existing three manufactured homes are consistent with other buildings in the vicinity. 15. The developer ensuring the existing three manufactured home are skirted with materials the same as or consistent with the remainder of the building. 16. The developer ensuring adequate parking space is available for this use. 17. 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. 18. The developer addressing, to the satisfaction of Alberta Transportation, any concerns put forward by Alberta Transportation. 19. There being no objections received from the Agricultural Service Board. MOTION CARRIED August 30, 2005 Municipal Planning Commission ~~ V Page 7 11. HOME OCCUPATION/HOME INDUSTRY PERMITS a. Home Occupation Maior Permit #193 SW 21-19-14-W4 -Division 10 Edward & Nicky Stinnissen (Owner/Applicant) Oilfield Construction Operation - 1 Commercial Truck P-150/05 MOVED BY B. MCKELLAR that we classify this as a "Home Occupation Major " being a discretionary use within the RUR -Rural Residential District and that approval be granted for Home Occupation Major Permit No. 193 for an Oilfield Construction Service on lands legally described as SW 21-19-14- W4M, containing 17.99 acres, granting variance to Schedule C(7) to permit a total of two commercial trucks, 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 two unless otherwise required for safety purposes. 4. The applicant ensuring that no more than two commercial trucks are used in conjunction with the 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 mZ 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 occupation major. 7. The applicant ensuring adequate parking space is available for this use, up to two stalls, within the front yard setback. 8. The developer ensuring there is no contamination of soil, surface water or groundwater from this use. 9. 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 renew a minimum of two months prior to its expiration. MOTION CARRIED ~ . v. August 30, 2005 Municipal Planning Commission Page 8 b. Home Industry Maior Permit #194 SE 1-15-14-W4; Plan 0011446, Block 1 -Division 1 Chris & Margaret Cordes (Owner/Applicant) Gas Well Testina Service P-151/05 MOVED BY COUNCILLOR I. SCHROEDER 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 Major Permit No. 194 for a Gas Well Testing Service on Block 1, Plan 0011446 within the SE 1-15-14- W4M 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 unless otherwise required for safety purposes. 4. The applicant ensuring that no more than five commercial trucks are used in conjunction with the home industry 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 mz 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, up to two stalls, within the front yard setback. 8. The developer ensuring there is no contamination of soil, surface water or groundwater from this use. 9. 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 renew a minimum of two months prior to its expiration. MOTION CARRIED 12. AGRICULTURAL SUPPORT SERVICE PERMITS There were no new Agricultural Support Service Permit items. August 30, 2005 Municipal Planning Commission ~ . ~' ~ Page 9 13. LAND USE CHANGES #05 LUA 022 - Pt. NW 15-20-13-W4 -Division 3 Eastern Irrigation District (Owner) (Approx. 2.47 ac) Newell Regional Solid Waste Management Authority Ltd. (Applicant) From A -Agricultural District to P-WTS -Public -Waste Transfer Site District This application was withdrawn at the request of the applicant. Arrived at Meetin4 G. Gibeau was in attendance at the meeting and arrived at 11:59 a.m. #05 LUA 023 - Pt. SE 18-21-17-W4 -Division 6 721927 Alberta Ltd. (Owner) Gail Gibeau (Applicant) (Approx. 2.87 ac) From A -Agricultural District to LI -Light Industrial District P-152/05 MOVED BY COUNCILLOR H. WUTZKE that we recommend to Council that consideration be given to first reading of a bylaw to amend Land Use Bylaw #1443-03 by re-designating approximately 1.16 hectares (2.87 acres) in Pt. SE 18-21-17-W4M, from A -Agricultural District to LI -Light Industrial District. MOTION CARRIED G. Gibeau left the meeting at 12:02 p.m. LUNCH The Commission recessed for lunch at 12:02 p.m. and reconvened at 1:12 p.m. 14. SUBDIVISIONS a. #05 NL 015 - Pt. SW 7-20-14-W4; Plan 7710062, Lot B -Division 8 Terry & Michelle Melnychuk (Owner/Applicant) To subdivide approximately 4.45 hectares (10.99 acres) with a home and accessory buildings from a larger agricultural parcel. The remnant agricultural parcel will be consolidated with the quarter to the south P-153/05 MOVED BY COUNCILLOR I. SCHROEDER that we recommend to Council approval of Subdivision #05 NL 015, for the subdivision of approximately 4.45 hectares (10.99 acres) with a home and accessory buildings from a larger agricultural parcel. The remnant agricultural parcel will be consolidated with the quarter to the south, 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. August 30, 2005 Municipal Planning Commission e „ V Page 10 r--~ 2. The applicant providing easements to franchise utilities for services to the proposed parcels, if required. The applicant may be responsible for the costs associated with the installation, removal or modification of services. 3. The consolidation, by plan, of the remnant agricultural parcel with NW 6-20-14-W4M. 4. 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. 5. The applicant meeting all the requirements of the Eastern Irrigation District with respect to the conveyance of water as well as easements, if required. 6. The applicant entering into a Rural Water Use Purposes Agreement with the Eastern Irrigation District and providing evidence of this agreement, if required. 7. The applicant releasing the deferred reserve caveat identified as instrument number 771 003 182 at the applicant's sole expense. 8. That all outstanding municipal taxes be paid prior to the endorsement. 9. The applicant signing the declaration noted in the County's Municipal Development Plan #1442-03, policy 3.7.c. MOTION CARRIED b. #05 NL 016 - Pt. SE 3-15-13-W4 -Division 1 David & Jackie Sereda (Owners) Jackie Sereda (Applicant) Subdivision of recently approved 3.36 hectares (8.3 acres) Rural Residential parcel from agricultural land P-154/05 MOVED BY COUNCILLOR H. WUTZKE that we recommend to Council approval of Subdivision #05 NL 016, for the subdivision of a recently approved 3.36 hectares (8.3 acres) Rural Residential parcel from agricultural land, 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, upgrade and/or removal of any required road approaches to the proposed and/or remnant parcels. 4. The applicant meeting any requirements of the Eastern Irrigation District with respect to the conveyance of water as well as easements. .^ August 30, 2005 Municipal Planning Commission ~ ~ ~ Page 11 5. The applicant entering into a Rural Water Use Purposes Agreement with the Eastern Irrigation District and providing a copy of this agreement to the County prior to endorsement. 6. The applicant signing the declaration noted in the County's Municipal Development Plan #1442-03, policy 3.7.c. 7. That all outstanding municipal taxes be paid prior to the endorsement. 8. The applicant registering on title for the subdivided parcel, an easement to the irrigation pump and any pipelines connected to the pump in favour of the remnant agricultural parcel. MOTION CARRIED 15. STATUTORY PLANS -NEW & AMENDMENTS There were no Statutory Plan items. 16. OTHER BUSINESS There was no other business to discuss. 17. POST AGENDA ITEMS There were no post agenda items. 18. QUESTION PERIOD None 19. INFORMATION ITEMS a. Zero Lot Lines Re: Foundation Encroachments Commission members were advised of a compliance issue at Lake Newell Resort where zero lot lines are permitted. This particular case had the structure encroaching on the adjacent property by approximately 3 cm. A legal interpretation noted that it is beyond the scope of the County to provide variances that encroach on another property. The County acknowledges the encroachment, however, cannot provide compliance and accepts no further responsibility for any future issues arising from this encroachment. There was also a general discussion on future letters of compliance. It was agreed by Commission members that for any letter of compliance the Development Officer be the direct contact in such matters. e . ~. August 30, 2005' Municipal Planning Commission Page 12 20. AD]OURN P-155/05 MOVED BY S. SWENSON that the meeting adjourn at 1:55 p.m. MOTION CARRIED CHAIR ADMINISTRATOR August 30, 2005 Municipal Planning Commission Page 13