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.
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5. ADOPTION OF AGENDA
P-144/05 MOVED BY COUNCILLOR H. WUTZKE that the agenda be adopted as
presented.
MOTION CARRIED
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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
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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