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Home My WebLink About2005-12-29 Municipal Planning Commission (Regular) Minutes~ COUNTY OF NEWELL NO. 4 ~ MUNICIPAL PLANNING COMMISSION MEETING \ DECEMBER 29, 2005 The regular Municipal Planning Commission Meeting of the County of Newell No. 4 was held in the County Office at Brooks, AB on Thursday, December 29, 2005 commencing at 10:05 a.m. MEMBERS PRESENT: C. Vermeeren, Chairman I. Schroeder, Councillor H. Wutzke, Councillor STAFF: T. Henry, County Planner J. Ramjohn, Acting Development Control Officer N. Moriyama, Assistant Administrator B. Broomfield, Executive Assistant ABSENT: S. Swenson, Member B. McKellar, Member OTHERS IN ATTENDANCE: R. Torkelson - 05 LUA 026 N. Torkelson - 05 LUA 026 e" R. Turuk - 05 LUA 026 ]. Turuk - 05 LUA 026 M. Longman - DP #2844 D. Pommen - 05 LUA 027 R. Annett - 05 LUA 027 M. Anderson - 05 LUA 027 C. Baksa - 05 LUA 027 & DP #2852 1. CALL TO ORDER Councillor Vermeeren called the meeting to order at 10:05 a.m. 2. EXCUSED FROM MEETING No members asked to be excused from this meeting. 3. MINUTES a) November 29. 2005 P-229/05 MOVED BY COUNCILLOR I. SCHROEDER that the minutes of the November 29, 2005 Municipal Planning Commission meeting be ~''~' adopted as presented. MOTION CARRIED ~. V 4. CALL FOR POST AGENDA ITEMS The Chairman called for post agenda items. 5. ADOPTION OF AGENDA P-230/05 MOVED BY COUNCILLOR I. SCHROEDER that the agenda be adopted as amended. MOTION CARRIED 6. BUSINESS FROM MINUTES a) Permit #2818 - Pt. SW 5-18-14-W4 Elizabeth Redelback, Janet Mapes, Ron Redelback (Owners) Ron Redelback (Applicant) Legalize Existing Development -Creation of 14 Additional Lots No new information to report. b) Agricultural Sunnort Service #05-AS-003 NE 31-18-15-W4 -Division 5 Ross Annett (Owner/Applicant) On Farm Beef Storage & Retail/Wholesale of Meat P-231/05 MOVED BY H. WUTZKE that we classify this as an "Agricultural Support Service" being a discretionary use within the A -Agricultural District and that approval be granted for Agricultural Support Service Permit No. 05-AS- 003 for on farm beef storage; retail and wholesale sales to be conducted within the existing 104 mz (1,120 ft2) accessory building on the NE 31-18- _ 15-W4M, where the following are required prior to final approval and issuance of this permit: a) The applicant providing the Development Authority with a copy of an approved food establishment permit issued by the Palliser Health Authority for the storage and sale of prepared meats. 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. This use complying with all Federal, Provincial and Municipal statutes, regulations, codes and standards. 2. The proposed development complying with the Alberta Building Code where applicable. 3. The developer obtaining, and complying with, all other required permits including electrical, heating & ventilation, gas and plumbing `/ 1 C.v December 29, 2005 Municipal Planning Commission Page 2 ~.. from an accredited inspection agency and providing copies of the applicable permits to the Development Officer. 4. This use not affecting the residential use of the property or adjacent properties and area. 5. The total number of non-resident, part time and full time employees involved with the said occupation, not exceeding two. 6. The applicant ensuring there is no advertising or display of produce being permitted on the property except for one indirectly illuminated sign of 1 m2 placed flat against the building or fence. 7. The applicant ensuring adequate parking space is available for this use. 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 7. COUNCIL & S.D.A.B. REPORT ,--- Nothing to report. 8. DEVELOPMENT REPORT -NOV. 23, 2005 -DEC. 19. 2005 P-232/05 MOVED BY COUNCILLOR I. SCHROEDER that the Development Report be accepted. MOTION CARRIED 9. CORRESPONDENCE a) Compliance Issue 05-003 -Issuance of Ston Order Division 2, NW 18-17-12-W4, Loren Calpas & Ronald Calpas Expiration of Home Industry Permit #191 Towing Service, Wholesale Care Dealership and Auto Storage P-233/05 MOVED BY COUNCILLOR H. WUTZKE that a Stop Order be issued for Home Industry Permit #191 effective on March 15, 2006. MOTION CARRIED ~ ~. V December 29, 2005 Municipal Planning Commission Page 3 b) Outline Plan within City of Brooks - NW 27-18-14-W4 _ A letter from the City of Brooks, regarding the Outline Plan for the Ward -- Property, was presented to the Commission as information. 10. DEVELOPMENT PERMITS b) Permit #2845 SE 20-17-13-W4 -Division 2 Raymond & Dixie Torkelson (Owner/Applicant) Temporary Residential Unit - 3 Years 2005 Manufactured Home -Agricultural Purposes P-234/05 MOVED BY COUNCILLOR H. WUTZKE that we classify this °Manufactured Home' as a Temporary Residential Unit° being a discretionary use within the A -Agricultural District and that approval be granted for Development Permit # 2840 for the placement of a 133.8 m2 (1,440 ftZ) manufactured home to be occupied by the occupant identified in this application and for a time period of three years, on lands legally described as SE 20-17-13-W4M, granting the following variances: i) to Section 55 to permit a second residence on the property for this use and, where the following are required prior to final approval and issuance of this permit: a) The developer providing the Development Officer with a copy of the building permit issued by a licensed, accredited building inspection agency for the County of Newell, for the proposed building and the second dwelling. b) The developer providing the Development Officer with a copy of an approved Private Sewage Disposal System (PSDS) permit issued by a licensed, accredited agency for the installation of a private sewage disposal system. 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 79 of Land Use Bylaw #1443-03, and amendments thereto, pertaining to the A -Agricultural District. 3. The developer ensuring the following setbacks are maintained for the proposed development: Front (East) Side Rear *30 m (As varied by the MPC) **3 m **7.5 m * Minimum distance to be maintained from public roadway rights of way or secondary highways. c.v. December 29, 2005 Municipal Planning Commission Page 4 ~. ** 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. 9. The developer ensuring there is proper disposal of sewage and waste from this 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 adequate parking space is available for this use. 12. The developer ensuring the property is maintained to the satisfaction -- of the Development Officer. 13. The developer ensuring supplies and equipment are stored on the property and not on the public roadway or adjacent properties. 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 approved in this application and submitted November 17, 2005. 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 133.8 m2 (1,440 ft2), 2005 model manufactured home for the purposes of a temporary residential unit, on lands legally described as SE 20-17-13- W4M. Any additional development shall require prior approval of a separate permit application. 17. The developer ensuring the design, character and appearance of the proposed building is consistent with the purpose of the land use district and other buildings in the vicinity. 18. The developer ensuring the proposed manufactured home is skirted with materials the same as, or consistent with, the remainder of the building. 19. The developer ensuring the property is not used for conducting a ~' business or commercial operation. MOTION CARRIED .V^ December 29, 2005 Municipal Planning Commission Page 5 6. BUSINESS FROM MINUTES Arrived at Meetin4 Raymond Torkelson, Nelson Torkelson and Rod and Jacquie Turuk were in attendance at the meeting and arrived at 10:32 a.m. c) #05 LUA 026 Pt. NW 2-21-14-W4 -Division 8 Plan 8811786, Block 1 Norman & Edna Torkelson (Owner) (Approx. 8.57 ac) Raymond Torkelson (Applicant) From A -Agricultural District to CR -Country Residential District The County Planner provided a brief summary of the application and noted that another letter in opposition to the application, for a total of six letters, was submitted. Nelson Torkelson, speaking on behalf of Raymond Torkelson, outlined their reasons in favor of this subdivision request, and presented a letter of these reasons for the case file, and Rod Turuk spoke of his opposition to the request. This item will be discussed further at a planning meeting scheduled for January 10, 2006 before any decision is made. P-235/05 MOVED BY COUNCILLOR I. SCHROEDER that we table this motion _ to the next MPC meeting scheduled for January 30, 2006. MOTION CARRIED Raymond Torkelson, Nelson Torkelson, Rod and Jacquie Turuk left the meeting at 10:56 p.m. 11. HOME OCCUPATION/HOME INDUSTRY PERMITS a. Home Industry Major Permit #202 SW 36-18-15-W4 -Division 5 Peter & Lavern Buhler /Peter Buhler (Owner/Applicant) Commercial Truck Storage - 5 Trucks & 5 Trailers P-236/05 MOVED BY COUNCILLOR H. WUTZKE 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. 202 for commercial truck storage on lands legally described as SW 36-18-15-W4M, containing 1.62 acres, where the following are required prior to final approval and issuance of this home industry major permit: a) The developer providing the Development Of>:ICer 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: ~ ,v . December 29, 2005 Municipal Planning Commission Psge 6 ~ 1. This use complying with all Federal, Provincial and Municipal statutes, regulations, codes and standards. 2. The developer complying with the Alberta Fire Code where applicable. The developer shall contact Mr. Kevin Swanson, Fire Chief, Brooks and 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 and Rural Fire Department. 3. This use not affecting the residential use of the property or adjacent properties and area. 4. The total number of non-resident, part time and full time employees involved with the said occupation, not exceeding five. 5. The applicant ensuring that there are no more than five commercial trucks, used in conjunction with the home industry permit. 6. The applicant ensuring there is no advertising or display of produce being permitted on the property except for one indirectly illuminated sign of 1 m2 placed flat against the building or fence. 7. The applicant ensuring no noise, vibration, smoke, dust or odours, which may affect adjacent landowners or development, are created from this home industry minor. 8. The applicant ensuring adequate parking space is available for this ~-- use, up to two stalls, within the front yard setback. 9. The developer ensuring there is no contamination of soil, surface water or groundwater from this use. 10. 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. 11. There being no objections received from the City of Brooks. MOTION CARRIED 12. AGRICULTURAL SUPPORT SERVICE PERMITS There were no new Agricultural Support Service Permits to review. 13. SUBDIVISIONS There were no subdivision applications to review. •- G / . December 29, 2005 Municipal Planning Commission Page 7 14. STATUTORY PLANS -NEW & AMENDMENTS There were no statutory plans to review. 16. OTHER BUSINESS There was no other business to discuss. 17. POST AGENDA ITEMS a) NewAlta P-237/05 To date, no request for a development permit or land use amendment has been received from NewAlta to construct a landfill site. The County Planner, Tammy Henry, provided a brief background on this application. Commission members agreed more information is required from NewAlta. MOVED BY COUNCILLOR H. WUTZKE that we write a letter to NewAlta requesting they provide us with the exact issues they would like addressed. MOTION CARRIED P-238/05 b) Traichel Sandblasting Operation MOVED BY COUNCILLOR H. WUTZKE that this item be referred to the January 30, 2006 Municipal Planning Commission meeting. 10. DEVELOPMENT PERMITS CON'T Arrived at Meeting P-239/05 Miles Longman was in attendance at the meeting and arrived at 11:21 a.m. a) Permit #2844 - NW 28-18-14-W4 -Division 5 Plan 0210901, Block 5, Lot 1 Vauxhall Co-op Petroleum Limited (Owner) Miles Longman (Applicant) Construction of Home & Agro Centre and Convention Store Change in Use of Existing Building -Automotive Tire Repair & Sales MOVED BY COUNCILLOR I.SCHROEDER that this application be referred to a future meeting and until discharge of the Development Agreement has occurred . ~ V- MOTION CARRIED December 29, 2005 Municipal Planning Commission Page 8 ,~... Miles Longman left at 11:30 p.m. Arrived at Meeting Cory Baksa was in attendance at the meeting and arrived at 11:31 a.m. b) Permit #2852 - SE 34-18-14-W4 -Division 5 Dick Dick /Cory Baksa (Owner/Applicant) Moved in Building -Office P-240/05 MOVED BY COUNCILLOR H. WUTZKE that we classify this building as an "Office" being a discretionary use within the HWY-C -Highway Commercial District and that approval be granted for Development Permit # 2852 for the placement of a 111.48 m2 (1,200 ftZ) building for the purposes of an office, for a time period of three years, on lands legally described as SE 34- 18-14-W4M, where the following are required prior to final approval and issuance of this permit: a) The developer entering into a Roadside Development Agreement with Alberta Infrastructure and Transportation, if required by Alberta Infrastructure and Transportation and providing evidence of this agreement. 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 94 of Land Use Bylaw #1443-03, and amendments thereto, pertaining to the HWY-C -Highway Commercial District. 3. The developer ensuring the following setbacks are maintained for the proposed development: Front Flankage Side Rear *30 m *30 m **3 m **3 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 and legal access provided to ~'" the property. ~,~ December 29, 2005 Municipal Planning Commission Page 9 8. The developer ensuring construction materials, supplies and equipment are stored on the property and not on the public roadway. 9. The developer ensuring the property is maintained to the satisfaction of the Development Officer. 10. The developer ensuring this development is located as shown on the site plan submitted November 29, 2005 and approved in this application. Any changes to that plan shall require the written approval of the Development Officer. 11. This permit is being granted only for the placement of a moved in 111.48 mz (1,200 ft2) building for the purposes of an office for at time period of three years, on lands legally described as SE 34-19-14 W4M. Any additional development, or change in use, shall require prior approval of a separate permit application. 12. The developer addressing, to the satisfaction of Alberta Infrastructure and Transportation, any concerns put forward by Alberta Transportation. 13. 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, if the building becomes connected to water and sewer services. MOTION CARRIED Cory Baksa left the meeting at 11:37 a.m. 17. POST AGENDA ITEMS CON'T c) Lakeside Temporary Lodging The County Planner stated that a development permit for a temporary lodging area at Lakeside is expiring on December 31, 2005, and requested direction from the Commission in dealing with this. The Commission directed that the best option would be to have this area rezoned to Direct Control, and that a fee waiver apply in this instance. LUNCH The Commission recessed for lunch at 12:02 p.m. and reconvened at 1:07 p.m. d) January Meeting Date P-241/05 MOVED BY COUNCILLOR I. SCHROEDER that we change the January 31, 2006 MPC meeting to January 30, 2006. MOTION CARRIED V . December 29, 2005 Municipal Planning Commission Page 10 ,- 18. IN CAMERA There were no in camera items to discuss. 19. QUESTION PERIOD None 20. INFORMATION ITEMS There were no information items at this meeting. Arrived at Meetin4 Dennis Pommen, Ross Annett and Mac Anderson -Cassils Community Action Group, and Cory Baksa, agent for Dick Dick, was in attendance at the meeting and arrived at 1:16 p.m. 15. LAND USE CHANGES a) #05 LUA 027 Pt. S'/z 5-19-15-W4, RY11 -Division 5 Canadian Pacific Railway (Owner) (Approx. 9.538) TBM Transportation Ltd. -Claude Lavoie & Pommen & Assoc. -Dennis Pommen (Applicant) From A -Agricultural District to I -Industrial District Dennis Pommen stated the reason for his application is that in order to transfer land, the correct zoning must be in place. Mac Anderson expressed several concerns as follows: 1) an access concern; 2) that Cassils is not a legally recognized hamlet by the province; and 3) the Cassils Community Action Group are presently waiting for the process of an ASP to continue in this area, and he is hoping this application will not create any precedents. Councillor Vermeeren assured Mr. Anderson that there will be no direct changes to land operations. The County Planner stated that the Cassils area is a County recognized hamlet and the existing use will remain, and any changes to use will require a development permit. P-242 /05 MOVED BY COUNCILLOR I. SCHROEDER 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 3.86 hectares (9.538 acres) of land in Pt. S'/z 5-19-15-W4M, RY 11, from A -Agricultural District to I -Industrial District. ,--- MOTION CARRIED c,v December 29, 2005 Municipal Plaening Commission Page 11 Cory Baksa requested a copy of the above motion. Dennis Pommen, Mac Anderson, Ross Annett and Cory Baksa left the meeting at 1:28 p.m. 21. AD70URN P-243/05 MOVED BY COUNICLLOR I. SCHROEDER that the meeting adjourn at 1:28 p.m. MOTION CARRIED CHAIR N c~--~ ~ ADMINISTRATOR December 29, 2005 Municipal Planning Commission Page 12