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Home My WebLink About2006-01-30 Municipal Planning Commission (Regular) Minutesr COUNTY OF NEWELL NO. 4 MUNICIPAL PLANNING COMMISSION MEETING 7ANUARY 30, 2006 The regular Municipal Planning Commission Meeting of the County of Newell No. 4 was held in the County Office at Brooks, AB on Monday, January 30, 2006 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 J. Ramjohn, Acting Development Control Officer A. Martens, County Administrator S. Yokoyama, Administrative Secretary OTHERS IN ATTENDANCE: B. Torkelson - 05 LUA 026 N. Torkelson - 05 LUA 026 L. Murphy - 05 LUA 026 N. Hooley - 05 LUA 026 R. Turuk - 05 LUA 026 J. Turuk - 05 LUA 026 M. Longman - DP #2844 R. Baine - DP#2858 J. Ketchmark - DP#2858 D. Andrews - DP#2858 G. Shaw - 05 NL 027 C. Petersen - 06 NL 001 K. Peters - 06 NL 001 1. CALL TO ORDER Councillor Vermeeren called the meeting to order at 10:02 a.m. 2. EXCUSED FROM MEETING All members were in attendance. L`' ~ ~ , 3. MINUTES a) December 29, 2005 P-01/06 MOVED BY COUNCILLOR H. WUTZKE that the minutes of the December 29, 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-02/06 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. 7. COUNCIL & S.D.A.B. REPORT Councillor Vermeeren provided the Commission members with updates on the following items: • the Gallup SDAB appeal will be heard on February 2, 2006 • Council approved the One Tree Estates, Saddle Brook Business Park & Newbrook Business Park Area Structure Plan • First Reading was given to a bylaw to redesignate CPR land in the Cassils area from Agricultural to Industrial 8. DEVELOPMENT REPORT -DEC. 20, 2005 - SAN. 16, 2006 P-03/06 MOVED BY COUNCILLOR H. WUTZKE that the Development Report be accepted. MOTION CARRIED ~,U January 30, 2006 Municipal Planning Commission Page 2 ~ 10. DEVELOPMENT PERMITS a) Permit #2857 NE 15-16-16-W4 -Division 4 Isaak Wall (Owner/Applicant) New Home Buildina Site P-04/06 MOVED BY COUNCILLOR H. WUTZKE that we classify this building as a "Dwelling Unit" being a discretionary use within the A -Agricultural District and that approval be granted for Development Permit #2857 for the construction of a 2,400 ft2 dwelling unit and 3,200 ft2 shop on the NE 15- 16-16 W4, where the following are required prior to commencement of construction, 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. b) The developer entering into an agreement with the County of Newell for the installation and/or upgrade of any required road approaches to the parcel. This agreement shall, at the applicant's expense, be registered as a caveat against the lands, if required. 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 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 (South) Flankage (West) Side Rear *30 m *30 m **3 m **3 m * Minimum distance to be maintained from public roadway rights of way or secondary highways. ** 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 this use. 7. The developer ensuring the site is graded so that storm water does not ~^ drain onto adjoining properties. 1/ . January 30, 2006 Municipal Planning Commission Page 3 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 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 December 30, 2005. Any changes to that plan shall require the written approval of the Development Officer. 14. This permit is being granted only for the development of a 2,400 ftz dwelling unit and 3,200 ft2 shop on the NE 15-16-16 W4. 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 standards of, other buildings in the vicinity. 16. There being no objections received from the City of Brooks. 17. There being no objections received from the Eastern Irrigation District. 18. There being no objections received from the Agricultural Service Board. 19. The developer ensuring that should they wish to operate a business from the home and or accessory building (eg., shop) that a home occupation/home industry permit application be submitted to the County of Newell for consideration. MOTION CARRIED Arrived at Meetin4 La Rae Murphy, Brad Torkelson, Nelson Hooley, Norman Torkelson and Rod and ]acquie Turuk were in attendance at the meeting and arrived at 10:16 a.m. 6. BUSINESS FROM MINUTES CON'T b) #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) v From A -Agricultural District to CR -Country Residential District January 30, 2006 Municipal Planning Commission Page 4 ,-- La Rae Murphy and Rod Turuk spoke in opposition to this proposed land use amendment. P-05/06 MOVED BY B. MCKELLAR that we recommend to County Council to deny this request to change approximately 3.47 hectares (8.57 acres) of land in Pt. NW 2-21-14 from A -Agricultural District to CR - Country Residential District due to the application contravening various policies and goals outlined in the County's Municipal Development Plan #1442-03 and the possible precedents that this request poses. MOTION CARRIED La Rae Murphy, Brad Torkelson, Nelson Hooley, Norman Torkelson & Rod and ]acquie Turuk left the meeting at 10:27 p.m. 9. CORRESPONDENCE a) Gallup Business - NW 18-21-15-W4 It was brought to the Commission's attention that Mr. Gallup may have an additional business operating from the same location. ~--- P-06/06 MOVED BY COUNCILLOR H. WUTZKE that a letter be sent to Mr. Gallup advising that he is to contact the County of Newell to obtain a home occupation/home industry permit if a second business is operating from this location. MOTION CARRIED 10. DEVELOPMENT PERMITS CON'T c) Permit #2859 SW 18-21-15-W4 -Division 7 Plan 0112401, Block 2, Lot 1 Dwain & Karon Stefaniszyn (Owner/Applicant) Accessory Building Commission members began initial discussion on this application. Arrived at Meeting Miles Longman was in attendance at the meeting and arrived at 10:45 a.m. e,U, January 30, 2006 Municipal Planning Commission Page 5 6. BUSINESS FROM MINUTES CON'T 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 Convenience Store Change in Use of Existing Building -Automotive Tire Repair & Sales P-07/06 MOVED BY COUNCILLOR I. SCHROEDER that we classify these uses as a "Farm Service Product Sale" being a permitted use within the LI -Light Industrial District, a "Retail Food Establishment" being a discretionary use within the LI -Light Industrial District, an "Automotive Repair Service" being a permitted use within the LI -Light Industrial District and that approval be granted for Development Permit #2844 fora Home &Agro Centre Convenience Store & change of use for Existing Building to a Tire Repair Shop to be located on the NW 28-18-14 W4, Plan 0210901 Block 5 Lot 1, containing 8.17 acres, where the following are required prior to commencement of construction, final approval and issuance of this permit: 1. The developer entering into a Roadside Development Agreement with Alberta Infrastructure & Transportation, if required by Alberta Infrastructure & Transportation and providing evidence of this agreement. 2. The developer providing the Development Authority, evidence from the Eastern Irrigation District approving this development. 3. 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. 4. The developer providing the Development Authority with a copy of an agreement with the Brooks Rural Fire Department for the provision of fire protection. and subject to the following conditions: The proposed development complying with: a. all Federal, Provincial and Municipal statutes, regulations, codes and standards. b. the provisions of Section 95 of Land Use Bylaw #1443-03, and amendments thereto, pertaining to the LI - Light Industrial District. c. the Alberta Building Code where applicable. 2. This permit is being granted only for the proposed and existing uses of the property. Any additional development shall require prior approval of a separate permit application. Since "Tire Repair Shops" are not listed uses in the LUB, this Development Permit is only granted for an "Automotive Repair Service" use, solely for the purpose of repair and __. V sale of automobile tires. e~ January 30, 2006 Municipal Planning Commission Page 6 r... 3. 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. 4. The developer addressing, to the satisfaction of Alberta Infrastructure and Transportation, any concerns put forward by Alberta Infrastructure and Transportation. 5. The developer ensuring: a. the following setbacks are maintained for this development: Front (West) Flankage (South) Side Rear *30 m **7.5 m ***3 m ***3 m * Minimum distance to be maintained from public road ROW or highways. ** Minimum distance to be maintained from subdivision streets or service roads. *** Minimum distance to be maintained from the property lines. b. adequate supply of water is provided for domestic use. c. site is graded so that storm water does not drain onto adjoining properties. d. there is proper and legal access provided to the property. e. there is proper disposal of sewage and waste from this use. ~- f. property is maintained to the satisfaction of the Development Officer. g. construction materials, supplies and equipment are stored on the property and not on the public roadway. h. continuous clean up of construction debris tracked onto the public roadway where access is provided to the property. i. landscaping of the property is complete within two years from the date of approval. j. 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. k. adequate parking space is available for this use. I. all outdoor garbage containers are stored in weatherproof and animal-proof containers and are covered and screened from the public roadways. m. no contamination of soil, surface water or groundwater from this use. n. all hazardous waste materials are properly disposed of in regulated facilities. MOTION CARRIED Miles Longman left at 10:56 a.m. c ,U, January 30, 2006 Municipal Planning Commission Page 7 10. DEVELOPMENT PERMITS CON'T c) Permit #2859 SW 18-21-15-W4 -Division 7 Plan 0112401, Block 2, Lot 1 Dwain & Karon Stefaniszyn (Owner/Applicant) Accessory Building Development Permit #2859 was referred to the next Municipal Planning Commission meeting. 11. HOME OCCUPATION/HOME INDUSTRY PERMITS a) Home Occupation Major Permit #203 SW 19-21-15-W4 -Division 7 Bernard & Laurel Nickel (Owner/Applicant) Cabinetry Business P-08/06 MOVED BY B. MCKELLAR that we classify this building as a 'Home Occupation Major" being a discretionary use within the A -Agricultural District and that approval be granted for Home Occupation Major Permit #203 for a custom cabinetry business on the SW 19-21-15 W4, subject to the following conditions: 1. This use must comply with all Federal, Provincial and Municipal statutes, regulations, codes and standards. 2. The developer addressing, to the satisfaction of Alberta Transportation, any conditions and/or concerns put forward by Alberta Transportation. 3. This use must not affect the residential use of the property or adjacent properties and area. 4. The total number of off-site employees, not including the occupants of the residence involved with the said occupation, not exceeding two. 5. The applicant ensuring: a. No more than one commercial vehicle is used in conjunction with this Home Occupation Permit. No other commercial vehicles shall be permitted. b. 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. c. No outside storage of goods or materials related to this Home Occupation. d. No noise, vibration, smoke, dust or odours, which may affect adjacent landowners or development, are created from this home occupation major. e. Adequate parking space is available for this use; up to two stalls, within the front yard setback. C~J January 30, 2006 Municipal Planning Commission Page 8 ~ ~.r r: •r . _ _ . ~ 6. This permit being valid for a time period of three years from the date of approval, at which time it may be either revoked or renewed by the Development Authority. MOTION CARRIED b) Home Occupation Minor Permit #205 NE 29-20-12-W4 -Division 3 Judy Conners (Owner/Applicant) Bed & Breakfast and Craft Shop P-09/06 MOVED BY COUNCILLOR H. WUTZKE that we approve the renewal of Home Occupation Permit #205 for a B&B and Craft Shop, classified as a ~~Home Occupation Minor" being a Permitted use within the A -Agricultural District, subject to the following conditions: 1. This use complying with all Federal, Provincial and Municipal statutes, regulations, codes and standards. 2. This use complying with the provisions of Section 80(1) of the Land Use Bylaw #1443-03 pertaining to the A -Agricultural District. 3. This use complying with the provisions of Schedule B of the Land Use Bylaw #1443-03 pertaining to Home Occupation Minor. .~- 4. The Applicant ensuring this use shall not affect the residential use of the property or adjacent properties in the area. 5. The Applicant ensuring the total number of off-site employees, not including the occupants of the residence involved with the said occupation, does not exceed two. 6. The Applicant ensuring there is no outside storage of goods or materials related to this Home Occupation Permit. 7. The Applicant ensuring no noise, vibration, smoke, dust or odours, which may affect adjacent landowners or development, are created from this home occupation minor. 8. 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. The Applicant shall be responsible for re-applying a minimum of two months before the expiry date. MOTION CARRIED Arrived at Meeting Rick Baine, John Ketchmark and Dave Andrews were in attendance at the meeting and arrived at 11:20 a.m. , / ,.-.. ~ V January 30, 2006 Municipal Planning Commission Page 9 6. BUSINESS FROM MINUTES CON'T b) Permit #2858 SE 21-17-17-W4 -Division 4 Hutterian Brethren of Bow City (Owner) Alberta Aggregates Ltd. -Allan Denis (Applicant) Gravel Pit Operation The Superintendent of Public Works confirmed that the condition of the road leading out to the gravel pit is in poor condition. David Andrews, a resident in the area, submitted a letter outlining his concerns regarding dust control and maintenance of the road and spoke to the Commission members regarding these issues. John Ketchmark was also in attendance to voice the same concerns to the Commission members. He felt that someone should be responsible for keeping the dust and road repairs under control. It was noted that the company may be asked to enter into a Road Use Maintenance Agreement for such issues. This would enable the County to complete any required maintenance and charge it back to the company. P-10/06 MOVED BY COUNCILLOR H. WUTZKE that the applicant be advised that the County of Newell will require a comprehensive dust control plan, access plan and road use/maintenance agreement for the gravel pit operation located at the SE 21-14-14-W4 and that this matter be referred to a future meeting in which the applicant should be in attendance. MOTION CARRIED David Andrews, John Ketchmark and Rick Baine left the meeting at 11:56 a.m. 12. AGRICULTURAL SUPPORT SERVICE PERMITS There were no new Agricultural Support Service Permits to review. Jamal Ramjohn left the meeting at 11:57 a.m. LUNCH The Commission recessed for lunch at 11:58 a.m. and reconvened at 1:04 p.m. 13. STATUTORY PLANS -NEW & AMENDMENTS a) "Minor" Land Use Bvlaw Amendments The County Planner reviewed a list of recommended minor changes to the C ~J. Land Use Bylaw. January 30, 2006 Municipal Planning Commission Page 10 P-11/06 MOVED BY COUNCILLOR H. WUTZKE that it be recommended to Council that the proposed minor land use bylaw amendments as listed by the County Planner with the exception of #4 be approved. MOTION CARRIED Arrived at Meeting Gord Shaw, Connie Petersen and Karen Peters were in attendance at the meeting and arrived at 1:23 p.m. 15. SUBDIVISIONS a) #05 NL 027 Pt. SE 24-19-14-W4 -Division 10 City of Brooks (Owner) Maurice Landry (Applicant) Reconfiguration of 5 lots at the Brooks Airport P-12/06 MOVED BY B. MCKELLAR that we recommend to Council approval of Subdivision #05 NL 027, for the reconfiguration of 5 lots at the Brooks Airport, 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, if required. The applicant may be responsible for the costs associated with the installation, removal or modification of services. 3. The applicant providing an easement in favour of ATCO Gas for an existing gas line. 4. The applicant entering into an agreement with the County of Newell for the installation, upgrading and/or removal of any required road approaches to the proposed and/or remnant parcels. 5. The applicant meeting any requirements of the Eastern Irrigation District with respect to the conveyance of water as well as easements. 6. That all outstanding municipal taxes be paid prior to the endorsement. MOTION CARRIED Gord Shaw left the meeting at 1:25 p.m. C~U January 30, 2006 Municipal Planning Commission Page 11 b) #06 NL 001 Pt. NE 30-17-13-W4 -Division 2 Herbert & Frances Norden (Owner) Connie Petersen, Midwest Surveys (Applicant) Subdivision of recently approved 2.96 hectares (7.31 acres) Rural Residential parcel from agricultural land It was noted that Alberta Infrastructure & Transportation may require a 30 metre caveat for road widening as a condition of the subdivision approval. The applicant requested that expansion of the area due to the 30 metre caveat be considered, if the property owners wished to expand the affected area. P-13/06 MOVED BY COUNCILLOR I. SCHROEDER that we recommend to Council approval of Subdivision #06 NL 001, for the subdivision of a recently approved 2.96 hectares (7.31 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 meeting any requirements of the Eastern Irrigation District with respect to the conveyance of water as well as easements. 4. 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. 5. The applicant meeting all of Alberta Infrastructure and Transportation requirements. 6. That the size of the subdivision be increased by the area of the Alberta Infrastructure and Transportation's required caveat, if requested by the applicant. 7. The applicant signing the declaration noted in the County's Municipal Development Plan #1442-03, policy 3.7.c. 8. That all outstanding municipal taxes be paid prior to the endorsement. MOTION CARRIED Connie Petersen and Karen Peters left the meeting at 1:34 p.m. ~~v January 30, 2006 Municipal Planning Commission Page 12 14. LAND USE CHANGES a) #06 LUA 001 Pt. SE 19-19-14-W4 -Division 10 Lakeside Farm Industries Ltd. (Owner) (Approx. 1.72 ac) Doug Bell, Lakeside Industries (Applicant) From AI -Agricultural Industrial District to DC -Direct Control District P-14/06 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 0.697 hectares (1.72 acres) of land in Pt. SE 19-19-14-W4M from AI -Agricultural Industrial District to DC - Direct Control District and that the fees be waived for this application. MOTION CARRIED 16. OTHER BUSINESS a) Traichel Sandblasting Operation The County Planner provided an update on this operation and Commission members discussed the options available to the owner. It was suggested that the owners may wish to apply for a land use change from Agricultural ''~ to Agricultural Industrial. This rezoning would not require an amendment to the East Silver Sage Area Structure Plan. This is not a guarantee that the application would be approved, however, it provides another alternative to attempt to have an existing use comply with the County's Land Use Bylaw. b) Update on Area Structure Plans by UMA Enaineerina The County Planner reviewed a list of requirements that were to be completed by UMA and the status of these requirements. Councillor Vermeeren requested an update be provided to Council at the February 9, 2006 Council meeting for further discussion. c) Status of Cassils Area Structure Plan The County Planner advised that the area has been defined for the Cassils Area Structure Plan and proposals have been requested. The deadline for proposals is the end of the business day on February 10, 2006. No proposals have been received to date. A review and recommendations will be brought forward at the February MPC meeting and taken to Council in March. .-- c.v. January 30, 2006 Municipal Planning Commission Page 13 17. POST AGENDA ITEMS a) Subdivision Endorsement: Case 04 NL 013 An endorsement extension was granted for subdivision application 04 NL 013 to August 2006. This subdivision was a requirement for a development permit approval and this development permit will expire in March 2006. There is a concern the applicant will ask for another extension for the endorsement of the subdivision and may not complete the subdivision because development on the land was approved. Administration will send a letter to the applicant advising that the development permit is due to expire in March 2006 and all conditions of the subdivision must be completed by that time. If the applicant requests an extension to the development permit, the extension date will correspond to the subdivision endorsement date of August 2006 and no other extensions will be granted. b) Information regarding Meetings & Future Meeting Dates Administration is to ensure that Commission members are advised of any meeting date changes. P-15/06 MOVED BY S. SWENSON that the February 28, 2006 MPC meeting date be changed to March 3, 2006 and the March 28, 2006 MPC meeting date be changed to April 5, 2006. MOTION CARRIED _ . Councillor Wutzke also requested that the lunch committee be advised if Commission members are not planning to stay for lunch with the group. 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. ~v January 30, 2006 Municipal Planning Commission Page 14 „^ 21. ADJOURN P-16/06 MOVED BY COUNICLLOR H. WUTZKE that the meeting adjourn at 2:44 p.m. MOTION CARRIED CHAIR N ADMINISTRATOR January 30, 2006 Municipal Planning Commission Page 15