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HomeMy WebLinkAbout2006-03-02 Municipal Planning Commission (Regular) Minutes~-- COUNTY OF NEWELL NO. 4 MUNICIPAL PLANNING COMMISSION MEETING MARCH 2, 2006 The regular Municipal Planning Commission Meeting of the County of Newell No. 4 was held in the County Office at Brooks, AB on Thursday, March 2, 2006 commencing at 10:00 a.m. MEMBERS PRESENT: C. Vermeeren, Chairman I. Schroeder, Councillor S. Swenson, Member B. McKellar, Member ABSENT: H. Wutzke, Councillor STAFF: T. Henry, County Planner P. Urban, Development Control Officer A. Martens, County Administrator S. Yokoyama, Administrative Secretary A. Clayton, Records Management Clerk ~-^~ OTHERS IN ATTENDANCE: S. Anderson - 06 LUA 002 J. Veenstra - 06 LUA 003 J. Veenstra - 06 LUA 003 C. Baksa - 05 LUA 007 1. CALL TO ORDER Councillor Vermeeren called the meeting to order at 10:00 a.m. 2. EXCUSED FROM MEETING P-17/06 MOVED BY B. MCKELLAR that Councillor Wutzke be excused from the meeting. MOTION CARRIED /^ 3. MINUTES a) January 30, 2006 P-18/06 MOVED BY B. MCKELLAR that the minutes of the January 30, 2006 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-19/06 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. 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 Commission members reviewed the letter received from Alberta Aggregates Ltd. regarding their yearly dust control program. The Development Officer was directed to obtain further information from the applicant and arrange for their attendance along with the Superintendent of Public Works at the March 30, 2006 MPC meeting. c) Permit #2859 SW 18-21-15-W4 -Division 7 Plan 0112401, Block 2, Lot 1 Dwain & Karon Stefaniszyn (Owner/Applicant) Accessory Building The Development Officer clarified the use and size of this building for the Commission members. The building is used for general storage and the building size is 624 ft2. This application is considered a permitted use and will be finalized by the Development Officer. 7. COUNCIL & S.D.A.B. REPORT Councillor Vermeeren provided the Commission members with updates on the following items: ~v~ March 2, 2006 Municipal Planning Commission Page 2 ,.., the Gallup SDAB appeal was heard on February 2, 2006 with the appeal being upheld allowing Mr. Gallup until March 31, 2006 to submit a land use amendment application, etc. • 05 LUA 026 for Torkelson was denied. • 05 LUA 027 to redesignate CPR land in the Cassils area from Agricultural to Industrial was passed. • 06 LUA 001 for Lakeside Farm Industries was read a first time. • 05 NL 027 to reconfigure 5 lots at the Brooks Airport was approved. • 06 NL 001 subdivision of the Norden property was approved. The Development Officer will research when building permits are required for development and bring this information back to the next meeting. 8. DEVELOPMENT REPORT -JAN. 17, 2006 -FEB. 22, 2006 P-20/06 MOVED BY B. MCKELLAR that the Development Report be accepted. MOTION CARRIED 9. CORRESPONDENCE a) Wheatland County Prouosed Area Structure Plan The proposed ASP from Wheatland County was reviewed. The County ,--- Planner had no concerns with the proposed ASP. A copy was also sent to the Public Works department with a response to be received by March 8, 2006. 10. DEVELOPMENT PERMITS a) Permit #2861 NE 12-16-14-W4 -Division 1 Joel Kropf (Owner/Applicant) Move Existing Home This application was considered a permitted use and will be finalized by the Development Officer. b) Permit #2862 - SE 1-20-15-W4 -Division 8 Plan 9612160, Block 1 Steve & Debbie Kowal (Owners) Leanne Graham (Applicant) Moved in Modular Home Commission members discussed what should be considered a replacement residence. The County Planner and Development Officer will discuss this further and bring a recommendation back to MPC for review. C ~V• March 2, 2006 Municipal Planning Commission Page 3 P-21/06 MOVED BY B. MCKELLAR that we classify this "Manufactured Home" as a "Dwelling Unit" being a discretionary use within the A -Agricultural District and that approval be granted for Development Permit application #2862 for the placement of a 2006 Model 141 mz (1,520 ft2) manufactured home, as shown on the site plan submitted January 12, 2006, subject to receiving the following requirements prior to commencement of construction, final approval and issuance of this development 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 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 following conditions: 1) This permit is being granted only for the development of a 2006 model 141 m2 (1,520 ft2) manufactured home on Plan 9612160, Block 1 within the SE 1-20-15 W4. Any additional development shall require prior approval of a separate permit application. 2) The proposed development complying with: a. All Federal, Provincial and Municipal statutes, regulations, codes and standards. b. the provisions of Section 79 of Land Use Bylaw #1443-03, and amendments thereto, pertaining to A -Agricultural District. c. the Alberta Building Code where applicable. 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 ensuring: a. the following setbacks are maintained for this development: Front (East) Side Rear *30 m **3 m **3 m * Minimum distance to be maintained from public road ROW or highways. ** Minimum distance to be maintained from the property lines. b. the manufactured home is skirted with materials the same as or consistent with the remainder of the building. c. the proposed building is consistent with the purpose of the land use district and that the design, character and appearance of the proposed building are compatible with, or exceed the standard of, other buildings in the vicinity. d. there is not more than one residence located on the property. c~. March 2, 2006 Municipal Planning Commission Page 4 ,..., e. there is a 2 m (6.6 ft) separation distance between the new building and any existing accessory buildings. f. the property is not used for conducting a business or commercial operation. g. adequate supply of water is provided for potable use. h. site is graded so that storm water does not drain onto adjoining properties. i. there is proper and legal access provided to the property. j. adequate parking space is available for these uses. k. there is proper disposal of sewage and waste from this use. I. property is maintained to the satisfaction of the Development Officer. m. construction materials, supplies and equipment are stored on the property and not on the public roadway. n. continuous clean up of construction debris tracked onto the public roadway where access is provided to the property. o. all outdoor garbage containers are stored in weatherproof and animal-proof containers and are covered and screened from the public roadways. MOTION CARRIED c) Permit #2864 - SE 33-19-14-W4 -Division 10 Catherine E. Botting Prof. Corporation (Owner) Catherine Botting (Applicant) New Home Site P-22/06 MOVED BY COUNCILLOR I. SCHROEDER that we classify this as a "Dwelling Unit" being a discretionary use within the A -Agricultural District and the "Accessory Building" & "Agricultural Building" being permitted uses within the A - Agricultural District and that approval be granted for Development Permit application #2864 fora 139 m2 (1,500 ft2) dwelling unit, a 65 m2 (700 ftz) accessory building for general storage and a 93 mz (1,000 ft2) agricultural building as shown on the site plan submitted January 26, 2006, subject to receiving the following requirements prior to commencement of construction, final approval and issuance of this development 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 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. ~'_' G~ ~ ' March 2, 2006 Municipal Planning Commission Page 5 c. The developer entering into a Roadside Development Agreement, and access agreement, with Alberta Infrastructure and Transportation, and providing evidence of this agreement. d. Where water is required and available, the developer entering into a Rural Water Use Purposes or Household Purposes Agreement with the Eastern Irrigation District, and providing evidence of this agreement. e. The developer providing evidence of a joint access agreement between the SW 33-19-14-W4M and the SE 33-19-14-W4M authorizing access to the parcel. This agreement shall, at no cost to the County, be registered onto the Certificates of Title for the two parcels. and, subject to the following conditions: 1) This permit is being granted only for the development of a 139 m2 (1,500 ft2) "Dwelling Unit"; 65 mz (700 ftz) "Accessory Building" for general storage, and a 93 mz (1,000 ftz) "Agricultural Building". Any additional development shall require prior approval of a separate permit application. 2) The proposed development complying with: a. All Federal, Provincial and Municipal statutes, regulations, codes and standards. b. the provisions of Section 79 of Land Use Bylaw #1443-03, and amendments thereto, pertaining to A -Agricultural District. c. the Alberta Building Code where applicable. d. concerns put forth by Alberta Infrastructure and Transportation e. concerns put forth by the Eastern Irrigation District. 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 ensuring: a. the following setbacks are maintained for this development: Front *30 m Side **3 m Rear **3 m * Minimum distance to be maintained from public road ROW or highways. ** Minimum distance to be maintained from the property lines. b. the proposed buildings are consistent with the purpose of the land use district and that the design, character and appearance of the proposed buildings are compatible with, or exceed the standard of, other buildings in the vicinity. c. there is not more than one residence located on the property. d. there is a 2 m (6.6 ft) separation distance between the dwelling unit and the proposed accessory buildings. ev, March 2, 2006 Municipal Planning Commission Page 6 ,.-. e. the property is not used for conducting a business or commercial operation. f. adequate supply of water is provided for potable use. g. site is graded so that storm water does not drain onto adjoining properties. h. there is proper and legal access provided to the property. i. adequate parking space is available for these uses. j. there is proper disposal of sewage and waste from this use. The developer ensuring the appropriate septic system is utilized for this development. k. property is maintained to the satisfaction of the Development Officer. I. construction materials, supplies and equipment are stored on the property and not on the public roadway. m. continuous clean up of construction debris tracked onto the public roadway where access is provided to the property. n. all outdoor garbage containers are stored in weatherproof and animal-proof containers and are covered and screened from the public roadways. o. no contamination of soil, surface water or groundwater from this use. p. all hazardous waste materials are properly disposed of in regulated facilities. P-23/06 MOVED BY COUNCILLOR I. SCHROEDER that the vote on Permit #2864 be postponed. MOTION CARRIED Arrived at Meetin4 Stephen Anderson was in attendance at the meeting and arrived at 11:08 a.m. 14. LAND USE CHANGES a) #06 LUA 002 - Pt. SE 31-15-15-W4 S & K Farms Ltd. (Owner) -Division 4 Stephen & Kim Anderson (Applicant) (Approx. 4.3 ac) From A -Agricultural District to RUR -Rural Residential District Commission members reviewed the letter received from Stephen & Kim ,~.. Anderson regarding their application. G~~ March 2, 2006 Municipal Planning Commission Page 7 P-24/06 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 1.74 hectares (4.3 acres) of land in SE 31-15-15-W4M from A -Agricultural District to RUR -Rural Residential District, with a relaxation to Policy 2.5.3 (g) of the County's Municipal Development Plan. MOTION CARRIED Stephen Anderson left the meeting at 11:17 a.m. Arrived at Meeting ]akob Veenstra was in attendance at the meeting and arrived at 11:18 a.m. b) #06 LUA 003 Pt. SW 9-18-14-W4 -Division 5 Jakob & ]o-Anne Veenstra (Owner/Applicant) (Approx. 40.0 ac) From A -Agricultural District to CR -Country Residential District Jo-Anne Veenstra arrived at 11:23 a.m. P-25/06 MOVED BY S. SWENSON 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 16.19 hectares (40.0 acres) of land in SW 9- 18-14-W4M from A -Agricultural District to CR - Country Residential District. MOTION CARRIED Mr. Veenstra questioq ed whether they coul~~ed~ce the size of their development to 30 ~ `~~ rather than 40 r~et~eg. Administration & MPC suggested that if they would like to change the area the request be made prior to 1St reading of the bylaw on March Stn Jakob & Jo-Anne Veenstra left the meeting at 11:26 a.m. c) Permit #2864 - SE 33-19-14-W4 -Division 10 Catherine E. Botting Prof. Corporation (Owner) Catherine Botting (Applicant) New Home Site VOTE ON POSTPONED MOTION P-22/06. MOTION CARRIED li ~~ - __ March 2, 2006 Municipal Planning Commission Page 8 ~-. d) Permit #2868 - SW 10-15-13-W4 -Division 1 William Lester (Owner) Leroy Lester (Applicant) New Home Site with Garaae P-26/06 MOVED BY COUNCILLOR I. SCHROEDER that we classify this as a "Dwelling Unit" being a discretionary use within the A -Agricultural District and an "Accessory Building" being a permitted use within the A - Agricultural District under Section 55(1) to permit a second residence on the parcel and that approval be granted for Development Permit application #2864 for the development of a 160 m2 (1,720 ft2) dwelling unit and an 83 mZ (900 ft2) accessory building (garage) for agricultural purposes on SW 10-15-13-W4 as shown on the site plan submitted January 26, 2006, subject to receiving the following requirements prior to commencement of construction, final approval and issuance of this development 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 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. c. 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) This permit is being granted only for the development of a 139 m2 1720 ftz "Dwelling Unit" and an 83 mZ (900 ftZ) "Accessory Building" (garage) for agricultural purposes on the SW 10-15-13-W4. Any additional development shall require prior approval of a separate permit application. 2) The proposed development complying with: a. all Federal, Provincial and Municipal statutes, regulations, codes and standards. b. the provisions of Section 79 of Land Use Bylaw #1443-03, and amendments thereto, pertaining to the A -Agricultural District. the Alberta Building Code where applicable 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. ~^ ~'• ' v March 2, 2006 Municipal Planning Commission Page 9 4) The developer ensuring: a. the following setbacks are maintained for this development: Front (West) Side Rear *30 m **3 m **3 m * Minimum distance to be maintained from public road ROW or highways. ** Minimum distance to be maintained from the property lines. b. the proposed building is consistent with the purpose of the land use district and that the design, character and appearance of the proposed buildings are compatible with, or exceed the standard of, other buildings in the vicinity. c. there is a 2 m (6.6 ft) separation distance between the dwelling unit and the proposed accessory buildings. d. the property is not used for conducting a business or commercial operation. e. adequate supply of water is provided for potable use. f. site is graded so that storm water does not drain onto adjoining properties. g. there is proper and legal access provided to the property. h. adequate parking space is available for these uses. i. there is proper disposal of sewage and waste from this use. The developer ensuring the appropriate septic system is utilized for this development. j. property is maintained to the satisfaction of the Development Officer. k. construction materials, supplies and equipment are stored on the property and not on the public roadway. I. continuous clean up of construction debris tracked onto the public roadway where access is provided to the property. m. all outdoor garbage containers are stored in weatherproof and animal-proof containers and are covered and screened from the public roadways. n. no contamination of soil, surface water or groundwater from this use. o. all hazardous waste materials are properly disposed of in regulated facilities. MOTION CARRIED ~ -`~ ~ -. March 2, 2006 Municipal Planning Commission Page 10 ,.-~. e) Permit #2870 - NE 15-16-16-W4 -Division 4 Leader Energy Services Ltd. (Owner) A.E. Adams Construction Company Ltd. (Applicant) Oilfield Support Business (Well Cementing) This application was considered a permitted use in an Industrial District. The Development Officer was directed to proceed with processing the application. 11. HOME OCCUPATION/HOME INDUSTRY PERMITS There were no new Home Occupation /Home Industry permits to review. 12. AGRICULTURAL SUPPORT SERVICE PERMITS There were no new Agricultural Support Service Permits to review. 13. STATUTORY PLANS -NEW & AMENDMENTS There were no Statutory Plans to review. ~-- 15. SUBDIVISIONS There were no new Subdivisions to review. 17. POST AGENDA ITEMS a) Meeting Date Chancaes P-27/06 MOVED BY B. MCKELLAR that the April 5, 2006 MPC meeting date be changed to March 30, 2006. MOTION CARRIED LUNCH The Commission recessed for lunch at 11:55 a.m. and reconvened at 1:13 p.m. Arrived at Meeting Cory Baksa was in attendance at the meeting and arrived at 1:13 p.m. ,-- ~, v March 2, 2006 Municipal Planning Commission Page 11 b) Cassils Application - 05 LUA 007 Cory Baksa, agent for Dick Dick, updated the Commission on the status of Mr. Dick's land use amendment application. She requested that 05 LUA 007 be amended from CR - Country Residential to I - Industrial and that subdivision of the existing house from the property be considered. The approval of 05 LUA 027 which approved an industrial zoning next to Mr. Dick's property was also discussed. P-28/06 MOVED BY B. MCKELLAR that the developer meet with the County Planner to discuss all options for lands located at Pt. S~/z 5-19-15-W4 and that this item be brought back to the March 30, 2006 MPC meeting. MOTION CARRIED 16. OTHER BUSINESS a) Baksa Sewage Lagoon Setback Issue The County P-anner advised that as a requirement of the subdivision for this property the County requested a waiver from Alberta Environment to allow residential development with 300 m of a sewage lagoon. Approval for this relaxation was received, however, the process for dealing with complaints -- still had to be determined. It was suggested that the County and developer enter into an agreement to deal with these issues and that a copy be -" provided to Alberta Environment. P-29/06 MOVED BY B. MCKELLAR that the County enter into an agreement with R.C. Baksa Stores Ltd. to satisfy a condition in Subdivision Application 05 NL 018 for dealing with complaints regarding the lagoon site located at Sage Brush Estates. MOTION CARRIED Cory Baksa left at 2:28 p.m. b) Subdivision Services to be Installed by the Developer This item was referred from Workshop. Council wanted input from the Municipal Planning Commission on who should be responsible for installing water and sewer lines in new subdivisions. Commission members felt that until the Regional Water Services Proposal has been finalized it would be hard to make a decision on this issue. It was suggested that this topic be brought forward at a later date once further direction has been obtained from the Regional committee and in consultation with the County's Public Works department. c~. March 2, 2006 Municipal Planning Commission Page 12 c) Cassils ASP Proposals The County Planner provided an overview of the Cassils ASP proposals. P-30/06 MOVED BY COUNCILLOR I. SCHROEDER that it be recommended to Council that we accept Dillon Consulting Ltd.'s proposal for the development of the Cassils Area Structure Plan including their proposed Phase I hydrogeological study encompassing table top data analysis; 20 well water samples; and GIS data collection and mapping of well locations and aquifer vulnerability for a total cost of $124,765 plus GST. MOTION CARRIED 18. IN CAMERA There were no in camera items to discuss. 19. QUESTION PERIOD None r^ 20. INFORMATION ITEMS There were no information items at this meeting. 21. AD70URN P-31/06 MOVED BY COUNCCLLOR I. SCHROEDER that the meeting adjourn at 3:31 p.m. MOTION CARRIED ., CHAIRMA ADMINISTRATOR March 2, 2006 Municipal Planning Commission Page 13