HomeMy WebLinkAbout2006-05-30 Municipal Planning Commission (Regular) MinutesCOUNTY OF NEWELL NO. 4
MUNICIPAL PLANNING COMMISSION MEETING
MAY 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 Tuesday, May 30, 2006 commencing at
10:01 a.m.
MEMBERS C. Vermeeren, Chairman
PRESENT: I. Schroeder, Councillor
H. Wutzke, Councillor
S. Swenson, Member
B. McKellar, Member
STAFF: T. Henry, County Planner
P. Urban, Development Control Officer
A. Martens, County Administrator
S. Yokoyama, Administrative Secretary
A. Clapton, Records Management Clerk
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OTHERS IN
ATTENDANCE:
C. Petersen - 06 NL 005
K. Peters - 06 NL 005
R. Motokado - DP #2901
W. Friesen - DP #2901
C. Baksa - 06 LUA 013
D. Jensen - 06 LUA 009
G. Gallup - 06 LUA 009
R. Gallup - 06 LUA 009
M. Gallup - 06 LUA 009
E. Weins - 06 LUA 009
T. Parker - 06 LUA 009
T. Cage - 06 LUA 009
A. Currie - 06 NL 004
1. CALL TO ORDER
Councillor Vermeeren called the meeting to order at 10:00 a.m.
2. EXCUSED FROM MEETING
Everyone was present at the meeting.
3. MINUTES
P-69/06
a) April 25, 2006
MOVED BY COUNCILLOR H. WUT2KE that the minutes of the April 25,
2006 Municipal Planning Commission meeting be adopted as presented.
MOTION CARRIED
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4. CALL FOR POST AGENDA ITEMS
The Chairman called for post agenda items.
5. ADOPTION OF AGENDA
P-70/06 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
The Development Officer sent a letter to the Applicant on April 26tH
requesting an update on the permit and received no response.
P-71/06 MOVED BY COUNCILLOR H. WUTZKE that a letter be drafted, to be
signed by Councillor Vermeeren, requesting some progress on Permit
#2818.
MOTION CARRIED
c) Permit #206 - NW 18-17-12-W4 -Division 2
Ronald Calpas/Loren Calpas (Owner)
Mr. Loren Calpas (Applicant)
Used Car Sales & Towing Service
P-72/06 MOVED BY COUNCILLOR H. WUTZKE that the Municipal Planning
Commission REFUSE the Used Car Sales Operation as it contravenes
Section 3 of the Home Occupation/Home Industry guidelines as this use
can, and should, be located within a Commercial or Light Industrial District
and that APPROVAL be granted for Home Occupation Major #206 for the
operation of a °Towing Service" being a discretionary use within the A -
Agricultural District, on lands legally described as NW 18-17-12 W4M,
subject to the following conditions:
1. This permit is being granted only for the operation of a Towing
Service, containing one commercial truck, as described in this
application, on lands legally described as NW 18-17-12 W4M. Any
additional development, or change in use, shall require prior approval
of a separate permit application.
2. 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.
May 30, 2006 Municipal Planning Commission Page 2
,r.. The Applicant shall be responsible for re-applying a minimum of two
months before the expiry date.
3. This use complying with:
i. Schedule C of the Land Use Bylaw #1443-03 pertaining to Home
Occupation Major.
ii. Section 79 of the Land Use Bylaw #1443-03 pertaining to the A -
Agricultural District.
4. The applicant ensuring:
a. this use shall not affect the residential use of the property or
adjacent properties in the area.
b. the total number of off-site employees, not including the occupants
of the residence involved with the said occupation, does not exceed
two.
c. that no noise, vibration, smoke, dust or odours, which may affect
adjacent landowners or developments, are created from this home
occupation major.
d. that adequate parking is available for this use.
e. there is no advertising or display of produce being permitted on the
property except for one indirectly illuminated sign of lmZ placed
flat against the building or fence.
f. there is no outside storage of goods or materials related to this
Home Occupation Permit. Vehicles, relating to the towing service,
or towed vehicles, shall not be stored on the property.
g. the vehicles relating to the auto sales operation are removed from
the property within ninety days from the date of approval.
h. that any contaminated soil on the property caused from the
~ vehicles is properly reclaimed.
i. that the towing service, as described in this operation, is the only
commercial use operating from the property.
MOTION CARRIED
Arrived at Meetin4
Connie Petersen and Karen Peters arrived at the meeting at 10:22 a.m.
b) #06 NL 005 - Pt. S ~/i 5-19-15-W4
Canadian Pacific Railway (Owner) -Division 5
Midwest Surveys & Pommen Group (Applicant)
Subdivision of Industrial parcel along railwav adiacent to Cassils for a
land transfer.
P-73/06 MOVED BY COUNCILLOR I. SCHROEDER that we recommend to Council
APPROVAL of Subdivision #06 NL 005, for the subdivision of a 4.05
hectare (10.01 acre) parcel from railway plan RY 11, 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.
May 30, 2006 Municipal Planning Commission Page 3
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 or removal of any required road approaches
to the proposed parcels. A caveat may be placed on the title for this
requirement.
4. The applicant meeting any requirements of the Eastern Irrigation
District with respect to the conveyance of water as well as easements.
5. The applicant constructing a minimum 1.86-metre fence along the
affected property.
6. The applicant providing a landscaping plan for the south boundary of
the property.
7. The applicant providing municipal reserve in the form of cash-in-lieu
calculated at $7,500.00 per acre.
8. That all outstanding municipal taxes be paid prior to endorsement.
MOTION CARRIED
Connie Petersen and Karen Peters left the meeting at 10:27 a.m.
d) General Discussion 06-03 Re: Steve & Debra Kowal
The Development Officer presented the Commission with an update on the
property of Steve and Debra Kowal. The Kowals have submitted a Home
Occupation Permit application and have informed the Development Officer
that the vehicles on the property are temporary and will be removed in the
near future.
e) Re-Evaluation of Planning & Development Fees
The County Planner presented the Commission with information on fees and
processing costs. The Commission requested information on the current
percentage of costs recovered under the current fee schedule.
7. COUNCIL & S.D.A.B. REPORT
Councillor Vermeeren provided the Commission members with updates on
the following items:
• 05 LUA 007 was given first reading.
• 06 LUA 004 was given second and third readings.
• 06 LUA 005 was given second and third readings.
• 05 LUA 026 was defeated.
• 06 LUA 010 was given first reading.
• 06 LUA 008 was given first reading.
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May 30, 2006 Municipal Planning Commission Page 4
• 06 TA 001 was given second and third readings.
• Dillon Consulting -The proposal for Phase one of completing the 4
incomplete ASPS was accepted without the sole sourcing condition for
Phase 2.
• Dale Dola/Grace Cattle Carriers
8. DEVELOPMENT REPORT -APR. 20. 2006 -MAY 24. 2006
The Development Officer's report was presented to the Commission. The
Commission requested, for future Development Reports, that the square
footage of the development be indicated in addition to the value, as it would
give a better idea of the type of construction being added.
P-74/06 MOVED BY COUNCILLOR I. SCHROEDER that the Development Report
be accepted.
MOTION CARRIED
9. CORRESPONDENCE
a) City of Brooks Re: Northwest Sector Area Structure Plan
i-- The County Planner presented a letter from the City of Brooks regarding the
preparation of the Northwest Area Structure Plan. The County Planner had
concerns that the ASP is predominantly residential despite being adjacent to
parcels of other uses (i.e. a feedlot) and felt that this should be commented
on. Public Works will be consulted regarding concerns with the accesses off
of 15th Ave.
P-75/06 MOVED BY COUNCILLOR I. SCHROEDER that the Commission agrees
with the comments made by the County Planner and that these comments
be communicated to the City of Brooks.
MOTION CARRIED
10. DEVELOPMENT PERMITS
b) Permit #2894
NE 7-19-14-W4 -Division 10
Darrell & Kathy Smith (Owner), Mr. Darrell Smith (Applicant)
New 1180 mz (12,700 ft.2) "Accessory Building"
This item was referred to a future meeting.
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May 30, 2006 Municipal Planning Commission Page 5
c) Permit #2902
Plan 9411173 Unit 8 (Lake Newell Resort) -Division 5
Craig Olsen (Owner) -
Mr. Orval B. Shantz Professional Corp. (Applicant)
Relaxation Request -Rear Yard Setback -Existing Deck
P-76/06 MOVED BY COUNCILLOR B. MCKELLAR that the Municipal Planning
Commission APPROVE the variance request as outlined in Development
Permit # 2902, being a variance of 0.10m for the existing foundation
construction and 0.28m for the existing deck construction on Lot 8, Block 1,
Plan 9411173, (8 Blue Heron View).
MOTION CARRIED
d) Permit #2896
Plan 9110717, Block 1 Lot 1 (SW 33-19-14-W4) -Division 10
Robberg Holdings Inc. (Owner), Mr. Lorne Bateman (Applicant)
Change in Use of Property
P-77/06 MOVED BY COUNCILLOR H. WUTZKE that the Municipal Planning
Commission APPROVE Development Permit #2896 and that this
renovation, together with the overall use of the building, be classified as a
~~Hotel" being a discretionary use within the HWYC -Highway Commercial
District. Approval is being granted for the structural alteration of the
existing building, creating a meeting and banquet room, together with the -
overall use of the building as a ~~Hotel" as described in this application and
shown on the site plan submitted April 11, 2006, on Lot 1, Block 1, Plan `~
9110717 within SW 33-19-14-W4, where the following are required prior to
commencement of construction, final approval and issuance of this permit:
a. The developer becoming the registered owner of the property.
b. The developer providing the Development Officer with a copy of the
building and/or occupancy permit issued by a licensed, accredited
building inspection agency for the County of Newell.
c. The developer providing evidence of a joint access agreement between
Lot 1, Block 1, Plan 9110717 and Lot 2, Block 1, Plan 9411511
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.
d. The developer entering into a Roadside Development Agreement with
Alberta Infrastructure and Transportation.
and subject to the following conditions:
1. This permit is being granted only for the structural alteration in the
existing building, creating a meeting and banquet room, together with
the overall use of the building being classified as a "Hotel" as described
in this application and shown on the site plan submitted April 11,
2006, on Lot 1, Block 1, Plan 9110717 within SW 33-19-14-W4. Any
additional development or change in use shall require prior approval of -
a separate permit application.
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May 30, 2006 Municipal Planning Commission Page 6
~ 2. The proposed development complying with:
a. all Federal, Provincial and Municipal statutes, regulations, codes
and standards.
b. the provisions of Section 94 of Land Use Bylaw #1443-03, and
amendments thereto, pertaining to the HWYC - Highway
Commercial District.
c. the Alberta Building Code where applicable.
d. the Alberta Fire Code where applicable.
e. any concerns put forth by Alberta Infrastructure &
Transportation.
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 the following setbacks are maintained for this
development:
Front (West) Side Rear
*30m **3m **7.5m
* Minimum distance to be maintained from public road ROW or
highways.
~-- ** Minimum distance to be maintained from the property lines.
5. The developer ensuring:
a. that an adequate supply of water is provided for potable use.
b. there is an adequate supply of water for fire suppression
purposes to the satisfaction of the Brooks Rural Fire Department.
c. that storm water does not drain onto adjoining properties.
6. The developer ensuring there is proper disposal of sewage and waste
from this use.
7. The developer ensuring that adequate parking is available for this use.
a. This shall be at a rate of 1 stall per guest room plus 1 stall per 2
employees.
b. The stall shall be no less than 2.7m in width and no less than
5.5m in depth.
8. The developer ensuring that:
a. the property is maintained to the satisfaction of the Development
Officer.
b. construction materials, supplies and equipment are stored on the
property and not on the public roadway.
c. there is continuous clean up of construction debris tracked onto
the public roadway where access is provided to the property.
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May 30, 2006 Municipal Planning Commission Page 7
d. all outdoor garbage containers are stored in weatherproof and
animal-proof containers and are covered and screened from the
public roadways. --
e. there is no contamination of soil, surface water or groundwater
from this use.
MOTION CARRIED
e) Permit #2903
Plan 8310232, Block 1 (NE 8-19-14-W4) -Division 10
Bar-De Transportation 1999 Ltd. (Owner)
Mr. Colin Kisko (Applicant)
Variance Request -Front Yard Setback Requirement -
Office Expansion
P-78/06 MOVED BY COUNCILLOR H. WUTZKE that the Municipal Planning
Commission APPROVE Development Permit #2903 and that this "Office
Addition" as well as the overall use of the property be classified as an
oilfield-trucking operation for the purposes of a ~~Well Servicing Operation"
which is a permitted use within the I -Industrial District. A variance of
5.05m (16.6 ft.) is being granted to the front yard setback requirement of
Section 73 of Land Use Bylaw #1443-03 for the existing office and the
construction of a 35.7m2 (384 ft.z) office expansion as described in this
application and approved in the site plan submitted on May 3, 2006 on
Block 1, Plan 8310232, containing 7.61 acres, 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, if required.
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:
1. This permit is being granted only for the development of a 35.7mZ
(384 ft.Z) office expansion and overall use of the property as a
trucking operation for the purposes of a well servicing operation, as
approved in this application, on Block 1, Plan 8310232 (within NE 8-
19-14 W4M, containing 7.61 acres. Any additional development, or
change in use 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 96 of Land Use Bylaw #1443-03, and
amendments thereto, pertaining to the I -Industrial District.
c. the Alberta Building Code where applicable.
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May 30, 2006 Municipal Planning Commission Page 8
,- d. the Alberta Fire Code where applicable.
e. any concerns put forth by the Brooks Rural Fire Department.
3. This developer obtaining, and complying with, all other required
permits including electrical, heating & ventilation, gas and plumbing
from an accredited inspection agency, where applicable, 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 (North) Side Rear
*24.95m **3m **3m
* Minimum distance to be maintained from public road ROW or
highways, as varied by the Municipal Planning Commission.
** Minimum distance to be maintained from the property lines.
b. the exterior of the proposed addition is sided with materials the
same as, or consistent with, the exterior of the existing building.
c. that an adequate supply of water is provided for potable use.
d. that an adequate supply of water is provided for fire suppression
to the satisfaction of the Brooks Rural Fire Department.
e. there is proper disposal of sewage and waste from this use. The
developer ensuring the appropriate septic system is utilized for
~ this development.
f. the 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. that access can be provided for Emergency Services vehicles to
the property.
i. that adequate parking space is available for this use.
j. that property is maintained to the satisfaction of the
Development Officer.
k. that construction materials, supplies and equipment are stored
on the property and not on the public roadway.
1. there is continuous clean up of construction debris tracked onto
the public roadway where access is provided to the property.
m. 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.
n. all outdoor garbage containers are stored in weatherproof and
animal-proof containers and are covered and screened from the
public roadways.
'"' o. that there is no contamination of soil, surface water or
groundwater from this use.
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May 30, 2006 Municipal Planning Commission Page 4
p. all hazardous waste materials are properly disposed of in --
regulated facilities.
MOTION CARRIED
LUNCH
The Committee RECESSED for lunch at 12:04 p.m. and RECONVENED at
1:09 p.m.
10. DEVELOPMENT PERMITS (continued)
f) Permit #2897
SE 19-19-14-W4 -Division 10
Lakeside Feeders Ltd. (Owner), Mr. Doug Bell (Applicant)
Existing Employee Lodging Facility
P-79/06 MOVED BY COUNCILLOR H. WUTZKE that the Municipal Planning
Commission recommend to Council APPROVAL of Development Permit
#2897 and that these buildings and uses be classified as ~~Dwelling Units"
for the purpose of employee lodging within the DC -Direct Control District.
Approval is being granted for the development of four 479m2 prefabricated
residential buildings and a 30mz security building, as described in this
application and shown on the site plan submitted May 2, 2006, on the SE
19-19-14 W4M, containing 1.72 acres, 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 a
building and/or occupancy permit issued by a licensed, accredited
building inspection agency for the County of Newell.
b. The developer providing the Development Officer with written evidence
from a person qualified in the installation of septic systems that the
existing septic system is suitable for this use.
c. The developer providing the Development Officer with written evidence
from the Palliser Health Authority, approving this use.
and subject to the following conditions:
1. This permit is being granted only for the existing four 479mZ
prefabricated residential units and 30mz security building as described
in this application, within the SE 19-19-14 W4M, containing 1.72
acres. Any additional development, or change in use shall require
prior approval of a separate permit application.
2. This proposed development complying with:
a. all Federal, Provincial and Municipal statutes, regulations, codes
and standards.
b. the provisions of Section 97 of Land Use Bylaw #1443-03, and
amendments thereto, pertaining to the DC - Direct Control -
District.
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May 30, 2006 Municipal Planning Commission Page 10
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c. the Alberta Building Code where applicable.
d. the Alberta Fire Code where applicable.
e. any concerns put forth by the Palliser Health Authority.
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 applicant ensuring:
a. the following setbacks are maintained for this development:
Front Side Rear
*30m **3m **3m
* Minimum distance to be maintained from public road ROW or
highways.
** Minimum distance to be maintained from the property lines.
b. that buildings are consistent with the purpose of the land use
district and that the design, character and appearance of the
buildings are compatible with, or exceed the standard of, other
buildings in the vicinity.
c. that the 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. that access can be provided for Emergency Services vehicles to
all sides of the buildings.
f. that adequate parking space is available for these uses.
g. there is proper disposal of sewage and waste from this use and
that the appropriate septic system is utilized for this
development.
h. the property is maintained to the satisfaction of the Development
Officer.
i. that construction materials, supplies and equipment are stored
on the property and not on the public roadway.
j. there is continuous clean up of construction debris tracked onto
the public roadway where access is provided to the property.
k. that all outdoor garbage containers are stored in weatherproof
and animal-proof containers and are covered and screened from
the public roadways.
I. there is no contamination of soil, surface water or groundwater
from this use.
MOTION CARRIED
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May 30, 2006 Municipal Planning Commission Page 11
Arrived at Meetin4
Richard Motokado and Wilhelm Friesen arrived at the meeting at 1:15 p.m. --
a) Permit #2901
Plan 9311208, Block 2 (NE 14-16-16-W4M) -Division 4
Wilhelm & Sara Friesen (Owner), Wilhelm Friesen (Applicant)
Moved in 1990 Manufactured Home with Porch Addition
Mr. Motokado expressed concerns regarding the site of the proposed
development and the proximity to his farming operation. Other areas of
concern are ground and aerial spraying, traffic and drainage. Pictures were
displayed of the proposed site and Mr. Motokado's property. The
Development Officer noted that the EID had been contacted, but overall the
EID had no issues with the permit application. Councillor Vermeeren
commented on the lack of drainage and also noted that the property is
zoned agricultural, but is meant for residential purposes. Mr. Friesen
responded to Mr. Motokado's concerns. Councillor Schroeder questioned if
Mr. Friesen had purchased the land with the intention of putting a house on
it, and Mr. Friesen acknowledged that this was his intention.
P-80/06 MOVED BY S. SWENSON that the Municipal Planning Commission
APPROVE Development Permit #2901 and that this °Manufactured Home"
be classified as a "Dwelling Unit" being a discretionary use within the A -
Agricultural District. Approval is being granted for the placement of a 1990
moved in 113mz manufactured home, with a 26m2 porch addition as
described in this application and shown on the site plan submitted April 27,
2006, on lands legally described as Block 2 Plan 9311208 within NE 14-16-
16 W4M, containing 6.22 acres, 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 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:
This permit is being granted only for the development of a 1990
moved in 113mZ (1,216 ft.Z) manufactured home with 26mz porch
addition (280 ft.Z), on Block 2, Plan 9311208 within the NE 14-16-16-
W4M. Any additional development shall require prior approval of a
separate permit application.
2. The proposed development complying with:
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May 30, 2006 Municipal Planning Commission Page 12
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.
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 proposed building is consistent with the purpose of the land use
district and that the design, character and appearance of the
proposed building is compatible with, or exceed the standard of,
other buildings in the vicinity.
c. the manufactured home is skirted with materials the same as or
consistent with the remainder of the building.
d. the exterior of the proposed addition is sided with materials the
same as, or consistent with, the remainder of the building.
e. the property is not used for conducting a business or commercial
operation.
f. that an adequate supply of water is provided for potable use.
g. the 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. that adequate parking space is available for this use.
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. that the property is maintained to the satisfaction of the
Development Officer.
I. that construction materials, supplies and equipment are stored on
the property and not on the public roadway.
m. there is continuous clean up of construction debris tracked onto the
public roadway where access is provided to the property.
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May 30, 2006 Municipal Planning Commission Page 13
n. all outdoor garbage containers are stored in weatherproof and
animal-proof containers and are covered and screened from the
public roadways. -
o. there is no contamination of soil, surface water or groundwater
from this use.
MOTION CARRIED
Richard Motokado and Wilhelm Friesen left the meeting at 1:44 p.m.
11. HOME OCCUPATION/HOME INDUSTRY PERMITS
a) Permit #208 -Plan 9110716, Block 1 Lot 1
(SW 6-19-14-W4) -Division 10
Zastre Masonry Ltd. & Magnet Commercial Ventures Ltd. (Owner)
Mr. Dave Zastre (Applicant)
Existing Masonry Operation
There was a discussion on the process used when the applicant of a Home
Occupation/Home Industry Permit is not the owner. If the tenant is the
applicant, they should get consent for the application from the owner of the
property, and the owner should be fully aware of the development and
assume all responsibility.
P-81/06 MOVED BY COUNCILLOR I. SCHROEDER that the Municipal Planning -
Commission APPROVE Home Occupation Major #208 and that this be
classified as a °Masonry Operation" being a discretionary use within the A -
Agricultural District, on Plan 9110716 Block 1 Lot 1, (within SW 6-19-14
W4), containing 0.50 acres, subject to the following conditions:
1. This permit is being granted only for the existing Masonry Operation as
described in this application, on Plan 9110716 Block 1 Lot 1 within SW
6-19-14 W4, containing 0.50 acres. Any additional development, or
change in use, shall require prior approval of a separate permit
application.
2. 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.
3. This use complying with:
a. Schedule C of Land Use Bylaw #1443-03 pertaining to Home
Occupation Major.
b. Section 79 of Land Use Bylaw #1443-03 pertaining to the A -
Agricultural District.
4. The applicant ensuring:
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May 30, 2006 Municipal Planning Commission Page 14
,.~- a. this use shall not affect the residential use of the property or
adjacent properties in the area.
b. that all outdoor garbage containers are stored in weatherproof
and animal proof containers and are covered and screened from
the public roadways.
c. the total number of off-site employees, not including the
occupants of the residence involved with the said occupation,
does not exceed two.
d. the total number of off-site employee does not exceed two.
e. no noise, vibration, smoke, dust or odours, which may affect
adjacent landowners or development, are created from this home
occupation major.
f. that adequate parking is available for this use.
g. there is no advertising or display of produce being permitted on
the property except for one indirectly illuminated sign of lmZ
placed flat against the building or fence.
MOTION CARRIED
10. DEVELOPMENT PERMITS (continued)
g) Permit #2898
Plan 9110716, Block 1, Lot 1 (SW 6-19-14-W4) -Division 10
Zastre Masonry Ltd. & Magnet Commercial Ventures (Owner)
Mr. Dave Zastre (Applicant)
Construction of Soft Sided Building (Masonry Operation)
P-82/06 MOVED BY COUNCILLOR H. WUTZKE that the Municipal Planning
Commission APPROVE Development Permit #2898 and that this building
and use be classified as an "Accessory Building" being a permitted use
within the A -Agricultural District. Approval is being granted for the
construction of a 111.48m2 (1,200 ft.z) soft sided accessory building, for
general storage, as described in this application and shown on the site plan
submitted May 2, 2006, on Lot 1 Block 1 Plan 9110716 within SW 6-19-14-
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 a Roadside Development Agreement with
Alberta Infrastructure and Transportation, if required by Alberta
Infrastructure and Transportation, and providing evidence of this
agreement.
r,-.. and subject to the following conditions: ~~ ~ //
1 V ~
May 30, 2006 Municipal Planning Commission Page 15
1. This permit is being granted only for the development of an 111.48mz -
(1,200 ft.2) soft-sided accessory building for general storage, on Lot 1
Block 1, Plan 9110717 within the SW 6-19-14-W4. Any additional ~~
development or change in use shall require prior approval of a
separate permit application.
2. This 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.
c. the Alberta Building Code where applicable.
d. any concerns put forward by Alberta Infrastructure and
Transportation.
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 applicant ensuring:
a. the following setbacks are maintained for this development:
Front (South) Side Rear
*7.5 m **3 m **3 m
* Minimum distance to be maintained from subdivision streets or
service roads ~~
** Minimum distance to be maintained from the property lines.
b. that the proposed building is consistent with the purpose of the
land use district and that the design, character and appearance
of the proposed building is compatible with, or exceeds the
standard of, other buildings in the vicinity.
c. the property is not used for conducting a business or commercial
operation.
d. the site is graded so that storm water does not drain onto
adjoining properties.
e. there is proper and legal access provided to the property.
f. that adequate parking space is available for these uses.
g. that the property is maintained to the satisfaction of the
Development Officer.
h. that construction materials, supplies and equipment are stored
on the property and not on the public roadway.
i. there is continuous clean up of construction debris tracked onto
the public roadway where access is provided to the property.
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May 30, 2006 Municipal Planning Commission Page 16
r- j. that all outdoor garbage containers are stored in weatherproof
and animal-proof containers and are covered and screened from
the public roadways.
k. there is no contamination of soil, surface water or groundwater
from this use.
MOTION CARRIED
11. HOME OCCUPATION/HOME INDUSTRY PERMITS (continued)
b) Permit #209 - SE 11-19-14-W4 (Plan 6866 JK Block A) -Division 10
308303 Alberta Ltd. (Owner), Gordon Preston (Applicant)
Existing Use -Contractor's Yard
P-83/06 MOVED BY COUNCILLOR H. WUTZKE that the Municipal Planning
Commission APPROVE Home Industry Major #209 for an "Excavating
Contractor" being a discretionary use within the RUR -Rural Residential
District, as described in this application, on Plan 6866 JK Block A containing
1.81 acres, where the following are required prior to final approval and
issuance of this permit:
a. The applicant providing the Development Officer with a copy of the
occupancy permit issued by a licensed, accredited building inspection
agency for the County of Newell.
~ and subject to the following conditions:
1. This permit is being granted only for the operation of an Excavating
Contractor, as described in this application, on Plan 6866 JK Block A,
containing 1.81 acres. Any additional development, or change in use,
shall require prior approval of a separate permit application.
2. 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.
3. This use complying with:
i. Schedule E of the Land Use Bylaw #1443-03 pertaining to Home
Industry Major.
ii. Section 81 of the Land Use Bylaw #1443-03 pertaining to the
RUR -Rural Residential District.
iii. the Alberta Building Code where applicable.
4. The applicant ensuring:
a. this use shall not affect the residential use of the property or
adjacent agricultural properties in the area.
b. the total number of off-site employees, including the occupants
of the residence involved with the said occupation, does not
i"~ exceed five ,unless otherwise required by another governmental
authority.
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May 30, 2006 Municipal Planning Commission Page 17
c. the maximum number of commercial vehicles does not exceed
five. No further storage of equipment, dirt of aggregate
products, other than as described in this application shall be
permitted.
d. there is no contamination of soil, surface water or groundwater
from this use.
e. that all hazardous waste materials are properly disposed of in
regulated facilities.
f. no noise, vibration, smoke, dust or odours, which may affect
adjacent landowners or development, are created from this home
industry major.
g. adequate parking is available for this use.
h. there is no advertising or display of produce being permitted on
the property except for one indirectly illuminated sign of 1m~
placed flat against the building or fence.
MOTION CARRIED
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.
18. IN CAMERA ITEMS
P-84/06 MOVED BY COUNCILLOR H. WUTZKE that the meeting move in camera
at 2:05 p.m.
MOTION CARRIED
P-85/06 MOVED BY COUNCILLOR I. SCHROEDER that the meeting move out of
camera at 2:53 p.m.
MOTION CARRIED
14. LAND USE CHANGES
a) #06 LUA 013 - Pt. SW 1-19-14-W4
R.C. Baksa Stores Ltd. (Owner/Applicant)
Division 10 (Approx. 4.40 ac)
From CR -Country Residential District to DC -Direct Control District
~ ~U.
May 30, 2006 Municipal Planning Commission Page 18
P-86/06
MOTION CARRIED
P-87/06 MOVED BY COUNCILLOR I. SCHROEDER that we recommend to County
Council to provide first reading to change approximately 53.84 hectares
(133.03 acres) of land in Pt. NE 7-19-14 W4M from A -Agricultural District
to I -Industrial District.
MOVED BY B. MCKELLAR that, at the request of the applicant, this item
be referred to the next meeting.
b) #06 LUA 012 - Pt. NE 7-19-14-W4
Darrell & Kathleen Smith (Owner/Applicant)
Division 10 (Approx. 133.03 ac)
From A -Agricultural District to I -Industrial District
MOTION CARRIED
ARRIVED AT MEETING
Darlene Jensen, Gordon Gallup, Rebecca Gallup, Mark Gallup, Ernest Weins,
Tom Parker, and Tammie Cage arrived at the meeting at 3:00 p.m.
e) #06 LUA 009 - Pt. NW 18-21-15-W4
Gordon & Allison Gallup (Owner)
Municipal Counsellors (Applicant)
Division 7 (Approx. 3.06 ac)
From A -Agricultural District to DC -Direct Control District
May 30, 2006
The County Planner presented a letter received in opposition to this application
stating several concerns with the proposed development. Darlene Jensen
addressed some of the concerns, noting that work has been done to improve
noise reduction and that some of the temporary structures will be removed.
Some pictures were shown of the property and access. Tammie Cage replied to
Darlene Jensen's comments, saying that the road is not heavily traveled but the
noise issues are still there. Tom Parker indicated that Country Residential
rezoning was advised by the County Planner due to the 3 existing Country
Residential parcels in the area. Darlene Jensen distributed letters of support for
the Gallup Vacuum Service.
Darlene Jensen, Gordon Gallup, Rebecca Gallup, Mark Gallup, Ernest Weins,
Tom Parker, and Tammie Cage left the meeting at 3:45 p.m.
ARRIVED AT MEETING
Alex Currie arrived at the meeting at 3:47 p.m. ~ ~ J
~/
Municipal Planning Commission
Page 19
15. SUBDIVISIONS _._
a) #06 NL 004 - Pt. SW 10-19-14-W4 -
Alex & Linda Currie (Owner/Applicant)
Subdivision of approximately 11.83 hectares (29.23 acres) into 8 CR -
Country Residential Lots
The County Planner distributed a revised lot plan, which now includes a
public utility lot required by the City of Brooks, along with a list of the
proper requirements for a dry fire hydrant.
P-88/06 MOVED BY COUNCILLOR B. MCKELLAR that we recommend to Council
APPROVAL of Subdivision #06 NL 004, for the subdivision of approximately
11.83 hectares (29.23 acres) into 8 CR -Country Residential Lots, subject
to 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 providing a 6-metre or 9.5 metre utility right of way in
favour of utility companies. This will be dependent on whether the
utility right of way is to be shared or solely in favour of ATCO Gas.
4. The applicant entering into a development agreement for the
development of this subdivision as identified under Section 655 of the
Municipal Government Act. The preparation, registration and
discharge of the caveat will be at the cost of the applicant.
5. 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. A caveat may be
placed on the title for this requirement.
6. The applicant providing and receiving approval of construction plans, if
required by the County's Public Works Department. Such plans may
include: storm water management plan, lot grading plan,
infrastructure plan, and drawings depicting ditch and road profiles.
7. The applicant meeting all the requirements of the Eastern Irrigation
District with respect to the conveyance of water as well as easements.
8. The applicant providing a registrable right of way for the Eastern
Irrigation District's canal on the affected lands.
9. The applicant entering into an appropriate water agreement with the
Eastern Irrigation District for surface irrigation.
10. The applicant forming a homeowners association to be responsible for
ongoing maintenance of municipal reserve parcels and public utility
lots within the subdivision area.
11. The applicant supplying and locating a dry water hydrant approved by
the Rural/Brooks Fire Chief.
12. That all outstanding municipal taxes be paid prior to the endorsement.
MOTION CARRIED
j
~• r
May 30, 2006 Municipal Planning Commission Page 20
,.... Alex Currie left the meeting at 3:55 p.m.
14. LAND USE CHANGES (continued
a) #06 LUA 011 - Pt. NE 13-21-16-W4
N. William & Roselynn Easter (Owner/Applicant)
Division 7 (Approx. 4.16 ac)
From A -Agricultural District to CR -Country Residential District
P-89/06 MOVED BY COUNCILLOR H. WUTZKE that we recommend to County
Council to provide first reading to change approximately 1.68 hectares
(4.16 acres) of land in Pt. NE 13-21-16 W4M, from A -Agricultural District
to CR -Country Residential District.
MOTION CARRIED
d) #06 LUA 014 - Pt. SW 29-21-17-W4
Maxine Chizik (Owner/Applicant)
Division 6 (Approx. 66.4 ac)
From A -Agricultural District to RUR -Rural Residential District
r"' P-90/06 MOVED BY COUNCILLOR H. WUTZKE that we recommend to County
Council to provide first reading to change approximately 22.66 hectares
(56.0 acres) of land in SW 29-21-17 W4M from A -Agricultural District
to RUR -Rural Residential District.
MOTION CARRIED
15. SUBDIVISIONS (continued)
b) #06 NL 006 - Pt. SE 31-15-15-W4 -Division 4
S & K Farms (Owner/Applicant)
Subdivision of recently approved 1.74 hectares (4.3 acres) Rural
Residential parcel from agricultural land.
P-91/06 MOVED BY COUNCILLOR I. SCHROEDER that we recommend to Council
APPROVAL of Subdivision #06 NL 006, for the subdivision of a RUR -Rural
Residential parcel of approximately 1.74 hectares (4.3 acres), subject to
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
~ , V,
May 30, 2006 Municipal Planning Commission Page 21
the Eastern Irrigation District and providing a copy of this agreement
to the County prior to endorsement.
5. 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. A caveat may be
placed on the title for this requirement.
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.
MOTION CARRIED
14. LAND USE CHANGES (continued)
e) #06 LUA 009 - Pt. NW 18-21-15-W4
Gordon & Allison Gallup (Owner)
Municipal Counsellors (Applicant)
Division 7 (Approx. 3.06 ac)
From A -Agricultural District to DC -Direct Control District
P-92/06 MOVED BY COUNCILLOR H. WUTZKE that we recommend to County Council
to APPROVE first reading to change approximately 8.19 acres of land in Pt. NW
18-21-15 W4M, from A -Agricultural District to DC -Direct Control District.
MOTION CARRIED --
16. OTHER BUSINESS
a) General Discussion 06-06 Re: Warning Letter/Stop Order (2 cases)
A permit was issued in 2002 allowing a temporary second residence on the
property for 3 years. The permit has now expired, and correspondence sent
to the landowner has not received any response. Councillor Schroeder
indicated that there have been discussions at the Council level regarding
temporary residences, and that this issue was a misunderstanding with the
landowner, who will be sending in a new permit application.
P-93/06 MOVED BY B. MCKELLAR that, if the new application isn't received within
7 days, a warning letter be sent to the applicants of Development Permit
#2304 requesting the required information be provided within 14 days of
receipt of the letter, and that a stop work order be issued if they do not
comply.
MOTION CARRIED
17. POST AGENDA ITEMS
a) Letter from the City of Brooks
Re: Comments on Subdivision Application File No. 2006 SUB 04,
2006 ASP 02, 2006 LUB 04, and Bylaw No. 06/12 _-
Q~~~
May 30, 2006 Municipal Planning Commission Page 22
,,.-.. A letter from the City of Brooks requesting comments on Subdivision
Application File No. 2006 SUB 04 was presented to the Commission. As
well, the Commission reviewed a proposed amendment to Land Use Bylaw
No. 03/30 to rezone the property legally described as NW ~/a 29-18-14-W4M
& SW ~/a 29-18-14-W4M from Commercial - Light Industrial and Heavy
Industrial to Commercial Light Industrial. The Commission has no concerns
with this application. Planning has no concerns with this application, and
Agricultural Services and Public Works have until June 12th to reply.
19. QUESTION PERIOD
None
20. INFORMATION ITEMS
a) Irrigation Water Requirements for Residential Subdivisions
The Commission discussed irrigation water requirements for residential
subdivisions. This item will be brought back to the next MPC meeting for
discussion as to what the utility requirements are and what the developer
should be responsible for.
~ 21. AD70URN
P-94/06 MOVED BY COUNCILLOR I. SCHROEDER that the meeting adjourn at
4:28 p.m.
MOTION CARRIED
CHAIRM
~~
ADMINISTRATOR
May 30, 2006 Municipal Planning Commission Page 23