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Home My WebLink About2007-05-29 Municipal Planning Commission (Regular) MinutesCOUNTY OF NEWELL NO. 4 MUNICIPAL PLANNING COMMISSION MEETING MAY 29, 2007 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 29, 2007 commencing at 10:00 a.m. MEMBERS PRESENT: C. Vermeeren, Chairman I. Schroeder, Councillor H. Wutzke, Councillor B. McKellar, Member S. Swenson, Member STAFF: R. Roycroft, Development Control Officer Lenze Kuiper, Director of Oldman River Regional Services Commission N. Moriyama, Chief Administrative Officer C. ]akobsen, Administrative Sectary OTHERS IN ATTENDANCE: G. Stephenson, Interim Planner - ORRSC ,, Mark Porter - DP #3061 Tim Anderson - DP #3075 Tara Steell, Dillon Consulting - Bassano, Duchess, Rosemary, Tilley Urban Referral Area (URA) Area Structure Plans 1. CALL TO ORDER The Chairman called the meeting to order at 10:00 a.m. 2. EXCUSED FROM MEETING All members were present. 3. MINUTES a) April 24, 2007 The Commission made the following changes to the minutes: Page 10 -Item 19 -spelling correction of separation P-63/07 MOVED BY COUNCILLOR WUTZKE that the minutes of the April 24, 2007 Municipal Planning Commission meeting be adopted as amended. .~- MOTION CARRIED c, ~/ , 4. CALL FOR POST AGENDA ITEMS The Chairman called for post agenda items. P-64/07 5. ADOPTION OF AGENDA MOVED BY COUNCILLOR SCHROEDER that the agenda be adopted as amended. MOTION CARRIED 6. BUSINESS FROM MINUTES a) Permit #2818 - Pt. SW 5-18-14-W4M Elizabeth Redelback, Janet Mapes, Ron Redelback (Owners) Ron Redelback (Applicant) Legalize Existing Development -Creation of 14 Additional Lots There is no further information on this item. The Development Control Officer was directed to contact the representative for the applicant for an update on this permit. b) #2007-0-077 - Pt. NE 7-19-14-W4M Darrell & Kathleen Smith (Owner/Applicant) Create one industrial lot There is no further information on this item. Lenze Kuiper informed the Commission that they are waiting for further information from Alberta Infrastructure and Transportation. c) Letter from Bell Law Office The Development Control Officer informed the Commission that this issue will be brought forward when County Council looks at the Land Use Bylaw and Fee Schedule. The Development Control Officer was directed to respond to Mr. Bell's letter. 7. COUNCIL & S.D.A.B. REPORT The Chairman provided this report to the Commission. The Chairman indicated that a proposed Oldman River Regional Services Commission Work Plan for the County of Newell has been presented to Council and adopted. Copies of the Work Plan will be copied for the MPC members at large. U~v' May 29, 2007 Municipal Planning Commission Page 2 .- 8. DEVELOPMENT REPORT -APRIL 18 -MAY 22, 2007 The Development Control Officer presented the Development Report for April 18 to May 22, 2007. P-65/07 MOVED BY B. MCKELLAR that the Development Report be accepted. MOTION CARRIED 9. CORRESPONDENCE There was no correspondence to be presented at this meeting. 10. LAND USE CHANGES There were no new Land Use Amendments to review. Arrived at meeting Mark Porter, Eastern Irrigation District, arrived at 10:15 a.m. ,,..+ 14. DEVELOPMENT PERMITS b) Permit #3061 -Plan 0312846 Block 3 Lot 2 (Pt. NW 34-19-14-W4M) - Division 10 Ernest & Donna Flook (Owner) /Eastern Irrigation District (Applicant) Construct a public utility (EIDnet Tower) in a CR District The Development Control Officer provided background information for this permit. Mark Porter indicated that the center point of the tower is 100 feet from the house to the East. P-66/07 MOVED BY COUNCILLOR SCHROEDER that the Municipal Planning Commission APPROVE Development Permit #3061 and grant a development permit for the construction a 30.48 m (100 ft) tall EIDnet Tower, where the following are required prior to commencement of construction, final approval and issuance of this permit: a) 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 construction a 30.48 m (100 ft) tall EIDnet Tower g on land described as Lot 2 Block 3 Plan 0312846 (Pt. NW 34-19-14-W4M). 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. ~.v, May 29, 2007 Municipal Planning Commission Page 3 b. the provisions of Section 83 of Land Use Bylaw #1443-03, and amendments thereto, pertaining to the CR -Country Residential District. ~~ c. the Alberta Building Code where applicable. d. any concerns put forth by the County Of Newell Public Works Department. e. any concerns put forth by the Eastern Irrigation District. f. any concerns put forth by Fortis Alberta. g. any concerns put forth by Atco Gas. h. any concerns put forth by Telus. 3) The developer ensuring: a. the following setbacks are maintained for this development: Front (West) Side Rear 7.5 m 3.0 m 7.5 m 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. site is graded so that storm water does not drain onto adjoining properties. d. the property is not used for conducting a business or commercial operation without first obtaining the required permits. e. there is proper and legal access provided to the property. f. the 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. all outdoor garbage containers are stored in weatherproof and animal-proof containers and are covered and screened from the public roadways. j. no contamination of soil, surface water or groundwater from this use. k. The developer ensuring that all free standing towers shall be designed to prevent climbing or sliding down and their base and stabilizing lines shall be separately fenced. I. The developer ensuring that the use of any portion of a tower or antenna for signs, other than to provide a warning of equipment information, is not permitted. m. The developer ensuring that the tower is lighted with strobe lighting acceptable to Transport Canada regulations to ensure high visibility to low flying aircraft for day and nighttime operations. n. The developer ensuring that, if the telecommunications facility or antenna equipment becomes obsolete, it is removed and the development site reclaimed. All this work shall be done within six months of the towers removal. MOTION CARRIED ~.~~. Mark left the meeting at 10:23 a.m. - May 29, 2007 Municipal Planning Commission Page 4 Arrived at Meeting Tim Anderson arrived at 10:24 a.m. f) Permit #3075 -Plan 9811171 Block 1 Lot 1 (Pt. NE 31-15-13-W4M) - Division 1 Oasis Trailer Manufacturing Ltd. (Owner) / Aron Giesbrecht (Applicant) 2"d dwelling as accessory use in Highway Commercial District The Development Control Officer provided background information for this permit. Tim Anderson indicated that if the Commission approves this permit, what arguments will they have to not approve further development. The Development Control Officer indicated that there is currently one building on the property for residence and a second building used for security and office. This application is for a second residential dwelling. P-67/07 MOVED BY S. SWENSON that the Municipal Planning Commission REFUSE Development Permit #3075. P-68/07 MOVED BY COUNCILLOR WUTZKE that Development Permit #3075 be tabled. MOTION CARRIED The Development Control Officer was directed to get in contact with the applicant and discuss what future development plans he has for the property. Tim Anderson left the meeting at 10:49 a.m. Arrived at Meeting Tara Steell, Dillon Consulting, arrived at 10:50 a.m. 13. STATUTORY PLANS -NEW & AMENDMENTS Tara Steell presented a PowerPoint presentation for the Municipal Planning Commission that included the history of the project, purpose of Urban Referral Areas, Public Consultation, and a draft plan for each Urban Referral Area. Questions and comments from the Municipal Planning Commission were made throughout the presentation. ,--- May 29, 2007 Municipal Planning Commission Page 5 a) Bassano Urban Referral Area (URA) Area Structure Plan _ T. Steell presented a new page 42 to the Commission, and reviewed the Land Use zoning for the Bassano Urban Referral Area Area Structure Plan. b) Duchess Urban Referral Area (URA) Area Structure Plan T. Steell reviewed the Land Use zoning for the Duchess Urban Referral Area Area Structure Plan, and was directed to review the location of the Confined Feeding Operation for potential corrections. c) Rosemary Urban Referral Area (URA) Area Structure Plan T. Steell reviewed the Land Use zoning for the Rosemary Urban Referral Area Area Structure Plan. d) Tilley Urban Referral Area (URA) Area Structure Plan T. Steell presented a new page 40 to the Commission, and reviewed the Land Use zoning for the Tilley Urban Referral Area Area Structure Plan. A discussion followed on the potential annexation within the Village of Tilley. T. Steell was directed to re-circulate the section on hydrology to the Eastern Irrigation District, and to look into the residential zoning around a sewer lagoon. Tara Steell was directed to make any changes that were brought forward from the Commission, and to submit the final version of the four Urban Referral Area Area Structure Plans to the County. Tara Steell left the meeting at 11:55 a.m. LUNCH The Committee RECESSED for lunch at 11:55 a.m. and RECONVENED at 12:56 p.m. 13. STATUTORY PLANS -NEW & AMENDMENTS -Continued A discussion followed on the four Urban Referral Area Area Structure Plans. Administration will bring the four Urban Referral Area Area Structure Plans forward to Council as an Area Structure Plan or a Concept Plan once the Oldman River Regional Services Commission Work Plan has been completed. _ c _v~ May 29, 2007 Municipal Planning Commission Page 6 r- 11. SUBDIVISIONS a) #2007-0-186 - NE 6-20-14-W4M Rock Lake Dairy Ltd. (Owner) /Brian de Jong (Applicant) Subdivision of a previously unsubdivided quarter section L. Kuiper, Director of Oldman River Regional Services Commission, provided background information for this subdivision. P-69/07 MOVED BY COUNCILLOR SCHROEDER that the Municipal Planning Commission recommend to County Council APPROVAL of Subdivision #2007-0-186, subject to the following conditions: 1. Any outstanding property taxes shall be paid to the County of Newell. 2. The applicant or owner or both enter into a Development Agreement. 3. Consideration of adjacent landowners and referral agencies comments. 4. Provision of a surveyors sketch. MOTION CARRIED 12. AGRICULTURAL SUPPORT SERVICE PERMITS There were no new Agricultural Support Service Permits to review. 14. DEVELOPMENT PERMITS -Continued a) Permit #3060 -Plan 9910983 Block 1 Lot 2 (Pt. NE 36-20-15-W4M) - Division 8 Shane & Cindy Grove (Owner/Applicant) Variance to wall height and overall height of an accessory building The Development Control Officer provided background information for this permit. The Development Control Officer was directed to emphasis in the approval letter that the shop is not to be built on the utility right of way. P-70/07 MOVED BY COUNCILLOR WUTZKE that the Municipal Planning Commission APPROVE Development Permit #3060 and grant a development permit for the construction a 162.6 mZ (1,750 ft2) accessory building and a variance of 1.29 m (4.2 ft) to the wall height and 0.76 m (2.5 ft) to the overall height of the building, 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. ~, May 29, 2007 Municipal Planning Commission Page 7 and subject to the following conditions: _ 1) This permit is being granted only for the construction a 162.6 mZ (1,750 ftz) accessory building and a variance of 1.29 m (4.2 ft) to the wall height and 0.76 m (2.5 ft) to the overall height of the building on land described as Lot 2 Block 1 Plan 9910983 (Pt. NE 36-20-15-W4M). 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 83 of Land Use Bylaw #1443-03, and amendments thereto, pertaining to the CR -Country Residential District. c. the Alberta Building Code where applicable. d. any concerns put forth by the County Of Newell Public Works Department. e. any concerns put forth by the Eastern Irrigation District. f. any concerns put forth by Fortis Alberta. g. any concerns put forth by Atco Gas. h. any concerns put forth by Telus. 3) The developer ensuring: a. the following setbacks are maintained for this development: Front (West) Side Rear 7.5 m 3.0 m 7.5 m 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. site is graded so that storm water does not drain onto adjoining properties. d. the property is not used for conducting a business or commercial operation without first obtaining the required permits. e. there is proper and legal access provided to the property. f. the 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. all outdoor garbage containers are stored in weatherproof and animal-proof containers and are covered and screened from the public roadways. j. no contamination of soil, surface water or groundwater from this use. MOTION CARRIED c) Permit #3065 -Plan 9612160 Block 1 (Pt. SE 1-20-15-W4M) - Division 8 Steve & Debbie Kowal (Owner/Applicant) Construct an addition to a dwelling in an Agricultural District r `i . May 29, 2007 Municipal Planning Commission Page 8 .- The Development Control Officer provided background information for this permit. P-71/07 MOVED BY B. MCKELLAR that the Municipal Planning Commission APPROVE Development Permit #3065 and grant a development permit for the construction a 67.1 mZ (722 ft2) deck and porch, 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. and subject to the following conditions: 1) This permit is being granted only for the construction a 67.1 m2 (722 ftz) deck and porch on land described as Block 1 Plan 9612160 (Pt. SE 1-20- 15-W4M). 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. c. the Alberta Building Code where applicable. d. any concerns put forth by the County Of Newell Public Works Department. e. any concerns put forth by the Eastern Irrigation District. ,... f. any concerns put forth by Atco Gas. 3) The developer ensuring: a. the following setbacks are maintained for this development: Front (East) Side Rear 30.Om 3.Om 3.Om 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. site is graded so that storm water does not drain onto adjoining properties. d. the property is not used for conducting a business or commercial operation without first obtaining the required permits. e. there is proper and legal access provided to the property. f. the 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. all outdoor garbage containers are stored in weatherproof and animal-proof containers and are covered and screened from the public roadways. j. no contamination of soil, surface water or groundwater from this use. ,,.., MOTION CARRIED ~ . ~ t. May 29, 2007 Municipal Planning Commission Page 9 d) Permit #3070 - Pt. NW 15-22-19-W4M -Division 6 Fairville Hutterian Brethren (Owner) /George Waldner (Applicant) Dwelling units per parcel temporary mobile home The Development Control Officer provided background information for this permit. P-72/07 MOVED BY S. SWENSON that the Municipal Planning Commission APPROVE Development Permit #3070 and grant a variance to Section 55 of Land Use Bylaw #1443-03 to permit the second dwelling, being a new model manufactured home, on the property, 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. and subject to the following: 1) This permit is being granted only for the installation of a 113 mz (1,216 ftz) new model mobile home on lands described as Pt. NW 15-22-19- W4M. 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. c. the Alberta Building Code where applicable. d. any concerns put forth by the County Of Newell Public Works Department. e. any concerns put forth by Pioneer Gas Co-op. f. any concerns put forth by Encana. 3) The developer ensuring: a. the following setbacks are maintained for this development: Front (West) Side Flankage Rear 30.Om 3.Om 30.Om 3.Om 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. site is graded so that storm water does not drain onto adjoining properties. d. the property is not used for conducting a business or commercial operation. e. adequate supply of water is provided for potable use. f. there is proper and legal access provided to the property. g. the property is maintained to the satisfaction of the Development Officer. h. 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. ~_~'. May 29, 2007 Municipal Planning Commission Page 10 .- j. all outdoor garbage containers are stored in weatherproof and animal-proof containers and are covered and screened from the public roadways. k. no contamination of soil, surface water or groundwater from this use. MOTION CARRIED e) Permit #3072 - SE 16-14-13-W4M -Division 1 Joseph & Gertrude Albers (Owner/Applicant) Addition to dwelling in Agricultural District The Development Control Officer provided background information for this permit. P-73/07 MOVED BY COUNCILLOR SCHROEDER that the Municipal Planning Commission APPROVE Development Permit #3072 and grant a development permit for the construction of a 43.47 m2 (468 ft2) attached garage, 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. and subject to the following conditions: ~... 1) This permit is being granted only for the construction of a 43.47 mz (468 ftz) attached garage on land described as SE 16-14-13-W4M. 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. c. the Alberta Building Code where applicable. d. any concerns put forth by the County Of Newell Public Works Department. e. any concerns put forth by the Eastern Irrigation District. f. any concerns put forth by Tirol Gas Co-op. 3) The developer ensuring: a. the following setbacks are maintained for this development: Front Side Rear 30.Om 3.Om 3.Om 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. site is graded so that storm water does not drain onto adjoining properties. d. the property is not used for conducting a business or commercial operation without first obtaining the required permits. e. there is proper and legal access provided to the property. ~ , v~ May 29, 2007 Municipal Planning Commission Page 11 f. the 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. all outdoor garbage containers are stored in weatherproof and animal-proof containers and are covered and screened from the public roadways. j. no contamination of soil, surface water or groundwater from this use. MOTION CARRIED g) Permit #3076 -Plan 1217 BA Block 7 Lot 17 - 19 (Hamlet of Patricia) - Division 3 Doug Rogers (Owner/Applicant) Variance Request -Oversize garage and variance to rear setback The Development Control Officer provided background information for this permit. P-74/07 MOVED BY COUNCILLOR WUTZKE that the Municipal Planning Commission APPROVE Development Permit #3076 and grant a permit for the construction of a 111 m2 (1,200 ft2) accessory building variance of 43.5 mZ (468 ft2) to the maximum accessory building size and 2.4 m (8 ft) to the rear setback, 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) County Of Newell No. 4 Public Works Dept to inspect drainage plans during and after construction to ensure that the site is graded so that storm water does not drain onto adjoining properties. and subject to the following conditions: 1) This permit is being granted only for the construction of a 111 mZ (1,200 ft2) accessory building variance of 43.5 mZ (468 ft2) to the maximum accessory building size and 2.4 m (8 ft} to the rear setback on lands described as Lots 17-19 Block 7 Plan 1217 BA. 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 85 of Land Use Bylaw #1443-03, and amendments thereto, pertaining to the HSF -Hamlet Single-Family District. c. the Alberta Building Code where applicable. d. any concerns put forth by the County Of Newell Public Works Department. e. any concerns put forth by Atco Gas. f. any concerns put forth by the Patricia Advisory Committee. -- 3) The developer ensuring: ~.~ May 29, 2007 Municipal Planning Commission Page 12 ~-- a. the following setbacks are maintained for this development: Front (West) Side Rear 7.5 m 1.5 m 3.Om 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. site is graded so that storm water does not drain onto adjoining properties. d. the property is not used for conducting a business or commercial operation. e. adequate supply of water is provided for potable use. f. there is proper and legal access provided to the property. g. the property is maintained to the satisfaction of the Development Officer. h. 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. j. all outdoor garbage containers are stored in weatherproof and animal-proof containers and are covered and screened from the public roadways. k. no contamination of soil, surface water or groundwater from this use. MOTION CARRIED 15. HOME OCCUPATION/HOME INDUSTRY PERMITS There were no new Home Occupation/Home Industry Permits to review. 16. OTHER BUSINESS a) Proposed Annexation The Chief Administrative Officer informed the Commission of a potential application to annex property owned by PetroCan, Dyck and ]uss. This item was presented as information. b) Update on Development Permit #2858 The Development Control Officer informed the Commission that Development Permit #2858 now has a road use agreement signed for dust control and maintenance. A discussion followed on the items within the agreement. C, ~, May 29, 2007 Municipal Planning Commission Page 13 17. POST AGENDA a) Pipeline Issues The Chairman presented a map on pipelines from EUB to the Commission. A discussion followed on establishing pipeline corridors. The Chairman and Planner will look into this item further. Councillor Schroeder will also bring this item up at the next AAMDC meeting. 18. IN CAMERA ITEMS There were no in camera items. 19. QUESTION PERIOD None 20. INFORMATION ITEMS None 21. AD7OURN P-75/07 MOVED BY S. SWENSON that the meeting adjourn at 2:15 p.m. ~- MOTION CARRIED CHA M .~.. A MINISTRATOR May 29, 2007 Municipal Planning Commission Page 14