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HomeMy WebLinkAbout2007-06-26 Municipal Planning Commission (Regular) Minutes,^ COUNTY OF NEWELL NO. 4 MUNICIPAL PLANNING COMMISSION MEETING JUNE 26, 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, June 26, 2007 commencing at 10:20 a.m. MEMBERS PRESENT: C. Vermeeren, Chairman W. Daniels, Councillor I. Schroeder, Councillor A.M. Philipsen, Councillor M. Nesbitt, Councillor A. Eastman, Councillor A. Eckert, Councillor M. Douglass, Councillor H. Wutzke, Councillor B. McKellar, Member S. Swenson, Member ABSENT: S. Evans, Councillor STAFF: R. Roycroft, Development Control Officer ''~ D. Horvath, Planner - ORRSC N. Moriyama, Chief Administrative Officer C. Jakobsen, Administrative Secretary D. Sutter, Administrative Secretary OTHERS IN ATTENDANCE: Aron Giesbrecht, DP 3075 1. CALL TO ORDER The Chairman called the meeting to order at 10:20 a.m. 2. EXCUSED FROM MEETING P-76/07 MOVED BY COUNCILLOR M. NESBITT that Councillor Evans be excused from the meeting. MOTION CARRIED Councillor A. Eastman arrived at 10:23 a.m. ,-' ~° 3. MINUTES ,~-- a) May 29, 2007 P-77/07 MOVED BY COUNCILLOR I. SCHROEDER that the minutes of the May 29, 2007 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-78/07 MOVED BY COUNCILLOR M. DOUGLASS that the agenda be adopted as amended. MOTION CARRIED Arrived at Meeting Mr. Giesbrecht arrived at 10:27 a.m. 6. BUSINESS FROM MINUTES c) 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. The Chairman informed the Commission that an adjacent property owner spoke at the last Municipal Planning Commission meeting regarding his concerns. A concern was raised regarding enough water for fire suppression use. Mr. Giesbrecht informed the Commission that a dugout is located on the property and that he has a permit from the Eastern Irrigation District for the use of the dugout water. P-79/07 MOVED BY COUNCILLOR H. WUTZKE that the Municipal Planning Commission APPROVE Development Permit # 3075 and grant a 3 year temporary development permit for the installation of a 180.2 m2 (1,940 ftz) 1976 model Mobile Home, 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. ~~~ June 26, 2007 Municipal Planning Commission Page 2 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. a) The developer entering into an agreement with Alberta Infrastructure and Transportation for the installation and/or upgrade of any required road approaches to the parcel. d) The developer proving the Development Officer with evidence demonstrating that a water supply, for fire protection, has been provided in proximity to the property that is to the satisfaction of the Rolling Hills Fire Department. and subject to the following conditions: 1) This permit is being granted only for the installation of a 180.2 mz (1,940 ft2) 1976 model Mobile Home on land described as Lot 1, Block 1, Plan 9811171 (Pt. NE-31-15-13-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 94 of Land Use Bylaw #1443-03, and amendments thereto, pertaining to the HWY C -Highway Commercial 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 (Highway) Side Rear 30.Om 3.Om 7.5m 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. r-- MOTION CARRIED c . ~~ June 26, 2007 Municipal Planning Commission Page 3 Mr. Giesbrecht left the meeting at 10:44 a.m. ,-- 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 The Development Control Officer indicated that Mr. Strom has requested an extension and will have an update for the July 31 MPC. 7. COUNCIL & S.D.A.B. REPORT The Chairman provided this report to the Commission and informed the members at large that the new Subdivision and Development Appeal Board will consist of 5 lay members. 8. DEVELOPMENT REPORT -MAY 23 -TUNE 18. 2007 P-80/07 MOVED BY COUNCILLOR I. SCHROEDER that the Development Report be accepted. MOTION CARRIED ,~.. 9. CORRESPONDENCE a) Letter from the City of Brooks RE: 2007 MDP O1, 2007 LUB 02, 2007 ASP O1, Outline Plan A letter from the City of Brooks regarding amendments to the Municipal Development Plan, Land Use Bylaw and Southeast Sector Area Structure Plan was presented to the Commission. The Development Control Officer was directed to write a letter of response indicating that the Commission has no concerns. 10. LAND USE CHANGES There were no new Land Use Amendments to review. 11. SUBDIVISIONS a) #2007-0-200 -Plan 7811334 Block C (SE 6-19-14-W4M) -Division 10 Cecil & Christine Blair (Owner/Applicant) To create a 1.85 acre Country Residential parcel The County Planner provided background information for this permit. A discussion followed on the road allowance and entrance. The County ~-' Planner was directed to request a surveyor's sketch from the applicant. ,'~ ~, V, June 26, 2007 Municipal Planning Commission Page 4 ~' P-81/07 MOVED BY I. SCHROEDER that this subdivision be tabled. MOTION CARRIED b) #2007-0-234 - SE 25-20-14-W4M -Division 8 Eldon and Doreen Ropp (Owner/Applicant) To create a 6.56 acre Country Residential parcel The County Planner provided background information for this permit. P-82/07 MOVED BY W. DANIELS that the Municipal Planning Commission APPROVE Subdivision #2007-0-234, subject to the following conditions: 1. That all outstanding property taxes shall be paid to the County of Newell. 2. That the applicant or owner or both enter into a Development Agreement with the County of Newell which shall be registered concurrently with the final plan against the title(s) being created. 3. That the easement(s) as required by FortisAlberta shall be established prior to finalization of the application. 4. That the applicant submit to the Subdivision Authority a copy of a tentative subdivision sketch from an Alberta Land Surveyor that certifies the location of the existing building and the exact dimension of the lots to be subdivided. 5. That any conditions of Alberta Transportation shall be established prior to finalization of the application. `~ 6. The 10% reserve requirement, pursuant to Sections 666 and 667 of the Municipal Government Act, be provided as money in place of land on the 6.56 acres at the market value with the actual acreage and amount to be paid to the County of Newell to be determined at the final stage, for Municipal Reserve Purposes. 7. The 10% reserve requirement, pursuant to Sections 669(2) and (3) of the Municipal Government Act, on the 13.06 acre residual parcel be deferred by caveat for Municipal Reserve purposes. MOTION CARRIED c) #2007-0-235 - Pt. SE 13-15-14-W4M -Division 1 Mike and Anne Van Dyk (Owner) / Infomarket Group GMAC Real Estate (Applicant) To create a 4.97 acre Rural Residential parcel The County Planner provided background information for this permit. P-83/07 MOVED BY A. PHILIPSEN that the Municipal Planning Commission APPROVE Subdivision #2007-0-235, subject to the following conditions: 1. That all outstanding property taxes shall be paid to the County of Newell. 2. That the applicant or owner or both enter into a Development Agreement with the County of Newell which shall be registered concurrently with the final plan against the title(s) being created. ~" 3. That the applicant contact Alberta Infrastructure and Transportation to arrange for the removal of one existing access to the parcel being ~~ June 26, 2007 Municipal Planning Commission Page 5 created and that the applicant submit a letter from or agreement with Alberta Infrastructure and Transportation to the Subdivision Authority prior to finalization of the application. d) #2007-0-077 - Pt. NE 7-19-14-W4M Darrell & Kathleen Smith (Owner/Applicant) Create one industrial lot MOTION CARRIED The County Planner provided background information for this permit. P-84/07 MOVED BY COUNCILLOR I. SCHROEDER that the Municipal Planning Commission APPROVE Subdivision #2007-0-077, subject to the following conditions: 1. That all outstanding property taxes shall be paid to the County of Newell. 2. That the applicant or owner or both enter into a Development Agreement with the County of Newell which shall be registered concurrently with the final plan against the title(s) being created. 3. That an erosion prevention plan be submitted and deemed acceptable by the County of Newell No. 4 4. The 10% reserve requirement, pursuant to Sections 666 and 667 of the Municipal Government Act, be provided as money in place of land on the 8.2 acres at the market value of $ 9,500.00 per acre with the actual acreage and amount to be paid to the County of Newell No. 4 be determined at the final stage, for municipal reserve purposes. ,~-- MOTION CARRIED 16. OTHER BUSINESS a) Annexation Discussion The Administrator indicated that this issue was brought up at the last Joint Services meeting. Administration was directed to bring this item to the next Council Workshop meeting. b) Draft Land Use Bylaw The County Planner presented a draft Land Use Bylaw to the Commission and highlighted changes that were made to section one. Councillor M. Douglass excused herself from the meeting at 11:50 a.m. UL NCH The Committee RECESSED for lunch at 11:51 a.m. and RECONVENED at 1:03 p.m. ~-- ~ t/ June 26, 2007 Municipal Planning Commission Page 6 ,..., 14. DEVELOPMENT PERMITS S. Swenson declared an interest and left the meeting at 1:05 p.m. Arrived at Meeting Shelley Swenson arrived at 1:06 p.m. a) Permit #3080 -Plan 9912113 Block 1 (Pt. NW 34-16-16-W4M) - Division 4 Paula and Kyle Freimuth (Owner/Applicant) Variance Request -Dwelling units per parcel new temporary mobile home The Development Control Officer provided background information for this permit. Ms. Swenson opposed the permit application because of the high water table and non-agricultural use. Councilllor W. Daniels left the meeting at 1:13 p.m. P-85/07 MOVED BY COUNCILLOR H. WUTZKE that the Municipal Planning Commission APPROVE Development Permit # 3080 and grant a temporary variance to Section 55 of Land Use Bylaw #1443-03 to permit the second dwelling, being a 1995 model manufactured home, on the property for a ,~- time period of three years from the date of approval, 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. c) 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 temporary installation of a 1995 model mobile home on lands described as Block 1, Plan 991 2113 Ptn. NW-34-16-16-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 Alberta Infrastructure and Transportation ' ~ ~ V ,. June 26, 2007 Municipal Planning Commission Page 7 f. any concerns put forth by the Eastern Irrigation District. g. Any concerns put forth by the various oil & gas companies. 3) The developer ensuring: a. the following setbacks are maintained for this development: Front Flankage Side Rear 30.Om 30.Om 3.Om 3.Om b. the proposed accessory 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. .-~ I. That the owner remove the mobile home within three years of the date of final approval or re-apply for new temporary development permit for the second dwelling unit on his property. MOTION DEFEATED Shelly Swenson left the meeting at 1:14 p.m. S. Swenson re-entered meeting at 1:15 p.m. b) Permit #3083 -Plan 7610053 Lot 18 (Pt. SE 30-19-14-W4M), Brooks Airport- Division 10 City of Brooks (Owner) / Struan Vaughan (Applicant) Construct an airplane hanger The Development Control Officer provided background information for this permit. P-86/07 MOVED BY COUNCILLOR I. SCHROEDER that the Municipal Planning Commission APPROVE Development Permit # 3083 and grant a 1.8 m variance to the rear (north) setback and a 1.2 m variance to the east 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. ~,~~ June 26, 2007 Municipal Planning Commission Page 8 ,,` b) That the applicant present a copy of his lease to the Development Officer in order to demonstrate that he has permission from the owner to construct a facility on the property. 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 construction of a 390 mz (4,200 ft2) airplane hangar on land described as Plan Lot 21, Block 2, Plan 041 1757. 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 74 of Land Use Bylaw #1443-03, and amendments thereto, pertaining to the Development Near Established Airports. c. the provisions of Section 99 of Land Use Bylaw #1443-03, and amendments thereto, pertaining to the PS -Public Service District. d. the Alberta Building Code where applicable. e. any concerns put forth by the County Of Newell Public Works Department. f. any concerns put forth by the Brooks Airport Commission g. any concerns put forth by the Eastern Irrigation District. h. Any concerns put forth by NavCanada '"~ i. Any concerns put forth by Transport Canada 3) The developer ensuring: a. the following setbacks are maintained for this development: Front (North) Side Rear *3.Om 1.80m 1.2m * Minimum yard distances from subdivision streets or service roads. Setbacks from local roads shall be in compliance with those in the General Land Use Regulations (Section 73). 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. ~ C i V,, June 26, 2007 Municipal Planning Commission Page 9 ,_._ k. no contamination of soil, surface water or groundwater from this use. MOTION CARRIED c) Permit #3085 -Plan 0212290 Block 1 Lot 1 (Pt. SW 25-18-15-W4M) - Division 5 Boomers Services Ltd. (Owner) /Marshall & Kathy Bandura (Applicant) Two additions to an existing structure The Development Control Officer provided background information for this permit. P-87/07 MOVED BY COUNCILLOR M. NESBITT that the Municipal Planning Commission APPROVE Development Permit # 3085 and grant a permit for the construction of 427 m2 (4600 ft2) of additions to the existing 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. and subject to the following conditions: 1) This permit is being granted only for the construction of a 111 m2 (1200 ft2) accessory building variance of 43.5m2 (468ft2) to the maximum accessory building size and 2.4m (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 County of Newell No. 4 Bylaw No. 1363-01, pertaining to the Direct Control District of the above noted parcel. 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 3) The developer ensuring: a. the following setbacks are maintained for this development: Front (South) Side Rear 40.Om 3.Om 7.5m 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. adequate supply of water is provided for potable use. 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. ~ , U, June 26, 2007 Municipal Planning Commission Page 10 h. continuous clean up of construction debris tracked onto the public r" roadway where access is provided to the property. i. atl 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 d) Permit #3086 - NW 6-17-13-W4M -Division 2 John and Amy Buday (Owner) /Michelle Buday (Applicant) Dwelling unit in an Agricultural District The Development Control Officer provided background information for this permit. P-88J07 MOVED BY COUNCILLOR A. EASTMAN that the Municipal Planning Commission APPROVE Development Permit # 3086 and grant approval for the installation of a 1979 model mobile home, 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 EID has requested that the applicant construct a new access to the property and refrain from using their canal for access. Therefore, The developer must enter 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 installation of a 1979 model mobile home on lands described as NW-6-17-13-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. 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 Alberta Infrastructure and Transportation f. any concerns put forth by the Eastern Irrigation District. ~^- g. Any concerns put forth by the various oil & gas companies. 3) The developer ensuring: June Z6, Z007 Municipal Planning Commission Page 11 ,~ a. the following setbacks are maintained for this development: Front (West) Side Rear 30.Om 3.Om 3.Om b. the proposed accessory 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 Home Occupation/Home Industry permits to review. 17. POST AGENDA a) Issue at Martin Industrial Park - C. VERMEEREN The Chairman informed the Commission that the approach off the Silver Sage Road in the Martin Industrial Park is being used again. Councillor M. Nesbitt indicated that arrangements have been made with the Technical Manager to have this approach removed shortly. The Development Control Officer was directed to conduct a Site Inspection within two weeks for this approach. 18. IN CAMERA ITEMS There were no in camera items. C.V- June 26, 2007 Municipal Planning Commission Page 12 16. OTHER BUSINESS -CONTINUED b) Draft Land Use Bylaw The County Planner continued presenting the changes to the draft Land Use Bylaw. The Commission noted the following changes: Page 61 -remove item 1(h) A better definition of "similar use" is needed A definition of "family members" is needed A schedule for wind generators be added Airport regulations be looked into Arrived at Meeting John Dell, County Assessor, arrived at 2:11 p.m. A discussion followed on the difference between taxes in the Agricultural Industrial District and the Light Industrial District. The County Assessor clarified that the County taxes are based on the use of the property and not by the classification of the property. John Dell left the meeting at 2:15 p.m. The following dates were set for the draft Land Use Bylaw: - Comments from Council be submitted by July 13tH .-- - Comments and concerns will be brought back to the July 31St MPC meeting. - First reading by Council on August Stn - Open houses, in Tilley and Bassano, tentatively set for August 21St and 22"d at 7:00 p.m. - Open House comments bring to the August 28tH MPC - 2"d and 3~d readings at September 6tH Council Meeting Administration was directed to book the halls in Bassano and Tilley for the Open Houses, and to complete advertising in the local papers. 12. AGRICULTURAL SUPPORT SERVICE PERMITS There were no new Agricultural Support Service Permits to review. 13. STATUTORY PLANS -NEW & AMENDMENTS There were no new Statutory Plans to review. ..-- 19. QUESTION PERIOD ` V None June 26, 2007 Municipal Planning Commission Page 13 ,,.., 20. INFORMATION ITEMS None 21. ADJOURN P-89/07 MOVED BY COUNCILLOR M. NESBITT that the meeting adjourn at 2:37 p.m. MOTION CARRIED ~~ CHAIRM DMINISTRATOR r June 26, 2007 Municipal Planning Commission Page 14