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HomeMy WebLinkAbout2007-09-25 Municipal Planning Commission (Regular) MinutesCOUNTY OF NEWELL NO. 4 MUNICIPAL PLANNING COMMISSION MEETING September 25, 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, September 25, 2007 commencing at 10:00 a.m. MEMBERS PRESENT: W. Daniels, Councillor M. Nesbitt, Councillor S. Evans, Councillor A. Eastman, Councillor A. Eckert, Councillor M. Douglass, Councillor H. Wutzke, Councillor B. McKellar, Member S. Swenson, Member STAFF: R. Roycroft, Development Control Officer D. Horvath, Planner - ORRSC N. Moriyama, Chief Administrative Officer D. Sutter, Administrative Secretary K. Stephenson, Staff OTHERS IN ATTENDANCE: In the absence of Councillor Vermeeren, Reeve Douglass was selected as chairman for the meeting. 1. CALL TO ORDER The Chairman called the meeting to order at 10:01 a.m. 2. EXCUSED FROM MEETING P-127/07 MOVED BY COUNCILOR S. EVANS that Councillor C. Vermeeren, Councillor A.M. Philipsen and Councillor I. Schroeder be excused from the meeting. MOTION CARRIED 3. MINUTES a) August 28. 2007 There was one change noted in the minutes: On P. 3, Motion P-110/07 in condition #4 "with" should be changed to "which" ~,~0 P-128/07 MOVED BY COUNCILLOR H. WUTZKE that the minutes of the August 28, 2007 Municipal Planning Commission meeting be adopted as amended. MOTION CARRIED 4. 5. P-129/07 CALL FOR POST AGENDA ITEMS The Chairman called for post agenda items. ADOPTION OF AGENDA MOVED BY COUNCILLOR A. EASTMAN 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 The Development Control Officer informed the Board that the County Planner, Darrell Prokopishin with the Palliser Health Authority and the Development Control Officer will be informing the applicant of exactly what needs to be presented to MPC. The applicant will not be given a deadline, but will start to be pressured in order to get this item moving. 7. COUNCIL & S.D.A.B. REPORT There was no report this month. 9. CORRESPONDENCE There was no correspondence to be presented at this meeting. 10. SUBDIVISIONS a) #2007-0-340 - E ~/2 28-15-15-W4M S & K Farms Ltd. (Owner) /Cameron Christianson, A.L.S. (Applicant) To subdivide a previously unsubdivided quarter section to accommodate acquisition of land for a canal right-of-way and the resulting relocation of a pivot The County Planner provided background information for the proposed subdivision. September 25, 2007 ~ Municipal Planning Commission Page 2 ~~~ P-130/07 MOVED BY COUNCILLOR H. WUTZKE that the Municipal Planning ,,... Commission APPROVE subdivision #2007-0-340, 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 approximate 13.94 Acre parcel subdivided from the NE '/a 28- 15-15-W4M be consolidated with the adjacent SE ~/a 28-15-15-W4M in manner such that the resulting Certificate of Title could not be subdivided without the approval of the Subdivision Authority. MOTION CARRIED 8. DEVELOPMENT REPORT -AUGUST 21 -SEPTEMBER 17, 2007 P-131/07 MOVED BY S. SWENSON that the Development Report be accepted. MOTION CARRIED 10. SUBDIVISIONS CONTD. b) #2007-0-341 -Lot 1, Block 1, Plan 9910839 in SE 36-20-15-W4M Terry & Irene Peterson (Owner) / Connie Petersen, A.L.S. (Applicant) ~' To subdivide an existing parcel to create two country residential parcels approximately 4.13 Acres (1.67 Hectares) and 5.24 Acres (2.12 Hectares) in size respectively leaving a residual parcel approximately 89.97 Acres (36.41 Hectares) The County Planner provided background information for the proposed subdivision. P-132/07 MOVED BY COUNCILLOR A. ECKERT that the Municipal Planning Commission APPROVE subdivision #2007-0-341, subject to the following conditions: 1. The 10% reserve requirement be provided as money in place of land on the 9.37 acres at the market value of $ 2000.00 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. 2. And further that, upon receipt of this reserve payment, Caveat 781 033 737 shall be discharged in its entirety and a new deferred reserve caveat will be placed on the residual parcel in the amount of 8.99 acres. 3. That all outstanding property taxes be paid to the County of Newell. 4. 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. 5. That a 30-metre wide service road be dedicated by survey plan located across the southern boundary of proposed Lot 3 to comply with Section `" 15 of the Subdivision and Development Regulation to a standard acceptable to the County of Newell. MOTION CARRIED September 25, 2007 ;~' Municipal Planning Commission Page 3 C) #2007-0-344 - SE 18-19-14-W4M Barbara Peggie & Alan Ressor (Owner /Applicant) To subdivide an existing parcel to create two parcels approximately 8.7 Acres (3.51 Hectares) in size The County Planner provided background information for the proposed subdivision. The approach being cut off from one of the parcels was discussed. It was decided that a shared approach would accommodate the needs of both parcels, and that an allowance for this should be included in the conditions of subdivision. The type of zoning (CR or I) of each parcel was also discussed. P-133/07 MOVED BY COUNCILLOR M. NESBITT that the Municipal Planning Commission APPROVE subdivision #2007-0-344, subject to the following conditions: 1. That all outstanding property taxes be paid to the County of Newell. 2. That the applicant or owner or both enter into a Development Agreement, including a shared approach with the County of Newell which shall be registered concurrently with the final plan against the title(s) being created. 3. That 5.0 m be dedicated as road on the final plan along the southerly boundary of the two new parcels being created. MOTION CARRIED d) #2007-0-360 - NE 19-19-15-W4M John Harbinson (Owner /Applicant) To subdivide an approximate 5.0 Acre (2.02 Hectare) vacant parcel from an unsubdivided quarter section The County Planner provided background information for the proposed subdivision. P-134/07 MOVED BY COUNCILLOR H. WUTZKE that the Municipal Planning Commission APPROVE subdivision #2007-0-360, subject to the following conditions: 1. That all outstanding property taxes 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. MOTION CARRIED e) #2007-0-366 -Block C, Plan 7811334, SE 6-19-14-W4M James C. Blair (Owner) /Craig D. Jacobson (Applicant) To subdivide an existing 11.88 Hectare (29.35 Acre) parcel for Country Residential use The County Planner provided background information for the proposed subdivision. The amount of reserve that is needed to be collected was discussed. The County Planner informed the Board that the reserve ~ \ has been collected as required during previous subdivisions on the quarter, so at this point there is not very much left to be collected. September 25, 2007 Municipal Planning Commission Page 4 P-135/07 MOVED BY COUNCILLOR A. ECKERT that the Municipal Planning Commission APPROVE subdivision #2007-0-366, subject to the following conditions: 1. That the reserve be paid. 2. That all outstanding property taxes be paid to the County of Newell. 3. 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. 4. That the 0.27 Acre portion of Certificate of Title 051 471 558 be consolidated with the adjacent lot legally known as Lot 1, Block D, Plan 811 0015 in a manner such that the resulting Certificate of Title could not be subdivided without the approval of the Subdivision Authority. MOTION CARRIED Councillor W. Daniels declared an interest and left the meeting at 10:52 a.m. f) #06 NL 022 - SE 31-14-14-W4M Wayne & Karen Daniels (Owner) / Wayne Daniels (Applicant) Subdivision of an agricultural quarter section The County Planner provided background information on the proposed subdivision. Water and sewer not being present on the parcel was a concern of the Commission, but the County Planner doesn't feel this is an issue as the developer would need a development permit before any sort of development and that would require that the necessary utilities be present. The issue of whether or not water rights exist on the parcel was also discussed. Another issue discussed involved why land zoned for agricultural use is being subdivided and is remaining zoned for agricultural use. P-136/07 MOVED BY COUNCILLOR H. WUTZKE that the Municipal Planning Commission APPROVE subdivision 06-NL-022, subject to the following conditions: 1. That all outstanding property taxes 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. MOTION CARRIED Councillor W. Daniels ~e-returned to the meeting at 11:04 a.m. 11. AGRICULTURAL SUPPORT SERVICE PERMITS a) 07 AS 005 - Pt. NW 9-20-14-W4M David & Tracey Kuffner (Owner /Applicant) Wool processing and retailing in an agricultural district The Development Control Officer provided background information about the proposed Agricultural Support Service Permit in conjunction with item 13a, DP #3125. September 25, 2007 ~ Municipal Planning Commission Page 5 P-137/07 MOVED BY COUNCILLOR A. ECKERT that MPC grant approval for an Agricultural Support Service Permit for `The Wool Mine', operating out of a converted residence on the applicants' property. This will continue the County's policy of classifying value-added agricultural retailers as Agricultural Support Services, and allow a ten year old business to continue operating. The Development Officer recommends that the Municipal Planning Commission grant Agricultural Support Service Permit 07.AS.005 for the business operating as `The Wool Mine' on the lands known as L.S.D. 10 & 15, 9-20-14-W4, subject to the following conditions: 1) This permit is being granted only for the change +s-in use of 1200ft2 of an existing Quonset to a Dwelling Unit on lands described as L.S.D. 10 & 15, 9-20-14-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 Land Use Bylaw #1626-07, and amendments thereto, pertaining to the 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 the various oil & gas companies. 3) The developer ensuring: a. This use not affecting the residential use of the property or adjacent properties and area. b. The total number of non-resident, part time and full time employees involved with the said occupation, not exceeding two. c. The applicant ensuring there is no advertising or display of produce being permitted on the property except for one indirectly illuminated sign of 1 m2 placed flat against the building or fence. d. The applicant ensuring adequate parking space is available for this use e. The developer ensuring there is no contamination of soil, surface water or groundwater from this use. f. 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. It is the responsibility of the applicant to renew a minimum of two months prior to its expiration MOTION CARRIED 13. DEVELOPMENT PERMITS a) Permit #3125 - Pt. NW 9-20-14-W4M David & Tracey Kuffner (Owner/Applicant) Changing Use of Existing Building -Residence in Agricultural District The Development Control Officer provided background information in conjunction with item 11a, 07 AS 005. P-138/07 MOVED BY COUNCILLOR W. DANIELS that MPC grant approval for the change in use of 1200ft2 of an existing Quonset to a Dwelling Unit, where September 25, 2007 Municipal Planning Commission Page 6 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: This permit is being granted only for the change +s-in use of 1200ftZ of an existing Quonset to a Dwelling Unit on lands described as L.S.D. 10 & 15, 9- 20-14-W4. Any additional development shall require prior approval of a separate permit application. 1) The proposed development complying with: a. all Federal, Provincial and Municipal statutes, regulations, codes and standards. b. the provisions of Land Use Bylaw #1626-07, and amendments thereto, pertaining to the 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 the various oil & gas companies. 2) The developer ensuring: a. 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 applying for the required permits. 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 existing home not be used as a residence so long as the Quonset is being used as a residence. MOTION CARRIED 12. STATUTORY PLANS -NEW & AMENDMENTS The County Planner informed the Commission that the amendments to the Land Use Bylaw are currently being completed and that copies of the Land Use Bylaw should be available next week. September 25, 2007 ~j p~ Municipal Planning Commission Page 7 13. DEVELOPMENT PERMITS CONT'D b) Permit # 3127 - Pt. NE 27-17-14-W4M Jim & Jennifer Aleman (Owner/Applicant) Construct a residence in an Agricultural District The Development Control Officer explained to the Commission that under the new Land Use Bylaw 1626-07, this type of development is a permitted use and therefore does not require approval from the Municipal Planning Commission. P-139/07 MOVED BY COUNCILLOR W. DANIELS that the Development Control Officer handle the situation according to the new Land Use Bylaw. MOTION CARRIED c) Permit #3131 -Plan 2123 FB, Block 1, Lot 1, Hamlet of Rolling Hills Wilhelm Dyck (Owner /Applicant) Construct an accessory building in a Hamlet Commercial District The Development Control Officer explained to the Commission that under the new Land Use Bylaw 1626-07, this type of development is a permitted use and therefore does not require approval from the Municipal Planning Commission. P-140/07 MOVED BY COUCNILLOR A. EASTMAN that the Development Control Officer handle the situation according to the new Land Use Bylaw. MOTION CARRIED d) Permit #3139 -Plan 821 0258, Block 2, Lot 3, Hamlet of Rolling Hills Pavlos Darmanin (Owner /Applicant) Moved in 1973 manufactured home in a Hamlet Mobile Home Residential District The Development Control Officer provided background information on the proposed permit. Councillor Daniels informed the Commission that at the Rolling Hills Hamlet Advisory Committee meeting on Saturday, the permit was voted against. The 20 years old or newer standard for mobile homes was discussed in conjunction with the cost of improvements that the Commission would recommend for a mobile home older than 20 years old. The improvements needed to bring the home up to County standards might put the home out of the applicant's price range. P-141/07 1` ~~W"v September 25, 2007 MOVED BY COUNCILLOR A. EASTMAN that the Municipal Planning Commission RE7ECT aonroval for Development Permit #3139 t ap~e~-for the installation of a 1973 model 89.2mZ (960 ft2) manufactured 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 an Municipal Planning Commission Page 8 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: This permit is being granted only for the change +~in use of 1200ft2 of an existing Quonset to a Dwelling Unit on lands described as L.S.D. 10 & 15, 9- 20-14-W4. Any additional development shall require prior approval of a separate permit application. 1) The proposed development complying with: a. all Federal, Provincial and Municipal statutes, regulations, codes and standards. b. the provisions of Land Use Bylaw #1626-07, and amendments thereto, pertaining to the 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 the various oil & gas companies. 2) The developer ensuring: a. 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 applying for the required permits. 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 existing home not be used as a residence so long as the Quonset is being used as a residence. MOTION CARRIED 12. STATUTORY PLANS -NEW & AMENDMENTS The County Planner informed the Commission that the amendments to the Land Use Bylaw are currently being completed and that copies of the Land ,,.. Use Bylaw should be available next week. September 25, 2007 ~ry "" "~ Municipal Planning Commission Pa e 7 g 13. DEVELOPMENT PERMITS CONT'D b) Permit # 3127 - Pt. NE 27-17-14-W4M Jim & Jennifer Aleman (Owner/Applicant) Construct a residence in an Agricultural District The Development Control Officer explained to the Commission that under the new Land Use Bylaw 1626-07, this type of development is a permitted use and therefore does not require approval from the Municipal Planning Commission. P-139/07 MOVED BY COUNCILLOR W. DANIELS that the Development Control Officer handle the situation according to the new Land Use Bylaw. MOTION CARRIED c) Permit #3131 -Plan 2123 FB, Block 1, Lot 1, Hamlet of Rolling Hills Wilhelm Dyck (Owner /Applicant) Construct an accessory building in a Hamlet Commercial District The Development Control Officer explained to the Commission that under the new Land Use Bylaw 1626-07, this type of development is a permitted use and therefore does not require approval from the Municipal Planning Commission. P-140/07 MOVED BY COUCNILLOR A. EASTMAN that the Development Control Officer handle the situation according to the new Land Use Bylaw. MOTION CARRIED d) Permit #3139 -Plan 821 0258, Block 2, Lot 3, Hamlet of Rolling Hills Pavlos Darmanin (Owner /Applicant) Moved in 1973 manufactured home in a Hamlet Mobile Home Residential District The Development Control Officer provided background information on the proposed permit. Councillor Daniels informed the Commission that at the Rolling Hills Hamlet Advisory Committee meeting on Saturday, the permit was voted against. The 20 years old or newer standard for mobile homes was discussed in conjunction with the cost of improvements that the Commission would recommend for a mobile home older than 20 years old. The improvements needed to bring the home up to County standards might put the home out of the applicant's price range. P-141/07 MOVED BY COUNCILLOR A. EASTMAN that the Municipal Planning Commission RE7ECT the approval of Development Permit #3139 a~ for the installation of a 1973 model 89.2m2 (960 ft2) manufactured 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 an September 25, 2007 Municipal Planning Commission Page S occupancy permit issued by a licensed, accredited building inspection agency for the County of Newell. b) The developer providing the County of Newell with an irrevocable letter of credit, or other form of security to the satisfaction of the municipality, in the amount of $2,500.00 to ensure that the requirements of the following conditions are met: i. this development is complete as specified, with upgrades and/or new siding within one year from the date of approval. 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. An d subject to the following conditions: This permit is being granted only for the installation of a 1973 model 89 .2m2 (960 ftZ) manufactured home, on lands described as Lot 3, Block 2, Plan 821 0258. Any additional development shall require prior approval of a separate permit application. 1) The proposed development complying with: a. all Federal, Provincial and Municipal statutes, regulations, codes and standards. b. the provisions of Section 87 of Land Use Bylaw #1443-03, and amendments thereto, pertaining to the HMH -Hamlet Manufactured Home Residential District. c. The provisions of Schedule F of Land Use Bylaw #1443-0, and amendments thereto, pertaining to Moved-In Buildings. 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 Eastern Irrigation District. g. Any concerns put forth by the various oil & gas companies. 2) The developer ensuring: a. the following setbacks are maintained for this development: Front Side Rear 5.0 m (from roadway) * 1.5 m 3.0 m *The side yard on which a main door is located shall be increased to 3.6m b. the proposed structure is consistent with the purpose of the land use district and that the design, character and appearance of the proposed structure 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 applying for the required permits. 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 ,n)~~~ animal-proof containers and are covered and screened from the '~~~" public roadways. September 25, 2007 Municipal Planning Commission Page 9 k. no contamination of soil, surface water or groundwater from this use. I. All required renovations or repairs shall be completed within 1 year of installation. MOTION CARRIED 14. HOME OCCUPATION PERMITS There were no Home Occupation Permits to review. 15. OTHER BUSINESS There were no other business items. 16. POST AGENDA b) Alex & Linda Currie -Amendment to Subdivision 06 NL 004 The County planner informed the Commission that the applicant wishes to revise the original subdivision application. The original application was to subdivide 9 lots and the new application is for the subdivision of 20 lots. This situation can either be handled by issuing an extension on the original subdivision and then amending the original application, or by declaring the original subdivision application to be over and the applicant would have to reapply under the new fee schedule. The County Planner recommended to the Commission that a new application be filed. P-142/07 MOVED BY COUNCILLOR M. NESBITT that the County Planner request the applicant to file a new application presenting the new subdivision idea. MOTION CARRIED a) Cassils Area Structure Plan The Development Control Officer provided background information on this item. The Development Control Officer brought this item to MPC based on a request by Mrs. Baksa at the last Council meeting. The applicant is asking for the land to be re-zoned to something other than direct control. The Development Control Officer recommends that the applicant be able to apply fora Land Use Amendment of the 39.72 Acre parcel free of charge. The status of the Cassils Area Structure Plan was questioned. The Chief Administrative Officer explained that a hydro-geologic study was necessary before the finalization of the ASP. However, the ASP can be used as a reference without officially adopting it. P-143/07 September 25, 2007 MOVED BY COUNCILLOR H. WUTZKE that Council allow the applicant to make an application to amend the land use district for the 39.72 Acre parcel free of charge ensuring that Council and neighbor concerns are dealt with at the subdivision stage. MOTION CARRIED Municipal Planning Commission Page 10 17. IN CAMERA ITEMS There were no in camera items. 18. QUESTION PERIOD None 19. INFORMATION ITEMS None 20. AD70URN P-144/07 MOVED BY COUNCILLOR A. ECKERT that the meeting adjourn at 12:07 p.m. ,-- September 25, 2007 Municipal Planning Commission Page 11 MOTION CARRIED