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Home My WebLink About2007-10-30 Municipal Planning Commission (Regular) MinutesCOUNTY OF NEWELL NO. 4 MUNICIPAL PLANNING COMMISSION MEETING '~' October 30, 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, October 30, 2007 commencing at 10:00 a.m. MEMBERS PRESENT: W. Daniels, Councillor ]. Harbinson, Councillor S. Evans, Councillor A. Eastman, Councillor B. de Jong, Councillor M. Douglass, Councillor H. Wutzke, Councillor A.M. Philipsen, Councillor I. Schroeder, Councillor R. Andrews, Councillor B. McKellar, Member S. Swenson, Member STAFF: R. Roycroft, Development Control Officer D. Horvath, Planner - ORRSC K. Stephenson, Chief Administrative Officer ~" D. Sutter, Administrative Secretary OTHERS IN ATTENDANCE: Pavlos & Lauren Darmanin, DP #3050 1. CALL TO ORDER The Chairman called the meeting to order at 9:57 a.m. 2. EXCUSED FROM MEETING All members were present. 3. MINUTES a) September 25. 2007 P-145/07 MOVED BY COUNCILLOR M. DOUGLASS that the minutes of the September 25, 2007 Municipal Planning Commission meeting be adopted as amended. .-- The following changes were noted in the minutes: Pg. 5 change "re-returned" to "returned" Pg. 6 change "changes is use" should read "changes in use" ~,~' Pg. 8 the motion should read "...Councillor Eastman that the Municipal Planning Commission REJECT the approval of Development Permit #3139..." MOTION CARRIED 4. CALL FOR POST AGENDA ITEMS The Chairman called for post agenda items. P-146/07 5. 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 he has spoken with Mr. Strom, and told him what MPC would like to see regarding the proposed Development Permit. The Development Control Officer stated that he hopes Mr. Strom will have all of the necessary information compiled soon. 7. COUNCIL & S.D.A.B. REPORT The Development Control Officer informed the Board of the S.D.A. B. decision regarding Development Permit #3080. The S. D.A.B. found in favor of the applicant, so Development Permit #3080 has been approved. The County Planner informed the Board of the Peterson subdivision appeal that will be presented to the Municipal Government Board. P-147/07 8. DEVELOPMENT REPORT -SEPTEMBER 18 -OCTOBER 23 MOVED BY COUNCILLOR W. DANIELS that the Development Report be accepted. MOTION CARRIED 9. CORRESPONDENCE There were no correspondence items to be presented at this meeting. 19. INFORMATION ITEMS a) Planning and Development Departmental Overview The County Planner and the Development Control Officer introduced themselves to the Board. The County Planner provided an overview of -- what ORRSC does, and explained her role as planner for the County of Newell. The County Planner and the Development Control Officer then October 30, 2007 Municipal Planning Commission Page 2 reviewed some of the frequently used planning and development terms. Next, the Development Control Officer and the County Planner provided .- an overview of the processes involved with development permit applications, statutory and Land Use Bylaw Amendment applications, and subdivision applications. The County Planner then reviewed what is included in a subdivision agenda package. The Development Control Officer and the County Planner then answered questions from the Board Members. 10. SUBDIVISIONS Councillor W. Daniels declared a pecuniary interest and left the meeting at 10:55 a.m. a) #2007-0-409 - SW 33-14-13-W4M Curtis Huber (Owner) / Vern Parker (Applicant) To make a boundary adjustment which would subdivide an approximate 3.0 Acre (1.22 Hectare) parcel from a quarter section legally known as SW 33-13-4-W4M. The subdivided portion is to be consolidated with adjacent Lot 1, Block 1, Plan 031 2775. The County Planner provided background information on the proposed subdivision. P-148/07 MOVED BY COUNCILLOR I. SCHROEDER that the Municipal Planning Commission APPROVE subdivision #2007-0-409, 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 subdivided portion of Certificate of Title 041 005 588 be consolidated with the adjacent parcel legally known as Lot, Block, Plan 031 2775 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 re-entered the meeting at 11:02 a.m. b) #2007-0-410 - NE 27-17-14-W4M Jim & Jennifer Aleman (Owner /Applicant) To subdivide an approximate 7.0 acre (2.02 hectares) vacant parcel from an unsubdivided quarter section legally known as NE 27-17-14- W4M The County Planner provided background information on the proposed subdivision. P-149/07 MOVED BY COUNCILLOR I. SCHROEDER that the Municipal Planning Commission APPROVE subdivision #2007-0-410, subject to the following ~^ conditions: 1. That all outstanding property taxes shall be paid to the County of Newell. October 30, 2007 Municipal Planning Commission Page 3 ~f ;~~ 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 c) #2007-0-411- NE 30-20-14-W4M Garry Fletcher (Owner) /Cameron Christianson, A.L.S. (Applicant) To subdivide an existing 3.59 hectare (8.87 acre) parcel for country residential use. The County Planner provided background information on the proposed subdivision. The County Planner also explained what a Municipal Reserve requirement is to the Board. P-150/07 MOVED BY COUNCILLOR M. DOUGLASS that the Municipal Planning Commission APPROVE subdivision #2007-0-411, subject to the following conditions: 1. That the existing deferred reserve caveat, in the amount of 0.887 acres be provided as money in place of land at the market value of $10,150 per acre, be paid to the County of Newell No. 4. 2. That all outstanding property taxes shall 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. MOTION CARRIED d) #2007-0-431 -Block 2, Plan 9311397 in SE 15-18-14-W4M Myrna Ferris (Owner /Applicant) To subdivide an existing 2.8 hectares (6.92 acres) parcel The County Planner provided background information on the proposed subdivision. P-151/07 MOVED BY COUNCILLOR ). HARBINSON that the Municipal Planning Commission APPROVE subdivision #2007-0-431, subject to the following conditions: 1. That the 10% reserve requirement be provided as money in place of land on the 6.92 acres at the market value of $12,140 per acre with the actual acreage and amount to be paid to the County of Newell No. 4. 2. That all outstanding property taxes shall 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. MOTION CARRIED e) #2007-0-432 - NW 17-21-15-W4M Tom Parker (Owner /Applicant) To reconfigure two existing titles located in the NW 17-21-15-W4M The County Planner provided background information on the proposed ~~ subdivision. ~~ October 30, 2007 Municipal Planning Commission Page 4 P-152/07 MOVED BY COUNCILLOR A. EASTMAN that the Municipal Planning Commission APPROVE subdivision #2007-0-432, subject to the following ,.- conditions: i. 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 two northerly 40 acre parcels be consolidated and the two southerly 40 acre parcels be consolidated creating two 80 acre parcels. MOTION CARRIED 13. DEVELOPMENT PERMITS a) Permit #3150 -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 development permit. He explained the additions to the new application being brought to MPC. The letter from the Rolling Hills Advisory Committee was reviewed. The Land Use Bylaw stipulations for the maximum age and condition of mobile homes brought into the County were also discussed. `~ 11. AGRICULTURAL SUPPORT SERVICE PERMITS There were no Agricultural Support Service Permits to discuss at this meeting. 12. STATUTORY PLANS -NEW & AMENDMENTS There were no Statutory Plans to discuss at this meeting. 14. HOME OCCUPATION PERMITS a) HO #170 - NW 21-20-14-W4M Ralph & Lorena Siemens /RKL Enterprises Inc. (Owner /Applicant) Trucking Service -Renewal Application The Development Control Officer provided background information on the proposed renewal of the home occupation permit. The outdoor wash bay is of concern as it is close to Duchess. It was decided that a condition limiting usage of the wash bay to only RKL Enterprise trucks would be added. P-153/07 MOVED BY COUNCILLOR W. DANIELS that the Municipal Planning Commission grant a RENEWAL of Home Occupation Permit # 170, and that this "Home Occupation - 3" be classified as a "Contract Trucking Service" on lands legally described as NW-21-20-14-W4, subject to the following ~^ conditions: This permit is being granted only for a Contract Trucking Service as described in this application as lands legally described as NW-21-20-14-W4. October 30, 2007 Municipal Planning Commission ~1 ~ ~ Page 5 Any additional development, or change in use, shall require prior approval of a separate permit application. 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. And subject to the following conditions: 1. This use complying with: a. Schedule 13 of the Land Use Bylaw #1626-07 pertaining to the operation of Home Occupation - 3. b. All Sections of Land Use Bylaw #1626-07 pertaining to the Agricultural District. 2. 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 full-time or part-time employees, not including the occupants of the residence involved with the said occupation, does not exceed five. c. the total number of commercial vehicles used in conjunction with this home occupation shall not exceed five. d. no noise, vibration, smoke, dust or odours, which may affect adjacent landowners or development, are created from this home occupation major. e. adequate parking is available for this use, as per Schedule 13 of the Land Use Bylaw #1626-07. f. 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. g. all outdoor garbage containers are stored in weatherproof and animal proof containers and are covered and screened for the public roadways. h. there is no contamination of surface or ground water from this use. i. that all hazardous materials are properly disposed of in regulated facilities. j. that the outdoor wash bay be used only for vehicles operated by RKL Enterprises. MOTION CARRIED 15. OTHER BUSINESS There were no other business items. LUN H The Committee RECESSED for lunch at 11:58 a.m. and RECONVENED at 1:02 p.m. Arrived at Meetin4 Pavlos and Lauren Darmanin arrived at 1:02 p.m. 13. DEVELOPMENT PERMITS CONTD. a) Permit #3150 -Plan 821 0258, Block 2, Lot 3, Hamlet of Rolling Hills Pavlos Darmanin (Owner /Applicant) October 30, 2007 Municipal Planning Commission Page 6 Moved in 1973 manufactured home in a Hamlet mobile Home Residential District The Board asked the applicant about the various improvements that he plans to do. There was concern raised over whether some of the improvements could be completed for the price listed by the applicant. The applicant stated that he would do the repairs once the unit is moved to Rolling Hills, to avoid having to fix anything that may happen while the mobile home is in transit. The Development Control Officer stated that the certificate of structural sufficiency must be obtained before the home is moved into the County. The amount of the letter of credit was discussed, and it was decided that the amount should be increased to $5000. In the opinion of Councillor W. Daniels, a 1973 mobile home is not 'better than the average" compared to the other mobile homes in Rolling Hills, and thus should not be allowed. P-154/07 MOVED BY COUNCILLOR H. WUTZKE that the Municipal Planning Commission APPROVE Development Permit #3150 as the applicant has proposed significant improvements to the structure, which will allow it to fit into the community. The Development Officer recommends that the Municipal Planning Commission APPROVE Development Permit # 3150 and grant approval 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 a certificate of structural sufficiency from an accredited, approved Building `""' Inspector PRIOR to moving the unit into Rolling Hills. 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 $5,000.00 to ensure that the requirements of the following conditions are met: c) this development is complete as specified, with new painting, new skirting, new windows, new doors, a 10x12 deck and stairs, new carpeting and any required repairs to the siding within one year from the date of approval. This permit is being granted only for the installation of a 1973 model 89.2m2 (960 ft2) 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. And subject to the following conditions: 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 Hamlet Residential District. c. The provisions of Schedules 9 & 10 of Land Use Bylaw #1626-07, and amendments thereto, pertaining to Moved-In Buildings and Manufactured Homes in Hamlets 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. 2) The developer ensuring: a. the following setbacks are maintained for this development: Front Side Rear October 30, 2007 Municipal Planning Commission ~~ q ~ Page 7 ~~J W W 20 ft (from roadway) 5 ft 20 ft 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 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. All required renovations or repairs shall be completed within 1 year of installation. Councillor Daniels and Councillor Eastman spoke against the motion. Councillor Harbinson spoke in favor of the motion. MOTION DEFEATED Pavlos and Lauren Darmanin left the meeting at 1:23 p.m. 16. POST AGENDA a) Letter from the Rolling Hills Advisory Committee Re: 1978 Mobile Home Installation Councillor Daniels discussed the letter from the Rolling Hills Advisory Committee regarding the 1978 mobile home that is currently being installed in the hamlet. The advisory committee is concerned that the ground underneath the mobile home was not prepared properly, and don't believe that the owner plans on changing it as the skirting is almost completely on. Councillor Daniels asked the Development Control Officer to look into the situation either by doing a site inspection or calling the owner. The Development Control Officer said that he would do a site inspection, and will contact the owner to ask him not to finish the skirting until the building inspection has been completed. 17. IN CAMERA ITEMS There were no in camera items. 18. QUESTION PERIOD Councillor Douglass asked for an update on Grace Cattle Carriers. The Development Control Officer suggested having the owner apply for a development permit to legalize the current non-conforming use under the October 30, 2007 Municipal Planning Commission Page 8 new Land Use Bylaw rather than applying fora Land Use Amendment. ~- Councillor Wutzke suggested that MPC go on a tour of the facility before making any judgements. The County Planner suggested contacting the NRCB because of the manure stockpiling. It was suggested that the NRCB has already been contacted and at that time, did not feel obligated to get involved. Since that time the NRCB has expanded, and may now take an interest in the situation. Councillor Douglass raised a concern over how long this situation has been going on. This item will be brought back to the next meeting. Kevin Stephenson asked about the status of the IMDP. Councillor Schroeder suggested that we should have a motion from the County Council and from the City Council in order to allow the process to move forward. P-155/07 MOVED BY COUNCILLOR W. DANIELS that the Municipal Planning Committee recommend to Council that the County proceed with negotiations with the City of Brooks for the Intermunicipal Development Plan. MOTION CARRIED 20. AD70URN P-156/07 MOVED BY COUNCILLOR A. EASTMAN that the meeting adjourn at 1:46 p.m. MOTION CARRIED October 30, 2007 Municipal Planning Commission Page 9 `1, CHAI