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HomeMy WebLinkAbout2007-12-18 Municipal Planning Commission (Regular) MinutesCOUNTY OF NEWELL NO. 4 MUNICIPAL PLANNING COMMISSION MEETING December 18, 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, December 18, 2007 commencing at 10:00 a.m. MEMBERS PRESENT: W. Daniels, Councillor J. Harbinson, Councillor S. Evans, Councillor A. Eastman, Councillor B. DeJong, Councillor M. Douglass, Councillor H. Wutzke, Councillor A.M. Philipsen, Councillor I. Schroeder, Councillor R. Andrews, Councillor B. McKellar, Member STAFF: R. Roycroft, Development Control Officer D. Horvath, Planner - ORRSC K. Stephenson, Chief Administrative Officer ~- D. Sutter, Administrative Secretary OTHERS IN ATTENDANCE: NRCB group -Karen, Application Officer Carl, Compliance Officer Kevin, Compliance Officer 1. CALL TO ORDER The Chairman called the meeting to order at 10:00 a.m. 2. EXCUSED FROM MEETING P-170/07 MOVED BY COUNCILLOR B. de7ong that S. Swenson be excused from the meeting. MOTION CARRIED 3. MINUTES a) November 27, 2007 P-171/07 MOVED BY COUNCILLOR M. DOUGLASS that the minutes of the November 27, 2007 Municipal Planning Commission meeting be adopted as presented. MOTION CARRIED •~~ ~;`'V~U 4. CALL FOR POST AGENDA ITEMS The Chairman called for post agenda items. 5. ADOPTION OF AGENDA P-172/07 MOVED BY COUNCILLOR I. SCHROEDER that the agenda be adopted as amended. MOTION CARRIED 6. BUSINESS FROM MINUTES a) Permit #2818 - Pt. SW 5-18-14-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 had received a call from Rob Strom needing clarification on a piece of information that had been requested by the County, but stated that there was no further information at this time. b) Lake Newell Water Plant Condition & License to Operate The Development Control Officer informed the Board that staff has discussed the issue, and feel that there is no concrete way of dealing with this issue until the results of the MPE study are completed and available. Once the costs and project details are received then a meeting will be set up with the E.I.D as owner to ratify some type of a solution for Alberta Environment licensing requirements. The CAO stated that the information in the study will be shared with the EID once it is received. Arrived at Meeting Councillor Jack Harbinson arrived at 10:09 a.m. The County Planner asked for direction from MPC as to what she should be telling the developer when he phones regarding this issue. She informed the Board that the developer has stated that he has paperwork showing that the plant can support upwards of 300 homes. County staff has not seen these documents. In order for the County and the developer to hopefully get on the same page, the County Planner feels that a meeting between the developer and County staff would be beneficial. The developer should be informed of the issues that the County is dealing with, and be given an approximation of the timeframe and cost regarding resolving the water issue. The current plant water license (for 40 homes) with Alberta Environment which expired in October will be extended temporarily until the plant is upgraded to meet AE licensing requirements. The CAO stated that even though the developer says that he has made the upgrades as required for the capacity to 300+ homes "that Alberta Environment through their June 2007 inspections stated that it has not been upgraded to meet the standards required to serve the existing development". The list required is a couple pages long but the major items include increased reservoir capacity, fire pumps, larger December 18, 2007 Municipal Planning Commission Page 2 distribution pumps, power generator and online monitoring system ,,... installed. It was mentioned as well that with Regional Water coming so soon, it really would be a waste of money to make all of the upgrades now, only to tie into Regional Water in the next year or so. The CAO stated that he will schedule a meeting with the developer as soon as possible. Some confusion was clarified regarding the water licenses. The current raw water license is more than adequate for the number of lots present. Councillor Schroeder stated that the County needs to make the E.I.D and the developer aware of the process that is taking place. This might make it easier to deal with the situation. The E.I.D should know that we took over operation of the plant because we were asked to, but that we are not assuming ownership of the plant due to the major upgrades required. The development agreement has provisions for supplying water to lots. It is the developer's responsibility to fulfill the stipulations stated in the development agreement. This item will be further discussed later in the meeting. 7. COUNCIL & S.D.A.B. REPORT The County Planner informed the Board that the Municipal Government Board hearing was held on December 12th in Calgary and that a recess had been granted. There has not been a new date set for the next hearing. The County Planner also informed the Board that Mr. Wiens had filed an appeal to the Municipal Government Board regarding the Traffic Impact Assessment that was requested by Alberta Infrastructure and Transportation. 8. DEVELOPMENT REPORT -NOVEMBER 20 -DECEMBER 11. 2007 P-174/07 MOVED BY COUNCILLOR S. EVANS that the Development Report be accepted. MOTION CARRIED 9. CORRESPONDENCE There was no correspondence to be presented at this meeting. 10. SUBDIVISIONS a) #2007-0-468 - SW 31-17-13-W4M Jakob Drumm (Owner) / Jacky Drumm (Applicant) To subdivide an approximate 20.05 Acre (8.11 Hectare) parcel from a quarter section that can be considered unsubdivided. The County Planner provided background information on the proposed subdivision. She explained that Alberta Infrastructure and Transportation have requested that the 2 existing approaches be closed and a new approach and service road be built on the North side of the parcel. The County Planner does not feel that this is a necessary '" improvement for this location, and also noted that Alberta Infrastructure and Transportation's proposed access and service road cross an Esso lease. December 18, 2007 Municipal Planning Commission Page 3 Arrived at Meetina Councillor Andrews arrived at 10:43 a.m. Other issues discussed included the size of the yard. Councillor Schroeder stated that the remaining parcel is the area that is currently irrigated and farmed. The proposed parcel to be subdivided is the yard that has been set up by the owner. Councillor Eastman asked for clarification about the terminology used on the Resolution concerning "Country Residential Use" and "Agricultural Use". Councillor Daniels would like to amend the Resolution by removing "Country Residential Use" and replacing it with "Agricultural Use". P-175/07 MOVED BY COUNCILLOR W. DANIELS that an amendment to change the wording from "Country Residential Use" to "Agricultural Use" be made. MOTION CARRIED P-176/07 MOVED BY COUNCILLOR I. SCHROEDER that the Municipal Planning Commission APPROVE subdivision #2007-0-468, 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 existing two accesses from Highway 875 be removed and a joint access be constructed at the south boundary of the proposed - parcel and that a 30-metre wide service road shall be dedicated by caveat located perpendicular and access the highway frontage of the parcel to be created. The applicant should contact Alberta Infrastructure to finalize this condition. 4. That the south boundary of the proposed parcel be adjusted to incorporate the leased area of ESSO Imperial Oil's current leased area for their existing well 8-31 (as shown on the survey plan submitted by ESSO Imperial Oil). MOTION CARRIED Arrived at Meetina The NRCB group (Karen, Carl and Kevin) arrived at 11:00 a.m. 15. OTHER BUSINESS a) NRCB Presentation Introductions were made by everyone present at the meeting. Karen, an approval officer with the NRCB presented a power point presentation regarding the NRCB and what they do. Carl, an NRCB compliance officer continued with the presentation and explained the compliance portion of the permit process. He also discussed the inspections that may be performed. Upon the conclusion of the presentation, Councillors were given the opportunity to ask questions. Topics included self-reporting by operators, ground water testing, -- concerns of neighbours, dead animals, application of liquid manure through a pivot, feedlots being grandfathered in, whether or not truck washes are regulated by the NRCB, and ground water contamination. December 18, 2007 Municipal Planning Commission Page 4 The NRCB Group left the meeting at 12:08 p.m. ,~- L N H The Committee RECESSED for lunch at 12:09 p.m. and RECONVENED at 12:55 p.m. 10. SUBDIVISIONS CONTD. b) #2007-0-474 - SW 21-18-14-W4M Bertha Redelback (Owner) /George Redelback (Applicant) To subdivide a previously unsubdivided quarter section located in the SW 1/a 21-18-14-W4M into two parcels approximately 80 Acres each in size. The County Planner provided background information on the proposed subdivision. Issues discussed included whether or not the 80 acre parcels should be consolidated with the adjacent land. P-177/07 MOVED BY COUNCILLOR M. DOUGLASS that the Municipal Planning Commission APPROVE subdivision #2007-0-474, 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. MOTION CARRIED C) #2007-0-475- NW 26-21-18-W4M Sherrie & Cody Kilcup (Owners) / Sherrie Kilcup (Applicant) To subdivide an approximate 6.33 Acre (2.56 Hectare) parcel from an unsubdivided quarter. The County Planner provided background information on the proposed subdivision. Public Works will require improvements to the access at the North end of the parcel. Concern with the parcel being in the middle of a quarter section was raised. P-178/07 MOVED BY COUNCILLOR H. WUTZKE that the Municipal Planning Commission APPROVE subdivision #2007-0-475, 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. .~-, 11. AGRICULTURAL SUPPORT SERVICE PERMITS MOTION CARRIED There were no Agricultural Support Service Permits to review. December 18, 2007 Municipal Planning Commission Page 5 ~~~~ 12. STATUTORY PLANS -NEW & AMENDMENTS There were no Statutory Plans to review. 13. DEVELOPMENT PERMITS There were no development permits to review. 14. HOME OCCUPATION PERMITS There were no Home Occupation Permits to review. 15. OTHER BUSINESS CONTD. b) Brooks Referral Area Structure Plans The Development Control Officer provided background information on the Brooks Referral Area Structure Plans. Staff feels that the plans should be rescinded in order to facilitate the creation of a new Intermunicipal Development Plan with the City of Brooks by ORRSC. Discussion followed regarding the usefulness of Area Structure Plans. It was decided that concept plans will be more useful than statutory documents such as ASPS. Pre-zoning land in a way that will still be applicable in the future is very hard to do, as no one knows what will happen over the next 10, 20 or 30 years. The IMDP will not pre-zone land as ASPS have done in the past. Rather, the IMDP will focus on the urban fringe zone. Suggestions for future zoning will be included. The IMDP will also include guidelines for the processes that will be used by the County and the City when working together in the urban fringe district. P-179/07 MOVED BY COUNCILLOR I. SCHROEDER that the Municipal Planning Commission recommend to Council that By-laws 1378-02, 1379-02, 1449-04, 1450-04, 1451-04, and 1452-04 adopting the Brooks Referral Area Structure Plans be rescinded, and that the plans be accepted as information. MOTION CARRIED 16. POST AGENDA There were no post agenda items, but at this time MPC decided to further discuss the Lake Newell Water Condition, item 6b. The CAO will schedule a meeting with the developer to determine exactly what the developer has done to the water treatment plant. Other issues discussed included who should be responsible to tell the owners about the water situation, the water license, and the current development agreement. The County Planner recommended seeking legal advice. 17. IN CAMERA ITEMS There were no in camera items. 18. QUESTION PERIOD _ Councillor Daniels asked the Development Control Officer whether or not a letter regarding the 1979 Mobile Home had been sent to the owner. The December 28, 2007 Municipal Planning Commission Page 6 Development Control Officer indicated that the letter had been sent. ,-- The Development Control Officer informed the Board about the plans for his vacant seat. Until a suitable candidate is found, the administrative secretary will be handling the front counter questions from Ratepayers. The CAO asked the County Planner if ORRSC would be able to provide a staff member to us for a few days per week, however at this time, ORRSC does not really have the manpower to supply that type of service. ORRSC would prefer that the Development position stay at the County office. Therefore, the administrative secretary will take development applications and generate the necessary documents. ORRSC will be available to review these documents, and will act as a consulting service to the County's development department. This service will be included in the fees already being paid by the County. 19. INFORMATION ITEMS None 20. AD70URN P-180/07 MOVED BY COUNCILLOR W. DANIELS that the meeting adjourn at 1:54 p.m. MOTION CARRIED December 18, 2007 Municipal Planning Commission Page 7 ` S' CH