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Home My WebLink About2008-01-29 Municipal Planning Commission (Regular) Minutes~_. ,^ COUNTY OF NEWELL NO. 4 MUNICIPAL PLANNING COMMISSION MEETING 7anuary 29, 2008 The regular Municipal Planning Commission Meeting of the County of Newell No. 4 was held in the County Office at Brooks, AB on Tuesday, January 29, 2008 commencing at 10:00 a.m. MEMBERS PRESENT: W. Daniels, Councillor J. 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: D. Horvath, Planner - ORRSC K. Stephenson, Chief Administrative Officer ~ ` A. Wickert, Development Control Officer D. Sutter, Administrative Secretary OTHERS IN ATTENDANCE: Cory Baksa, Subdivision 2008-0-004, Item lOd R. Dunham, Proposed Road Closure, Item 14d Marcus Fitzgerald, Q-13 Fox Radio Alex McCuaig, Brooks Bulletin 1. CALL TO ORDER The Chairman called the meeting to order at 10:00 a.m. The Chairman then introduced the new Development Control Officer, Alyce Wickert to the Board. Introductions were made around the table by the Board Members. 2. EXCUSED FROM MEETING All members were present. 3. MINUTES ~ a) December 18, 2007 The following change was noted: .~~~~ Page 4 -Motion 175/07 wording was changed to: MOVED BY COUNCILLOR W. DANIELS that an amendment to change the wording from "Country Residential Use" to "Agricultural Use" be made. P-1/08 MOVED BY COUNCILLOR B. de ]ONG that the minutes of the December 18, 2007 Municipal Planning Commission meeting be adopted as amended. MOTION CARRIED 4. CALL FOR POST AGENDA ITEMS The Chairman called for post agenda items. 5. ADOPTION OF AGENDA P-2/08 MOVED BY COUNCILLOR H. WUT2KE 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. Councillor Wutzke requested that the Development Control Officer and the County Planner contact the consultant for an update on the status of this development permit. 7. COUNCIL 8r S.D.A.B. REPORT The County Planner provided the S.D.A.B. Report for the month. The County Planner informed the Board that there are currently three appeals to the Municipal Government Board, 2007-0-341, 2007-0-402 & 2007-0-403, and 2007-0-468. P-3/08 MOVED BY I. SCHROEDER that the Council and S.D.A.B. Report be accepted. MOTION CARRIED 8. DEVELOPMENT REPORT -DECEMBER 12 - ]ANUARY 21. 2008 P-4/08 MOVED BY A. EASTMAN that the Development Report be accepted. MOTION CARRIED 9. CORRESPONDENCE a) Letter from Industry Canada Re: Guide to Assist Land-use Authorities in Developing Antenna Siting Protocols C` January 29, 2008 Municipal Planning Commission Page 2 ~'/ ,~ The letter was presented to the Board as information regarding antenna siting protocols. Councillor Schroeder inquired as to whether or not we need something regarding antenna placement in our Land Use Bylaw. The County Planner stated that she will add antenna placement to the list of topics to review in the Land Use Bylaw. Bruce McKellar stated that we should be sure to check into this topic on our own before adding anything to the Land Use Bylaw as the letter seemed vague regarding specific instructions for antenna placement. 10. a) #2007-0-476 - SW 23-21-16-W4M, Division 7 Irvin & Wanda Lepp (Owner/Applicant) To subdivide an approximate 7.0 Acre (2.83 Ha) vacant parcel from an unsubdivided quarter section legally known as SW 23-21-16-W4M. The County Planner provided background information on the proposed subdivision. She indicated that the application had to be re-circulated as the applicant changed the size of the parcel that they would like to be subdivided. Councillor Schroeder inquired about making sure that no part of the pivot will pass over the new parcel. The County Planner added this as an informative on the resolution. P-5/08 MOVED BY COUNCILLOR A. EASTMAN that the Municipal Planning Commission APPROVE subdivision #2007-0-476, 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 Arrived at Meetino Ms. Baksa arrived at 10:16 a.m. d) #2008-0-004 - SE 29-17-13-W4M, Division 2 Dennis & Kathy Will (Owners) /Cory Baksa (Applicant) To subdivide an approximate 3.21 acre (1.3 Ha) vacant parcel from an unsubdivided quarter section legally known as SE 29-17-13-W4M. The County Planner provided background information on the proposed subdivision. Arrived at Meeting Councilor Daniels arrived at 10:18 a.m. P-6/08 MOVED BY COUNCILLOR I. SCHROEDER that the Municipal Planning 'Commission APPROVE subdivision #2008-0-004, subject to the following conditions: 1. That all outstanding property taxes shall be paid to the County of Newell. ,--. ~~ ~~~ January 29, 2008 Municipal Planning Commission Page 3 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 Ms. Baksa left the meeting at 10:21 a.m. b) #2007-0-499 - SE 15-20-14-W4M, Division 8 Janice Vian (Owner/Applicant) To subdivide a previously subdivided quarter section to create one new parcel for Country Residential use. The County Planner provided background information on the proposed subdivision. Councillor de Jong inquired about the distance the parcel is from the Dairy Farm to the North. The County Planner informed the Board that the subdivision is outside of the minimum distance separation a residential parcel is required to be from an intensive livestock operation. P-7/08 MOVED BY COUNCILLOR B. de 70NG that the Municipal Planning Commission APPROVE subdivision #2007-0-499, subject to the following conditions: 1. That the 10% reserve requirement be provided as money in place of land on the 4.86 acres at the market value of $6327 per acre with the actual acerage and amount to be paid to the County of Newell No. 4 municipal reserve. 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 Arrived at Meeting Councillor Harbinson arrived at 10:29 a.m. 14. OTHER BUSINESS d) Road Closure -Bernice & Robert Dunham -Hamlet of Millicent The Board discussed the proposed road closure. Board members seemed to remember something else happening with the same lot in the past, and asked the Development Control Officer to check into the history further. The Board would also like to have input from Public Works regarding potential drainage problems that may have been reported in the past. The County Planner suggested listening to the applicant and then going to Public Works for more information before moving forward with the process. Arrived at Meeting Mr. Dunham arrived at 10:34 a.m. Mr. Dunham indicated that the laneway is currently used as an access to their garage. The applicant would like to close and purchase the laneway danusry 29, 2008 Municipal Plauuiug Commission Page 4 ,, ,,._ in order to square off their property. The Board asked if there was a dinosaur gas line on or near the laneway. Mr. Dunham indicated that the gas line had been cut-off. Mr. Dunham left the meeting at 10:47 a.m. The Board decided to approach Public Works and t•Ind out more about the history of the road closure before recommending that it be brought to Council for first reading. P-8/08 MOVED BY COUNCILLOR A. EASTMAN that this proposed road closure be TABLED until more information is obtained on the history of the lot and Public Works is contacted. MOTION CARRIED 10. SUBDIVISIONS CONTD. c) #2007-0-504 -Block X, Plan 6336 AF & NE 24-17-13-W4M, Division 2 Board of the Eastern Irrigation District (Owner) /George Munro, Focus Surveys (Applicant) To reconfigure two existing titles, legally known as a portion of Block X, Plan 6336 AF and a portion of the NE 24-17-13-W4M, to create two parcels approximately 1.17 acres (0.47 Ha) and 9.34 acres (3.78 Ha) and dedicate a canal right-of-way. ~'"' The County Planner provided background information on the proposed subdivision. The County Planner informed the Board that the land has not been annexed yet, but that the annexation process is supposed to start once the subdivision is completed. P-9/08 MOVED BY COUNCILLOR I. SCHROEDER that the Municipal Planning Commission APPROVE subdivision #2007-0-504, subject to the following conditions: 1. That the 10% reserve requirement on 8.17 acres be deferred by caveat for Municipal Reserve purposes on the title of the remainder of Block X, Plan 6336 AF. 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) #2008-0'-005 - NE 16-21-17-W4M, Division 6 Phyllis Andrus (Owner /Applicant) To subdivide an approximate 6.1 acre (2.47 ha) parcel form a quarter section legally known as NE 16-21-17-W4M. The County Planner provided background information on the proposed subdivision. •-- January 29, 2008 Municipal Planning Commission Page 5 P-10/08 MOVED BY COUNCILLOR S. EVANS that the Municipal Planning Commission APPROVE subdivision #2008-0-005, 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 f) #2008-0-010 - SW 29-21-14-W4M, Division 8 Cheryl Hyland (Owner /Applicant) To subdivide an existing 80 acre (32.4 Ha) parcel for country residential use. The County Planner provided background information on the proposed subdivision. Councillor Daniels inquired about a question on the application form where the applicant indicated that she was going to have a mobile home moved. The County Planner stated that she uses the question to determine whether or not the parcel to be subdivided is vacant or not. The County Planner indicted that unless removing the mobile home is one of the conditions for the finalization of the subdivision, that there is nothing to force the applicant to remove the mobile home. The Board asked the County Planner why the parcel being subdivided is only 80 acres to start in size. The County Planner stated that she was not sure, but that the plan number for the parcel used old conventions, so the parcel has been 80 acres for quite some time. P-11/08 MOVED BY COUNCILLOR H. WUTZKE that the Municipal Planning Commission APPROVE subdivision #2008-0-010, subject to the following conditions: 1. That the 10% reserve requirement be provided as money in place of land on the 7.41 acres at the market value of $3625 per acre to the County of Newell No. 4 Municipal Reserve. 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. 4. That the applicant submit to the Subdivision Authority a copy of a sketch from an Alberta Land Surveyor that certifies the location and dimensions of the existing buildings and the exact dimensions of the lot to be subdivided. MOTION CARRIED 11. AGRICULTURAL SUPPORT SERVICE a~ HOME OCCUPATION PERMITS a) Home Occupation #175 -RENEWAL Rodney & Corrine Schmidt (Owners) / RamRod (Applicant) Lot 1, Block 1, Plan 951 2595, SW 9-19-14-W4M, Divisio General Contracting /Construction Business January 29, 2008 Municipal Plaaning Commission 4 Construction n10 Page 6 ;' ~~; r-- r The Administrative Secretary provided background information regarding the proposed renewal of this permit. P-12/08 MOVED BY COUNCILLOR H. WUTZKE that the Municipal Planning Commission APPROVE Home Occupation Permit #175 (renewal) and grant a 3-year temporary permit to operate as a general contracting/construction business. The Development Officer recommends that Home Occupation Permit #175 be granted subject to the following conditions: 1) This temporary permit is being granted for the operation as a general contracting/construction business on lands described as Lot 1; Block 1, Plan 951 2595, ptn SW 9-19-14-W4M. Any additional development shall require prior approval of a separate permit application. And subject to the following conditions: 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 Urban Fringe District. c. any concerns put forth by the County Of Newell Public Works Department. d. any concerns put forth by the City of Brooks. e. any concerns put for by Alberta Infrastructure and Transportation. f. Any concerns put forth by Alberta Environment. 3) The developer ensuring: a. The developer ensuring that this use shall not affect the residential use of the property or adjacent properties in the area. --- b. The developer ensuring there is proper and legal access provided to the property. c. The developer ensuring the property is maintained to the satisfaction of the Development Officer. d. The developer ensuring construction materials, supplies and equipment are stored on the property and not on the public roadway. e. The developer ensuring the continuous clean up of construction debris tracked onto the public roadway where access is provided to the property. f. The developer ensuring there is no contamination of soil, surface water or groundwater from this use. g. The developer ensuring all outdoor garbage containers are stored in weatherproof and animal-proof containers and are covered and screened from the public roadways. h. The developer ensuring that no noise, vibration, smoke, or dust, which may affect adjacent land owners is created. i. The developer ensuring that the number of non-resident employees working on-site does not exceed two. j. The developer ensuring that the total number of commercial vehicles does not exceed two. k. The developer ensuring that there is adequate parking space for this use. MOTION CARRIED 12. STATUTORY PLANS -NEW 8c AMENDMENTS _ ~ ~^ There were no statutory plans to review at this meeting. ; ~, -~ January 29, 2008 Municipal Planning Commission Page 7 13. DEVELOPMENT PERMITS a) Permit #3165 -Lot 12, Block 1, Plan 831 0857, SW 5-18-14-W4M, Division 5 Dennis Bouchard (Owner /Applicant) Single Family Dwelling with an attached garage -variance to front and rear setbacks The Administrative Secretary provided background information on the proposed permit. The Board expressed concern over the front yard being under the 10 foot minimum size that is required by the Land Use Bylaw. The County Planner agreed with the Board's concern over the distance that the residence would be from the public roadway. The Development Officer was directed to inform the applicant of the concern over the variance required for the front yard setback, and to ask him to increase the distance the house will be from the road. The Development Officer was also directed to find out whether the road is owned by the County or by Mr. Redelback. P-13/08 MOVED BY COUNCILLOR ]. HARBINSON that the Municipal Planning Commission TABLE Development Permit #3165 and grant a permit to construct asingle-family dwelling unit with attached garage with variances of 0.64m (2.1 ft) to the front-yard setback and 3.Om (9.8 ft) to the rear-yard setback. MOTION CARRIED 14. OTHER BUSINESS CONTD. a) NRCB Application - Springside Hutterian Brethren The Administrative Secretary informed the Board that the NRCB had sent a letter regarding an application that they received to build a slurrystore. The Administrative Secretary asked the Board if they had any comments with regards to the proposed development. No comments were added to those presented by the Administrative Secretary. b) Bantry Bay Concept Plan - E ~/2 32-17-14-W4M, Randy Ftichar /Homes by Us The County Planner informed the Board that the Developer would like to present his Area Structure Plan to either MPC or Council and asked the Board where they would prefer to see the presentation. The board decided that they would like to see the presentation at MPC. c) Road Closure -Robert & Lois Schmidt - Ptn. NE 9-20-13-W4M & Ptn. NW 10-20-13-W4M The County Planner suggested that the technical manager of Public Works' idea to try and purchase the EID road diversion is a good option. The Board seemed to be in support of the applicant in the closing of the portion of road that runs through the East part of the Schmidt's property. The County Planner and the Development Officer were directed to look into the EID right of way and road diversion, and to check whether or not it was possible to purchase the property from the January 29, 2008 Municipal Planning Commission Page 8 EID or not. The applicant should also be contacted to determine whether or not they would like to purchase the other piece of right of way that crosses their land, if the County is able to be purchase it from the EID. 15. POST AGENDA There were no post agenda items to discuss at this meeting. 16. IN CAMERA ITEMS There were no in camera items. 17. QUESTION PERIOD Councillor Daniels inquired how much the letter of credit is worth for the Lake Newell subdivision. Councillor Daniels also asked about the status of the Caveat Agreement. The Administrator informed the Board what the value of the letter of credit currently held by the County was, and stated that the Caveat Agreement has been drawn up, but not finalized. 18. INFORMATION ITEMS a) Proposed Subdivision, Wheatland County, SE 6-25-17-W4M ~ The Administrative Secretary provided background on the proposed subdivision in Wheatland County. The Administrative Secretary indicated that the County Planner had contacted Wheatland County and had included her comments in the memo included in the agenda package. The Board members did not have any other comments to add. 19. AD70URN P-14/08 MOVED BY COUNCILLOR I. SCHROEDER that the meeting adjourn at 11:54 a.m. •-- January 29, 2008 Municipal Planning Commission Page 9 MOTION CARRIED