Loading...
HomeMy WebLinkAbout2008-03-25 Municipal Planning Commission (Regular) MinutesCOUNTY OF NEWELL NO. 4 MUNICIPAL PLANNING COMMISSION MEETING March 25, 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, March 25, 2008 commencing at 10:00 a.m. MEMBERS PRESENT: W. Daniels, Councillor ]. Harbinson, Councillor S. Evans, Councillor A. Eastman, Councillor B. De]ong, Councillor M. Douglass, Councillor H. Wutzke, Councillor A.M. Philipsen, Councillor I. Schroeder, Councillor R. Andrews, Councillor STAFF: D. Horvath, Planner - ORRSC B. Keith, Assistant Administrator A. Wickert, Development Control Officer D. Sutter, Administrative Secretary OTHERS IN ATTENDANCE: Ben, Dan, and Candyce Plumer, DP #3176 Jake and Joanne Veenstra, 2008-0-056 Cory Baksa, DP #3178 Gord Shaw & Terry Welsh, DP #3177 CALL TO ORDER The Chairman called the meeting to order at 10:00 a.m. 2. EXCUSED FROM MEETING P-28/08 MOVED BY COUNCILOR S. EVANS that B. McKellar and S. Swenson be excused from the meeting. MOTION CARRIED 3. MINUTES a) February 26, 2008 P-29/08 MOVED BY COUNCILLOR ). HARBINSON that the minutes of the February 26, 2007 Municipal Planning Commission meeting be adopted as presented. MOTION CARRIED - 4. CALL FOR POST AGENDA ITEMS a) Letter from Public Works re: 2008-0-056 5. ADOPTION OF AGENDA P-30/08 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 County Planner indicated that she had sent a letter to Mr. Strom outlining the information the Municipal Planning Commission would like to see. The County Planner will follow up with a phone call to Mr. Strom. b) Land Use Bylaw Review This item will be brought back to the April 29th MPC meeting. 7. COUNCIL & S.D.A.B. REPORT There was no report this month. Councillor Daniels excused himself from the meeting at 10:10 a.m. 8. DEVELOPMENT REPORT -FEBRUARY 26 -MARCH 19, 2008 P-31/08 MOVED BY COUNCILLOR R. ANDREWS that the Development Report be accepted. Councillor Daniels re-entered the meeting at 10:13 a.m. MOTION CARRIED 9. CORRESPONDENCE There was no correspondence to be presented at this meeting. 10. SUBDIVISIONS b) #2008-0-069 - NE 12-16-14-W4M Joel & Ellis Kropf (Owner/Applicant) To subdivide a 2.81 acre (1.14 Ha) vacant parcel from a quarter section that can be considered unsubdivided. March 25, 2008 Municipal Planning Commission Page 2 .- The County Planner provided background information on the proposed subdivision. P-32/08 MOVED BY COUNCILLOR I. SCHROEDER that the Municipal Planning Commission APPROVE subdivision #2008-0-069, subject to the following conditions: 1. That all outstanding property taxes be paid. 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) #2008-0-081 - NE 18-20-15-W4M Rocky Parker (Owner) / Connie Peterson (Applicant) To subdivide a 3.76 acre (1.52 Ha) vacant parcel from a quarter section. The County Planner provided background information on the proposed subdivision. P-33/08 MOVED BY COUNCILLOR M. DOUGLASS that the Municipal Planning Commission APPROVE subdivision #2008-0-081, subject to the following conditions: 1. That all outstanding property taxes be paid. 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 11. AGRICULTURAL SUPPORT SERVICE & HOME OCCUPATION PERMITS There were no Agricultural Support Service or Home Occupation Permits at this meeting. 12. STATUTORY PLANS -NEW & AMENDMENTS The County Planner distributed a summary of the Subdivision statistics since ORRSC started providing our planning services. The statistics were divided based on whether they were done before or after the adoption of the new Land Use Policies. The County Planner also provided 2 proposed subdivision policies that the Board may want to consider adding to the Land Use Policies regarding subdivision of existing small agricultural titles and urban fringe uses. The proposed subdivision policies will be further discussed when the Land Use Bylaw review is completed at the April 29th MPC meeting. 13. DEVELOPMENT PERMITS a) Permit #3174 -Plan 781 0394, Lot 3, NE 34-19-14-W4M Cheryl Laffin (Owner /Applicant) Steel Accessory Building The Development Control Officer provided background information on .- the proposed permit. Councillor Philipsen raised concern regarding the possibility of such a building eventually being used to operate a commercial operation. However, condition 2e states that the property is March 25, 2008 ~ Municipal Planning Commission Page 3 not to be used for conducting a business or commercial operation -- without first applying for the required permits, so no business activity is being approved at this time. P-34/08 MOVED BY COUNCILLOR I. SCHROEDER that the Municipal Planning Commission APPROVE Development Permit #3174, as the applicant is intending to use this building to prevent her property from becoming an unsightly premise. The Development Officer recommends that the Municipal Planning Commission APPROVE Development Permit # 3174 and grant approval for the installation of a new 3850 ft2 (357.67 mz) steel structure where the following conditions are required prior to commencement of construction, final approval and issuance of this permit: This permit is being granted only for the installation of a new 3850 ftZ (357.67 mz) steel structure, on lands described as Lot 3, Plan 781 0394. 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 Country Residential 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. 2) The developer working with the EID to ensure the proposed structure does not impact on the buried irrigation pipeline. And subject to the following conditions: 3) The developer ensuring: a. that no part of the building or structure is located within 100 ft (30.5 m) from the right-of-way of any local road. b. that the proposed building is placed on a permanent foundation within six months from the date of approval. c. 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. d. the site is graded so that storm water does not drain onto adjoining properties. e. the property is not used for conducting a business or commercial operation without first applying for the required permits. 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 occurs as a result of this use. b) Permit #3175 -Plan 971 1628, Block 5, Lot 6, SW 10-19-14-W4 Thomas Martin (Owner/Applicant) March 25, 2008 Municipal Planning Commission Page 4 ..- Build a new garage -variance to side yard; exterior home improvements The Development Control Officer provided background information on the proposed permit. A picture of the proposed building was circulated around the table. P-35/08 MOVED BY COUNCILLOR H. WUTZKE that the Municipal Planning Commission APPROVE Development Permit # 3175 and allow the side yard variance for the installation of a new 1440 ftz (133.78 mZ) 2-storey Gambrel Roof Garage, and exterior house improvements, where the following conditions are required prior to commencement of construction, final approval and issuance of this permit: This permit is being granted for the installation of a new 1440 ftz (133.78 m2) 2-storey Gambrel Roof Garage, along with exterior improvements to the house (new siding, replacing the rear deck and replacing the front and rear steps), on lands described as Lot 6, Block 5 Plan 971 1628. 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 Country Residential 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. And subject to the following conditions: `~ 2) The developer ensuring: b. that the following setbacks are maintained for this development: Front -100 ft (30 m)* Rear 20 ft (6.1 m)** Side (southeast and west) - 10 ft (3.0 m)*** Side (west) - 10 ft (3.0 m)** * Minimum distance to be maintained from public road ROW or highways. **Minimum distance to be maintained from subdivision or service roads or other lot lines. ***Requested variance c. that there is a 2 m (6.6 ft.) separation distance between the new building and any proposed accessory buildings. d. that 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 exceeds the standard of, other buildings in the vicinity. e. that the site is graded so that storm water does not drain onto adjoining properties. f. that the property is not used for conducting a business or commercial operation without first applying for the required permits. g. that there is proper and legal access provided to the property. h. that the property is maintained to the satisfaction of the Development Officer. i. that construction materials, supplies and equipment are stored on the property and not on the public roadway. j. that there is continuous clean up of construction debris tracked onto the public roadway where access is provided to the property. .- k. that all outdoor garbage containers are stored in weatherproof and animal-proof containers and are covered and screened from the public roadways. March 25, 2008 Municipal Planning Commission Page 5 I. that all hazardous waste materials are properly disposed of in regulated facilities m. that no contamination of soil, surface water or groundwater occurs as a result of this use. n. that the proposed accessory building is not used for living purposes MOTION CARRIED 14. OTHER BUSINESS a) Community Planning Association of Alberta 2008 Conference and Education Session Councillor Philipsen indicated that she would like to attend the conference. The County Planner indicated that in the past this conference has been very informative. 15. POST AGENDA a) Letter from Public Works re: 2008-0-056 This letter will be included in the discussion about 2008-0-056. 16. IN CAMERA ITEMS There were no in camera items. 17. QUESTION PERIOD Councillor Schroeder inquired about the SDAB hearings that had been settled outside of a hearing. The County Planner provided background information on the appeals that were withdrawn, indicating that she had been able to negotiate with Alberta Transportation. Councillor Harbinson inquired about why the D.A. Dick item was discussed in-camera at the last Council meeting. Councillor Daniels responded to Councillor Harbinson's question stating that the CAO had indicated that because the process was being discussed, and no decision was made regarding the proposed permit, being in-camera was appropriate. 18. INFORMATION ITEMS a.) NRCB Application #LA 08003 (Tracy & Michelle Hemsing) -Request for Comments on Confined Feeding Operation Councillor Daniels clarified the Development Control Officer's report stating that the access is actually off of Range 14 Road 2, not Secondary Highway 530. The Development Control Officer asked the Board whether or not they would like to continue receiving these NRCB circulations in the format that she provided for this agenda package. The Board indicated that they would like the Development Control Officer to continue using this format. Councillor Philipsen inquired about who the NRCB is required to send referrals to and whether or not the EID was notified of this proposed development. The County Planner indicated that the EID is not a mandatory referral of the NRCB, so we should include something regarding contacting the EID in our response if we would like the NRCB to March 25, 2008 Municipal Planning Commission Page 6 ~~ ,.-. have the EID's input about the drain ditch and groundwater in the area. The Development Control Officer was directed to write a letter back to the N RCB. 13. DEVELOPMENT PERMITS CONT'D Arrived at Meeting Ben and Dan Plumer arrived at 11:04 a.m. c) Permit #3176 - Ptn. SE 19-20-14-W4M Daniel &Candyce Plumer (Owner/Applicant) Remove and replace existing house with RTM house Introductions were made around the table. Ben and Dan Plumer provided background information on the proposed permit. They indicated that B. Plumer is purchasing D. Plumer's home that is going to be replaced with the RTM house applied for in Permit #3176. In order to ensure that the proper permits are in order for B. Plumer, the delegation would like the home that D. Plumer is moving out to be allowed to stay on the property until B. Plumer has received his approval. The Board decided to add a condition to reflect the home staying on the parcel while B. Plumer is getting the necessary permits. Arrived at Meeting Candyce Plumer arrived at 11:11 a.m. P-36/08 MOVED BY COUNCILLOR R. ANDREWS that the Municipal Planning '^ Commission APPROVE Development Permit #3176 and grant approval to replace an existing home with an RTM home in accordance with Schedule 4, Section 5 (a) of the Land Use Bylaw No. 1626-07. The Development Officer recommends that Development Permit #3176 be granted subject to the following conditions: 1) This permit is being granted for the removal and replacement of an existing house with aReady-to-move (RTM) house on lands described as Ptn. SE-19-20-14-W4. 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 Agricultural District. c. any concerns put forth by the County Of Newell Public Works Department. d. any concerns put forth by the Eastern Irrigation District. 3) The developer ensuring: a. The developer ensuring this development is located as shown on the site plan approved in this application and submitted February 29, 2008. Any changes to that plan shall require the written approval of the Development Officer. b. The developer ensuring an adequate supply of water is provided for domestic use. c. The developer ensuring there is proper and legal access provided to the property. .~- d. The developer ensuring the site is graded so that storm water does not drain onto adjoining properties. March 25, 2008 Municipal Planning Commission ~ / Page 7 e. The developer ensuring construction materials, supplies and equipment are stored on the property and not on the public roadway. f. The developer ensuring the continuous clean up of construction debris tracked onto the public roadway where access is provided to the property. g. The developer ensuring the property is not used for conducting a business or commercial operation without first obtaining the required permits. h. The developer ensuring there is no contamination of soil, surface water or groundwater from this use. i. The developer ensuring all hazardous waste materials are properly disposed of in regulated facilities. j. The developer ensuring that the proposed building is placed on a permanent foundation within six months from the date of approval. k. The developer ensuring the existing residence be removed completely from the existing site. I. The developer ensuring the RTM residence is used exclusively for the purpose proposed in this application. m. The developer being responsible for all costs associated with the modification of water and sewer services to provide service to the dwelling. All this work shall be to the satisfaction of the County of Newell Public Works Department. n. The developer ensuring that the existing home is removed within 1 year of the effective date of this permit (April 22, 2009). Over the course of the year, the existing house may remain on blocks at the current property. The existing house must be fenced. MOTION CARRIED Left the Meeting Ben, Candyce and Ben Plumer left at 11:14 a.m. Arrived at Meeting Jake and Joanne Veenstra arrived at 11:16 a.m. 10. SUBDIVISIONS CONT'D a) #2008-0-056 - SW 9-18-14-W4M Jake Veenstra (Owner/Applicant) To subdivide a 28.51 acre (11.53 Ha) portion of the SW 9-18-14-W4 parcel to create 14 lots of various sizes for Country Residential use. The County Planner provided background information on the proposed subdivision. She provided the Board with an overview of the comments received from the referral agencies and from an adjacent landowner. Alberta Transportation has asked for a Traffic Impact Assessment and that the access point be moved to the North quarter line. The Public Works Department has indicated that they would like a storm water management study to be done. Councillor Daniels inquired about the existence of the natural drain on the property. Mr. Veenstra indicated that the majority of the drainage will make use of the natural drain. March 25, 2008 ~ Mnnicipal Planning Commission Page 8 .•- A letter submitted by an adjacent land owner was included in the subdivision back-up information. P-37/08 MOVED BY COUNCILLOR M. DOUGLASS that the Municipal Planning Commission APPROVE subdivision #2008-0-056, subject to the following conditions: 1. That the 10% reserve requirement be provided as money in place of land on the 28.51 acres at the market value of $1,910 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. 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 an engineered drainage/storm water management plan, prepared by a certified professional, be submitted and deemed acceptable by the Subdivision Authority, to indicate the drainage patterns, how run-off will be dealt with, and to account for the 1-in-100 year storm. 5. An approved sewage disposal system is required for any developments of the residential parcels. To determine the suitability of the site for a private sewage system a site evaluation should be conducted by a certified professional, which includes but is not limited to classification and percolation rates of soil to establish the types and sizes of systems that may be used for treatment and disposal, and the existence and distance to limiting barriers in the soil such as an impervious layer or high water table. The report shall be submitted and deemed acceptable by the Subdivision Authority. 6. That the final Plan of Survey to be registered at Land Titles shall dedicate on the plan roads for access to the lots which are to become public County of Newell roads. The details, specifications and standards for the construction of the road as dedicated will be as per the Development Agreement with the County of Newell No. 4 with all costs to be at the applicant of owners expense. 7. That the 10.0 meter easement as required by Alta Link Management Ltd. shall be established prior to finalization of the application and is to be registered simultaneously with the legal plan of the subdivision 8. That the access to the proposed subdivision is relocated to the north quarter line and that the subdivision design concept is revised to reflect the new access point. 9. That a Traffic Impact Assessment (TIA) be prepared, by a qualified transportation professional and reviewed by Alberta Infrastructure and Transportation, and be submitted and deemed acceptable by the Subdivision Authority. 10. That the applicant submit a Fire Management Plan, prepared at their expense to the satisfaction and approval of the County of Newell No. 4 which shall include the details of the proposed water system and fire protection plan including engineered drawings. This plan may include the signing of an agreement with the County which may make reference to the provision that any water system shall remain a private system to be constructed and maintained by the applicant or owner(s) at their expense, and the County shall not take ownership of the system. MOTION CARRIED .- Left the Meeting Jake and Joanne Veenstra left at 11:28 a.m. March 25, 2008 ~ Municipal Planning Commission Page 9 13. DEVELOPMENT PERMITS CONT'D Arrived at Meetin4 Cory Baksa arrived at 11:30 a.m. e) Permit #3178 -Plan 071 3501, SE & SW 5-19-15-W4M D.A. Dick (Owner) /Cory Baksa for Matt Smids (Applicant) Permanent Business Permit -Welding and Repair Business The County Planner provided background information on the proposed development permit. She provided additional information about the direct control zoning of the parcel. Ms. Baksa then provided further information indicating that the application submitted was actually for the swabbing company, not the welding business that the back-up information refers to. The Board decided that the permit would be considered based on being for a welding and repair shop. The County Planner suggested adding a condition stating that the owner of the business resides in the dwelling on the property. Ms. Baksa would like the Board to provide Mr. Dick with some direction as far as how they see this parcel in the future. The County Planner then brought up the issue of hours of operation of a business in a residential area and the fact that permanent permits are just as easy to enforce as temporary permits. Ms. Baksa further inquired as to why the report was not able to be made available to her before the meeting. The County Planner indicated that a staff report is not public knowledge until the day of the meeting. Further attention was drawn to the fact that the application submitted by Ms. Baksa is in conflict with the report written by the Development Control Officer. Matt Smids (the applicant that Ms. Baksa is the agent for) is the owner of the swabbing business, not the welding business as stated in the report. Councillor Harbinson made reference to the way that the number of trucks on the parcel would be policed. P-38/08 MOVED BY COUNCILLOR H. WUTZKE that the Municipal Planning Commission recommend to Council that Development Permit #3178 for a welding business be approved subject to the same conditions as a Home Occupation 3 permit with the exception that it will be a permanent permit. MOTION CARRIED Left the Meetino Cory Baksa left the meeting at 12:02 p.m. LUN H The Committee RECESSED for lunch at 12:03 p.m. and RECONVENED at 12:59 p.m. 13. DEVELOPMENT PERMITS CONT'D Arrived at Meeting Gord Shaw & Terry Welsh arrived at 1:00 p.m. d) Permit #3177 -Plan 961 1163, NE 20-18-14-W4M Eastern Irrigation District (Owner) /City of Brooks (Applicant) New Multi-Use Facility -variance to setback from local road March 25, 2008 Municipal Planning Commission Page 10 •- Introductions were made around the table. The Development Control Officer provided background information on the proposed development. Mr. Welsh indicated that a variance to the local road is no longer required. The building will meet all municipal setbacks. The Development Control Officer asked for direction about whether or not the application fee would be waived as per the request from the applicant. P-39/08 MOVED BY COUNCILLOR 7. HARBINSON that the Municipal Planning Commission APPROVE Development Permit #3177 grant approval for the applicant to build a new 54,251 ft2 (5040 mz) multi-use facility. The Development Officer recommends that Development Permit #3177 be granted subject to the following conditions: This permit is being granted only for the construction of a new 54,251 ft2 (5040 m2 multi-use facility, on lands described as Plan 961 1163, NW 20-18- 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 Country Residential 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. And subject to the following conditions: 2) The developer ensuring: `'^ a. The developer ensuring this development is located as shown on the site plan approved in this application and submitted March 3, 2008. Any changes to that plan shall require the written approval of the Development Officer. b. The developer ensuring the design, character and appearance of the proposed building and addition are consistent with other buildings in the vicinity. c. The developer ensuring an adequate supply of water is provided for domestic use. d. The developer ensuring there is proper and legal access provided to the property. e. The developer ensuring the site is graded so that storm water does not drain onto adjoining properties. f. The developer ensuring construction materials, supplies and equipment are stored on the property and not on the public roadway. g. The developer ensuring the continuous clean up of construction debris tracked onto the public roadway where access is provided to the property. h. The developer ensuring there is no contamination of soil, surface water or groundwater from this use. i. The developer ensuring all hazardous waste materials are properly disposed of in regulated facilities. j. The developer ensuring all outdoor garbage containers are stored in weatherproof and animal-proof containers and are covered and screened from the public roadways. k. The developer ensuring access can be provided for Emergency Services vehicles to all sides of the building. ,~-- I. The developer being responsible for all costs associated with the modification of water and sewer services to provide service to the dwelling. All this work shall be to the satisfaction of the County of Newell March 25, 2008 Municipal Planning Commission Page 11 Public Works Department. The developer shall contact the Public Works Department, prior to backfilling, to review all connections. The developer shall also be responsible for the restoration of the street, to the satisfaction of the Superintendent of Public Works, when these services are installed. m. The developer ensuring landscaping of the property is complete within two years from the date of approval. P-40/08 MOVED BY COUNCILLOR H. WUTZKE that the Municipal Planning Commission recommend to Council that the application fee or Development Permit #3177 be waived. MOTION CARRIED 19. AD7OURN P-41/08 MOVED BY COUNCILLOR S. EVANS that the meeting adjourn at 1:06 p.m. MOTION CARRIED March 25, 2008 Municipal Planning Commission Page 12