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HomeMy WebLinkAbout2008-07-29 Municipal Planning Commission (Regular) MinutesCOUNTY OF NEWELL NO. 4 ''~ MUNICIPAL PLANNING COMMISSION MEETING 7uly 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, July 29, 2008 commencing at 10:00 a.m. MEMBERS PRESENT: W. Daniels, Councillor A. Eastman, Councillor B. De]ong, Councillor H. Wutzke, Councillor M. Douglass, Councillor A.M. Philipsen, Councillor I. Schroeder, Councillor B. McKellar, Member STAFF: L. Kuiper, Planner - ORRSC K. Stephenson, County Administrator A. Wickert, Development Control Officer D. Lester, Development Control Clerk OTHERS IN ~,,, ATTENDANCE: 1. CALL TO ORDER The Chairman called the meeting to order at 10:00 a.m. 2. EXCUSED FROM MEETING P-88/08 MOVED BY COUNCILOR H. WUTZKE that Councillor Harbinson, Councillor Andrews, Councillor Evans and S. Swenson be excused from the meeting. MOTION CARRIED 3. MINUTES a) June 24, 2008 P-85/08 -remove "to approve" P-89/08 MOVED BY COUNCILLOR M. DOUGLASS that the minutes of the June 24, 2008 Municipal Planning Commission meeting be adopted as amended. MOTION CARRIED ~';a~ 4. CALL FOR POST AGENDA ITEMS The Chairman called for post agenda items. 5. ADOPTION OF AGENDA P-90/08 MOVED BY COUNCILLOR A. EASTMAN that the agenda be adopted as amended. MOTION CARRIED 6. DEVELOPMENT REPORT -.TUNE 19 - ]uLY 22. 2008 P-91/08 MOVED BY COUNCILOR B. de .70NG that the Development Report be accepted. MOTION CARRIED 7. a) #2008-0-186 - NW 2-18-14-W4, Division 5 Brian & Line Koza (Owner/Applicant) To subdivide an approximate 8.15 Acre (3.30 Hectare) parcel from a quarter section. The County Planner provided background information on the proposed subdivision. No objections were filed by any agencies or adjacent land owners. - P-92/08 MOVED BY COUNCILLOR H. WUTZKE that the Municipal Planning Commission APPROVE subdivision #2008-0-186, subject to the following conditions: 1. That all outstanding property taxes shall be paid to the County of Newell. 2. That the applicant submit to the Subdivision Authority 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 b) 2008-0-206 - SW 16-21-16-W4M, Division 7 Ed Penner (Owner/Applicant) To subdivide an approximate 3.55 acre (1.44 hectare) vacant parcel from a quarter section that can be considered unsubdivided. The County Planner provided background information on the proposed subdivision. This parcel can be considered the first parcel out of the quarter section since the other parcel out was a cemetery. Therefore there are no municipal reserve requirements to satisfy. No objections were filed by any agencies or adjacent land owners. P-93/08 MOVED BY COUNCILLOR I. SCHROEDER that the Municipal Planning Commission APPROVE subdivision #2008-0-206, subject to the following conditions: 1. That all outstanding property taxes shall be paid to the County of - Newell. July 29, 2008 Municipal Planning Commission Page 2 ~u 2. That the applicant or owner enter into a road approach agreement this '"" the County of Newell and any required approach or road upgrades be constructed to the satisfaction of the County of Newell Public Works Department prior to finalization. 3. Any conditions of Alberta Transportation shall be completed prior to finalization. MOTION CARRIED c) 2008-0-219 -Lot 1, Block 1, Plan 941 0922, Ptn. NW 31-17-13-W4M, Division 2 Tyler Jenkins & Julie Kloepper (Owner/Applicant) To subdivide an existing 9.94 acre (4.02 hectare) parcel for country residential use. The County Planner provided background information on the proposed subdivision. P-94/08 MOVED BY COUNCILLOR A. EASTMAN that the Municipal Planning Commission APPROVE subdivision #2008-0-219, subject to the following conditions: 1. That the 10% reserve requirement be provided as money in place of land on the 9.94 acres at the market value of $2,060.00 per acre with the actual acreage and amount to be paid to the County of Newell No. 4 be determined at the final stage. 2. That all outstanding property taxes shall be paid to the County of Newell. 3. That the applicant enter into a road approach agreement with the .-. County of Newell and that any required approach or road upgrades be constructed to the satisfaction of the County of Newell Public Works Department prior to finalization. 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 8. AGRICULTURAL SUPPORT SERVICE & HOME OCCUPATION PERMITS a) Home Occ #144 -Renewal -Lot 5, Block 1, Plan 831 1352, NE 5- 20-14-W4M, Division 8 Bern & Donna Elsbett (Owner) /Elsbett Rural Water Supply (Applicant) Rural Water Hauling Business The Development Control Officer provided background information on the proposed home occupation permit renewal. Conversation followed regarding 3-year temporary permits and whether the Board should continue to issue only temporary permits or have the option to make some home occupation permits permanent. P-95/08 MOVED BY COUNCILLOR H. WUTZKE that the Municipal Planning Commission APPROVE a renewal of Home Occupation Permit #144 as a use that complies with the provisions of the Country Residential Land Use District and the Home Occupation requirements pursuant to the County of Newell Land Use Bylaw 1626-07, with a variance to allow 3 commercial ~^ vehicles to operate with the business, and subject to the following conditions: July 29, 2008 Municipal Planning Commission Page 3 ~~~~ ~~ This permit is being granted only for the renewal of Home Occupation 2 Permit #144 (Rural Water Hauling Service), on lands legally described as Lot 5, Block 1, Plan 831 1352, NE 5-20-14-W4M. 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 and Home Occupation - 2 requirements outlined in Schedule 13. c) All Alberta Building Codes where applicable. 2) The developer obtaining required permits which may pertain to electrical, heating & ventilation, gas and/or plumbing from an accredited inspection agency and providing copies of any permits to the Development Officer. 3) The developer obtaining a Roadside Development Permit from Alberta Infrastructure and Transportation. A copy of this permit must be submitted to the Development Officer. 4) The developer ensuring: a) That this development is located as indicated on the June 11, 2008 application, subsequently approved by MPC. Any changes shall require the written approval of the Development Officer. b) That this use does not affect the residential use of the property or adjacent properties and area. c) That the total number of non-resident, part time and full time employees involved with the said occupation, not exceed two (2), unless required for safety reasons. d) That no more than three (3) commercial vehicles licensed under this business are used in conjunction with the home occupation permit. No other commercial vehicles shall be permitted. e) That there is no advertising or display of produce being permitted on the property. f) That there is no noise, vibration, smoke, dust or odours derived from this business, which may negatively affect adjacent landowners or development. g) That there are adequate parking spaces available for this use: 1 per employees 1 for customers h) That there is no contamination of soil, surface water or groundwater from this use. i) This permit being valid for a time period of three (3) years from the date of approval, at which time it may be either renewed or revoked by the Development Authority under the provisions of Land Use Bylaw #1626-07, and amendments thereto. It is the responsibility of the applicant to renew a minimum of two (2) months prior to its expiration. MOTION CARRIED ~~>~~/~~Ca7]~T~ii7J~~uM~~~ a) Permit #3222 - NW 8-23-18-W4M, Division 9 Newell Colony (Owner) /John Kleinsasser (Applicant) Change in use of existing building for isolated light industry July 29, 2008 Municipal Planning Commission Page 4 ~~ The Development Control Officer provided background information on '"" the proposed development permit. No replies from any agencies were received. P-96/08 MOVED BY COUNCILLOR M. DOUGLASS that the Municipal Planning Commission APPROVE Development Permit #3222 as an isolated light industrial use within the agricultural land use district, subject to the following conditions: This permit is being granted only for the change in use of an existing building for use as an isolated light industry. This use is permitted in a 232.3 m2 (2500 ft2) portion of the existing vehicle repair shop, on lands legally described as NW 8-23-18-W4M. 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) All Alberta Building Codes where applicable. 2) The developer obtaining any required permits, which may include electrical, heating & ventilation, gas and/or plumbing from an accredited inspection agency and providing copies of any permits to the Development Of>'tcer. 3) 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. ,-. 4) The developer ensuring: a) That this development is located as shown on the site plan approved in this application and submitted June 17, 2008. Any changes to that plan shall require the written approval of the Development Officer. b) That the property is not used for conducting a business or commercial operation without first obtaining the required permits. c) That there is no contamination of soil, surface water or groundwater from this use. d) That all hazardous waste materials are properly disposed of in regulated facilities. e) That all outdoor garbage containers are stored in weatherproof and animal-proof containers and these containers are covered and screened from the public roadways. MOTION CARRIED b) Permit #3225 -Lot 5, Block 2, Plan 014 1757, Ptn. NW 20-21-18,- W4M, Division 6 Town of Bassano (Owner) /Ian Searle (Applicant) Construction of an aircraft hangar with variances to 3 setbacks The Development Control Officer provided background information on the proposed development permit. The background information included discussion about what other small airports do for living quarters. The Development Control Ofhcer received information from the Brooks Airport and the Hanna Airport. The Brooks Airport allows living accommodations as they feel it enhances security. The Hanna ..- Airport has living accommodations in the main terminal that are permanently rented out, however no accommodations are allowed in July 29, 2008 Municipal Planning Commission Page 5 Nv~ hangars. The Development Control Of1=lcer contacted the Town of __ Bassano to make sure that they understood that living accommodations were involved with this application. The Town of Bassano Council decided that they did not want living accommodations at the airport. The Development Control Officer contacted the applicant and asked if he would remove the living accommodations from the original plan, and he stated that he was willing remove the living quarters from his building in order to get approval. P-97/08 MOVED BY COUNCILLOR H. WUTZKE that the Municipal Planning Commission APPROVE Development Permit #3225 as a use that meets the terms of the provisions of the Public Service Land Use District of County of Newell Land Use Bylaw 1626-07, with a variance to waive the setback requirements as indicated on the applicant's drawing to accommodate the size of hangar necessary for the applicant's airplane. The variance to the setback requirements of the Public Service district is being given due to the nature of airports and the buildings required to accommodate certain airplanes. The living accommodations being applied for in the application are not being approved. The approval is subject to the following conditions: This permit is being granted only for the construction of a 3250 ftZ (301.9 mZ) aircraft hangar with a variance to the east side yard, west side yard and rear yard (north) requirements, on lands legally described as Lot 5, Block 2, Plan 0411757, NW 20-21-18 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 Public Service District. c) All Alberta Building Codes where applicable. 2) The developer obtaining any required permits, which may include electrical, heating & ventilation, gas and/or plumbing from an accredited inspection agency and providing copies of any permits to the Development Officer. 3) 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. 4) The developer obtaining and complying with a Private Sewage Disposal System Permit. A copy of this permit must be submitted to the Development Officer. 5) 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. 6) The developer ensuring: a) That this development is located as shown on the site plan approved in this application and submitted June 19, 2008. Any changes to that plan shall require the written approval of the Development Officer. b) That the following setbacks are maintained for this development: Front (South) Side Rear (North) 20ft(6.1m) EastlOft(3m) 14ft(4.3m) West 7 ft (2 m) _ July 29, 2008 Municipal Planning Commission Page 6 ~4 c) That the design, character and appearance of the proposed building are consistent with other buildings in the vicinity. d) That the property is not used for conducting a business or commercial operation without first obtaining the required permits. e) That an adequate supply of water is provided for domestic use. f) That there is proper and legal access provided to the property. g) That adequate parking space is available for this use. h) That the site is graded so that storm water does not drain onto adjoining properties. i) That all construction materials, supplies and equipment are stored on the property and not on the public roadway. j) The continuous clean up of construction debris tracked onto the public roadway where access is provided to the property. k) That there is no contamination of soil, surface water or groundwater from this use. I) That all hazardous waste materials are properly disposed of in regulated facilities. m) That all outdoor garbage containers are stored in weatherproof and animal-proof containers and these containers are covered and screened from the public roadways. n) That access can be provided for Emergency Services vehicles to all sides of the building. MOTION CARRIED c) Permit #3226 -Lot 1, Block 1, Plan 051 1979, Ptn NW 16-18-13- W4M, Division 2 CCS Income Trust (Owner) / 3C Information Solutions Inc. (Applicant) Construction of a 120' communications tower The Development Control Officer provided background information on the proposed development permit. P-98/08 MOVED BY COUNCILLOR B. de 70NG that the Municipal Planning Commission APPROVE DP #3226 to permit 3C Information Solutions Inc. to construct a 120' self-supporting communications tower at their oilfield waste reclamation facility subject to the following conditions: This permit is being granted only for a the construction of a 120 ft (36.6 m) self-supporting communications tower, on lands legally described as Lot 1, Block 1, Plan 051 1979, NW 16-18-13-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 Industrial District. c) All Alberta Building Codes where applicable. 2) The developer obtaining any required permits, which may include electrical, heating & ventilation, gas and/or plumbing from an accredited inspection agency and providing copies of any permits to the Development Officer July 29, 2008 `~ Municipal Planning Commission Page 7 l i+++ 3) The developer providing the Development Officer with a copy of the construction permit issued by a licensed, accredited inspection agency. 4) The developer ensuring: a) That this development is located as shown on the site plan approved in this application and submitted June 25, 2008. Any changes to that plan shall require the written approval of the Development Officer. b) That all construction materials, supplies and equipment are stored on the property and not on the public roadway. c) The continuous clean up of construction debris tracked onto the public roadway where access is provided to the property. d) That there is no contamination of soil, surface water or groundwater from this use. e) That all hazardous waste materials are properly disposed of in regulated facilities. f) That all outdoor garbage containers are stored in weatherproof and animal-proof containers and these containers are covered and screened from the public roadways. MOTION CARRIED d) Permit #3228 - SE 29-21-18-W4M, Division 6 J. & S. Chizik (Owner) /Pioneer Gas Co-op Ltd., Miles Hobart (Manager) (Applicant) Variance to fence height The Development Control Officer provided background information on -- the proposed development permit. Discussion followed regarding the height of the fence required in the Public Service district of Land Use Bylaw 1626-07. P-99/08 MOVED BY COUNCILLOR M. DOUGLASS that the Municipal Planning Commission APPROVE Development Permit #3228 as a proposed use that complies with the provisions of the Agricultural Land Use District and the Public Service District of County of Newell Land Use Bylaw 1626-07, subject to the following conditions: This permit is being granted only for a the construction of a 2.0 m (6.5 ft) chain link fence surrounding the RMO owned by Pioneer Coop Ltd., on lands legally described as SE 29-21-18 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. 2) The developer ensuring: a) That this development is located as shown on the site plan approved in this application and submitted June 30, 2008. Any changes to that plan shall require the written approval of the Development Officer. b) That the following setbacks are maintained for this development: Front (from Township Road 21-4): 21 feet (6.4 m) July 29, 2008 Municipal Planning Commission Page 8 V c) That all construction materials, supplies and equipment are stored on the property and not on the public roadway. d) The continuous clean up of construction debris tracked onto the public roadway where access is provided to the property. e) That there is no contamination of soil, surface water or groundwater from this use. f) That all hazardous waste materials are properly disposed of in regulated facilities. MOTION DEFEATED The Development Officer is authorized to approve permits that comply with the Land Use Bylaw 1626-07. The applicant will need to follow the Land Use Bylaw and the provision for the construction of a fence with a 2.5m height requirement with no variances granted. MPC asked the Development Control Officer to ensure that the fence was being built on the applicant's property and not on the County road allowance as that would lead to a larger issue. 10. OTHER BUSINESS a) MPC Members at Large The Councillors asked the Member at Large present what his opinion was about being a member of the Municipal Planning Commission. B. McKellar stated that he thinks that there are pros and cons to having all 10 Councillors on the Municipal Planning Commission. He went on to say that pros included having representation from all of the divisions voting on issues surrounding planning and development. The cons involve the high number of votes diminishing the strength of the Members at Large votes. B. McKellar also indicated that he thinks he and S. Swenson should have laptops so that they can access all of the same information as the Councillors. The consensus around the table was that the Members at Large should remain part of the Municipal Planning Commission as their opinions are valued. The Councillors would also like the Members at Large to have laptops. P-100/08 MOVED BY COUNCILLOR W. DANIELS that the Municipal Planning Commission recommend to Council that the County of Newell purchase laptops for the Members at Large of the Municipal Planning Commission. b) ORRSC Public Hours MOTION CARRIED The County Planner provided an explanation as to why these phone-in hours have been implemented. He stated that the office will still be open at 8 a.m. but that having the phone hours start at 9 a.m. will give his staff one hour of uninterrupted work time. c) Proposed Industrial Subdivision - SW 3-19-14-W4M The County Planner provided background information on the proposed Industrial Subdivision and Area Structure Plan. He indicated that an application has been received to subdivide 31 lots for Industrial use. July 29, 2008 Municipal Planning Commission Page 9 ~~~ He also stated that the parcel would first have to be re-zoned to accommodate the proposed industrial use. The County Planner recommended that the ASP be accepted as information. Staff was directed to write a letter to the developer indicating that the proposal falls within the IMDP study area and that it would be in the best interest of the developer to postpone the application until after the IMDP is completed. P-101/08 MOVED BY COUNCILLOR I. SCHROEDER that this Area Structure Plan be accepted as information and that staff write a letter informing the developer of the IMDP study taking place and advising them to postpone their application until the IMDP is complete. MOTION CARRIED 11. POST AGENDA a) Permit #3096 -Extension Request -Lot 17, Block 2, Plan 061 3933, Hamlet of Rolling Hills Dennis & Sue Wallace (Owner/Applicant) Construction of an accessory building -variance granted for height and size of building The Development Control Officer provided background information on the proposed development permit extension. P-102/08 MOVED BY COUNCILLOR A. EASTMAN that the Municipal Planning Commission APPROVE the extension request for Permit #3096, granting an extension until July 29, 2009. MOTION CARRIED b) Provincial Draft Land Use Framework Discussion -Questions to take to Ted Morton's Breakfast Councillor Douglass and Councillor Philipsen are attending a breakfast hosted by Ted Morton, Minister of Sustainable Resources to discuss the draft Provincial Land Use Framework. The County Planner provided some insight into the document including some concerns that he thinks should be discussed with Ted Morton. His concerns include the large size of the regions, the role of the advisory committees and whether or not they will be decision making bodies or strictly advisory, and the members of the advisory committee. Kevin Stephenson would like to know what the plans are for involving municipalities in this process as that hasn't happened to date. Councillor Daniels stated that in the past regional planning commissions made decisions on behalf of the Municipality based on recommendations from the Municipality's Council. The County Planner reminded the Board that the regional planning boards consisted of only one member from each Municipality, so decisions could be influenced and sometimes changed by other Municipalities. c) Permit #3215 -Lot 12, Block 1, Plan 811 1737, Hamlet of Scandia Johan Bueckert (Owner /Applicant) Addition to existing dwelling -variance needed for side yard July 29, 2008 Municipal Planning Commission Page 10 ~~e '- The Development Control Officer provided background information on the proposed development permit. P-103/08 MOVED BY COUNCILLOR B. de ]ONG that the Municipal Planning Commission APPROVE Development Permit #3215 and grant approval for a side yard variance in the construction of an addition to a single unit dwelling, subject to the following conditions: This permit is being granted only for a the construction of a 510 ftZ (47.4 mZ) addition to an existing single unit dwelling, with a variance to the side yard requirement, on lands legally described as Lot 12, Block 1, Plan 811 1737, Pt. NE 19-15-15-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 Hamlet Residential District. c) All Alberta Building Codes where applicable. 2) The developer obtaining any required permits, which may include electrical, heating & ventilation, gas and/or plumbing from an accredited inspection agency and providing copies of any permits to the Development Officer. 3) 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. ,,,._ 4) The developer ensuring: a) That this development is located as shown on the site plan approved in this application and submitted May 29, 2008. Any changes to that plan shall require the written approval of the Development Officer. b) That the following setbacks on all sides are maintained for this development: Front: 20 ft (6.1 m) Side: 5 ft (1.54 m) Rear: 20 ft (6.1 m) c) That the design, character and appearance of the proposed building and addition are consistent with other buildings in the vicinity. d) That the property is not used for conducting a business or commercial operation without first obtaining the required permits. e) That there is proper and legal access provided to the property. g) That the site is graded so that storm water does not drain onto adjoining properties. h) That all construction materials, supplies and equipment are stored on the property and not on the public roadway. i) The continuous clean up of construction debris tracked onto the public roadway where access is provided to the property. j) That there is no contamination of soil, surface water or groundwater from this use. k) That all hazardous waste materials are properly disposed of in regulated facilities. July 29, 2008 Municipal Planning Commission Page 11 I) That the exterior of the proposed addition is sided with materials the same as, or consistent with, the exterior of the existing building. 12. IN CAMERA ITEMS There were no in camera items. MOTION CARRIED 13. QUESTION PERIOD Councillor Daniels inquired about the possibility of moving the date of the MPC meeting. Councillor Philipsen indicated that she had spoken to the Development Control Clerk about this possibility and they decided to wait until the County Planner returned from holidays to make any changes. 14. INFORMATION ITEMS a) Alberta Planning Exchange Newsletter This item was accepted as information. 15. AD.7OURN P-104/08 MOVED BY COUNCILLOR W. DANIELS that the meeting adjourn at 11:51 a.m. MOTION CARRIED ~r July 29, 2008 Municipal Planning Commission Page 12