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HomeMy WebLinkAbout2006-09-26 Municipal Planning Commission (Regular) MinutesCOUNTY OF NEWELL NO. 4 MUNICIPAL PLANNING COMMISSION MEETING SEPTEMBER 26, 2006 The regular Municipal Planning Commission Meeting of the County of Newell No. 4 was held in the County Office at Brooks, AB on Tuesday, September 26, 2006 commencing at 10:00 a.m. MEMBERS PRESENT: C. Vermeeren, Chairman I. Schroeder, Councillor H. Wutzke, Councillor B. McKellar, Member S. Swenson, Member STAFF: J. Ramjohn, Interim County Planner T. Steell, Acting Development Control Officer A. Martens, County Administrator C. Jakobsen, Administrative Secretary OTHERS IN ATTENDANCE: Stewart Jangrk - DP #2951 Maura Sutherland - DP #2951 David Armstrong - DP #2951 Marion Cragg - DP #2951 Debbie Larocque - DP #2951 George Snyder - DP #2951 Patti Snyder - DP #2951 Cody Melnychuk - DP #2951 Lydia Traichel - DP #2951 Kyle Melnychuk - DP #2951 Ida Liscum - DP #2951 Terry Melnychuk - DP #2951 Sandra Traichel - DP #2951 Rebecca Gallup - DP #2965 Mark Gallup - DP #2965 Gordon Gallup - DP #2965 Darlene Jensen - DP #2965 Rod Potrie - #06 NL 014 Sheikh Hussain - #06 NL 014 Jeet Shergill - #06 NL 014 1. CALL TO ORDER < V ~' Chairman Vermeeren called the meeting to order at 10:00 a.m. 2. EXCUSED FROM MEETING All members were present. 3. MINUTES a) August 29, 2006 P-159/06 MOVED BY COUNCILLOR WUTZKE that the minutes of the August 29, 2006 Municipal Planning Commission meeting be adopted as presented. MOTION CARRIED 4. CALL FOR POST AGENDA ITEMS The Chairman called for post agenda items. Arrived at Meetincl Maura Sutherland arrived at 10:03 a.m. 5. ADOPTION OF AGENDA P-160/06 MOVED BY COUNCILLOR SCHROEDER that the agenda be adopted as amended. MOTION CARRIED 6. BUSINESS FROM MINUTES a) Permit #2818 - Pt. SW 5-18-14-W4 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. ~,V.. September 26, 2006 Municipal Planning Commission Page 2 b) Planning & Development Fee Review The Commission made the following changes to the proposal: • F -Remove strikeout • H -Replace "$600" with "$750" P-161/06 MOVED BY COUNCILLOR SCHROEDER that the Municipal Planning Commission recommend to Council to adopt the Fee Schedule as amended. MOTION CARRIED 7. COUNCIL & S.D.A.B. REPORT The Chairman provided this report to the Commission. 8. DEVELOPMENT REPORT -AUGUST 23 -SEPTEMBER 19. 2006 P-162/06 MOVED BY S. SWENSON that the Development Report be accepted. MOTION CARRIED 9. CORRESPONDENCE There was no correspondence to be presented at this meeting. 10. DEVELOPMENT PERMITS There were no new Development Permits to review. 11. HOME OCCUPATION/HOME INDUSTRY PERMITS There were no new Home Occupation/Home Industry Permits to review. 12. AGRICULTURAL SUPPORT SERVICE PERMITS There were no new Agricultural Support Service Permits to review. 13. STATUTORY PLANS -NEW & AMENDMENTS There were no Statutory Plans to review. ~. , v. September 26, 2006 Municipal Planning Commission Page 3 14. LAND USE CHANGES a) #06 LUA 022 - Pt. NE 6-20-14-W4M Rock Lake Dairy /Brian de Jong Division 8 (Approx. 2.4 ac) From A -Agricultural to RUR -Rural Residential Discussion followed on whether the water delivery point is a domestic service or the main delivery for the pivot and whether the pivot would pass over the property. The Interim Planner was directed to obtain further information on these two matters for the next Municipal Planning Commission meeting. 15. SUBDIVISIONS a) #06 NL 013 - Pt. SW 7-21-12-W4M Neil Owen/Alvin Owen (Owner/Applicant) Subdivision of an agricultural parcel to consolidate with an adjacent parcel P-163/06 MOVED BY B. MCKELLAR that the Municipal Planning Commission recommend to Council APPROVAL of subdivision #06 NL 013, for the subdivision of 7.83 hectares (19.36 acres), subject to the following conditions: 1. That the subdivided parcel of 7.83 hectares (19.36 acres) be consolidated by plan with NW 6-21-12 W4M and the remnant lands be consolidated by plan with SE 7-21-12 W4M. 2. That all oil and gas company leases, rights of way and board orders, be carried forward, when the subdivision mylar is registered at Land Titles Office. 3. The applicant providing easements to franchise utilities for services to the proposed parcels. The applicant may be responsible for the costs associated with the installation, removal or modification of services. 4. The applicant entering into an agreement with the County of Newell for the installation of any required road approaches to the proposed and/or remnant parcels. 5. That the applicant meet all the requirements of the Eastern Irrigation District with respect to the conveyance of water as well as easements. 6. That all outstanding municipal taxes be paid prior to the endorsement. MOTION CARRIED The Commission recessed at 10:47 a.m. and reconvened at 10:50 a.m. Arrived at Meetinct Stewart Jangrk, David Armstrong, Marion Cragg, Debbie Larocque, George _ Snyder, Patti Snyder, Cody Melnychuk, Lydia Traichel, Kyle Melnychuk, Ida Liscum, Terry Melnychuk and Sandra Traichel arrived at 10:49 a.m. ~" ~• September 26, 2006 Municipal Planning Commission Page 4 .-~ 6. BUSINESS FROM MINUTES -CONTINUED c) Permit #2951- SW 27-18-14-W4M -Division 5 Heinz & Lydia Traichel (Owner), Sandy Traichel/Terry Melynchuk (Applicant) Welding, Repair & Sandblasting Operation -Construction of Soft Sided Portable Building The Chairman indicated that he would not be stepping down for this permit unless he gets a motion from the commission, which was not done. Comments were made from Terry Melynchuk indicating that the blasting would be done in a contained structure and that sand has been tested and it is okay. Maura Sutherland, the representative for CDC South, went through what they submitted, indicating their main concerns are fumes and sandblasting. Ida Liscum presented a letter of opposition to the Commission. The chairman informed all party's present that the commission will make a decision on this permit later in the day. Arrived at Meeting Rebecca Gallup, Mark Gallup, Gordon Gallup and Darlene Jensen arrived at 11:32 a.m. Stewart Jangrk, David Armstrong, Marion Cragg, Debbie Larocque, George Snyder, Patti Snyder, Cody Melnychuk, Lydia Traichel, Kyle Melnychuk, Ida Liscum, Terry Melnychuk and Sandra Traichel left the meeting at 11:47 a.m. d) Permit #2965 - NW 18-21-15-W4M -Division 7 Gordon & Allison Gallup (Owner), Mr. Hugh Ham (Applicant) Existing Use of Building Mr. Gallup provided a surveyed site plan to the commission. P-164/06 MOVED BY COUNCILLOR SCHROEDER that the Municipal Planning Commission recommend to Council that Development Permit # 2965 be APPROVED and that this building and use be classified as a "Commercial Vacuum Truck Operation" being a discretionary use within the DC -Direct Control District and that a front yard set back variance of 4.66 m be granted for the commercial building. Approval is being granted for the existing use of the 371.6 mZ building, with office for the storage and maintenance of four vacuum trucks with four portable, prefabricated trailers used in conjunction with the vacuum truck service, as described in this application and shown on the revised site plan submitted August 16, 2006, on lands legally described as the NW 18-21-15 W4M, containing 8.19 acres, where the following are required prior to final approval and issuance of this permit: ,^., a) The developer providing the Development Officer with a copy of an occupancy permit issued by a licensed, accredited building inspection agency for the County of Newell. L~ - September 26, 2006 Municipal Planning Commission Page 5 b) 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. This agreement shall, at the applicant's expense, be registered as a caveat against the lands, if required. and subject to the following conditions: 1. This permit is being granted only for the use of the existing 371.6 m2 shop for the storage and maintenance of four vacuum trucks and four portable prefabricated trailers, to be owned and operated by the applicant and used in conjunction with the vacuum truck operation as described in this application, on lands legally described as NW 18-21- 15, containing 8.19 acres. Any additional development, or change in use shall require prior approval of a separate permit application. 2. 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. It is the responsibility of the applicant to renew a minimum of three months prior to its expiration. 3. This proposed development complying with: a. all Federal, Provincial and Municipal statutes, regulations, codes and standards. b. the provisions of Section 97 of Land Use Bylaw #1443-03, and amendments thereto, pertaining to the DC - Direct Control District. c. the Alberta Building Code where applicable. d. the Alberta Fire Code where applicable. e. any concerns put forth by the County of Newell Public Works _ Department. 4. The developer obtaining, and complying with, all other required permits including electrical, heating & ventilation, gas and plumbing from an accredited inspection agency and providing copies of the applicable permits to the Development Officer. 5. The applicant ensuring that: a) the following setbacks are maintained for this development: Front (West) Side Rear *25.34 m **3 m **3 m * Minimum distance to be maintained from public road ROW or highways as vaired by Council ** Minimum distance to be maintained from the property lines. b) the building is consistent with the purpose of the land use district and that the design, character and appearance of the proposed building is compatible with, or exceed the standard of, other buildings in the vicinity. c) the exterior finish of the building is the same as, or consistent with the exterior finish of other buildings on the property. d) an adequate supply of water is provided for fire suppression purposes to the satisfaction of the local Fire Department. e) the site is graded so that storm water does not drain onto adjoining properties. f) there is proper and legal access provided to the property from the most southerly access only. All other accesses to the property shall be closed. _ g) there is adequate access available for Emergency Services to three sides of the structure. -~ ~? _ v September 26, 2006 Municipal Planning Commission Page 6 ,-- h) adequate parking space is available for these uses. i) there is proper disposal of sewage and waste from this use. j) construction materials, supplies and equipment are stored on the property and not on the public roadway. k) there is continuous clean up of construction debris tracked onto the public roadway where access is provided to the property. I) all outdoor garbage containers are stored in weatherproof and animal-proof containers and are covered and screened from the public roadways. m) there is no contamination of soil, surface water or groundwater from this use. n) all hazardous waste materials are properly disposed of in regulated facilities. o) no significant nuisance factor such as noise, dust, or odors shall extend beyond the boundaries of the site. p) the four portable, prefabricated trailers shall not be occupied at any time while located on the property. q) all outside storage is adequately screened from the public roadway and adjacent land uses. r) an appropriate form of dust suppression is maintained on site at all times. This may be in the form of crushed rock, paving or oiling or other means satisfactory to the Development Authority. MOTION CARRIED Rebecca Gallup, Mark Gallup, Gordon Gallup and Darlene Jensen left the meeting at 12:12 p.m. LUNCH The Committee RECESSED for lunch at 12:12 p.m. and RECONVENED at 1:10 p.m. 14. LAND USE CHANGES -CONTINUE b) #06 LUA 023 - Pt. NW 29-20-13-W4M Springside Hutterian Brethren Ltd. /Newell Regional Solid Waste Management Authority Ltd. Division 3 (Approx. 2.65 ac) From A -Agricultural to P-WTS -Public -Waste Transfer Site P-165/06 MOVED BY COUNCILLOR WUTZKE that the Municipal Planning Commission recommend that County Council give first reading to change approximately 1.07 hectare (2.65 acres) of land in Pt. NW 29-20-13-W4M from A -Agricultural District to P-WTS -Public -Waste Transfer Site. MOTION CARRIED L~ , V ~ September 26, 2006 Municipal Planning Commission Page ? 6. BUSINESS FROM MINUTES -CONTINUED c) Permit #2951- SW 27-18-14-W4M -Division 5 Heinz & Lydia Traichel (Owner), Sandy Traichel/Terry Melynchuk (Applicant) Welding, Repair & Sandblasting Operation -Construction of Soft Sided Portable Building P-166/06 MOVED BY COUNCILLOR WUTZKE that the Municipal Planning Commission APPROVE Development Permit # 2951 and that these buildings and uses be classified as a "Welding and Repair Shop" which includes a component of sandblasting being a discretionary use within the AI -Agricultural Industrial District. Approval is being granted for the overall use of the property and the placement of a 223 mZ (2,400 ft.Z) soft sided, portable building as described in this application and shown on the site plan submitted July 5, 2006 to be located on lands legally described as SW 27-18-14 W4M, containing 10.18 acres. Variance of 4 m (13.1 ft) is being granted to Section 73 of the land use bylaw for the existing structure and where the following are required prior to commencement of construction, final approval and issuance of this permit: i) 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. This agreement shall, at the applicant's expense, be registered as a caveat against the lands, if required. ii) The developer providing the Development Officer with a copy of the _ building permit and occupancy permit for the existing structure issued by a licensed, accredited building inspection agency for the County of - Newell. iii) The developer providing the Development Ofl=lcer with written evidence from a person qualified in the installation of septic systems that the existing septic system is suitable for the land. iv) The developer providing the Development Officer with a detailed landscaping treatment or screening plan for the parcel. This screening may be in the form of natural deciduous and evergreen trees and shrubs, as a satisfactory means to reduce visibility from the public roadway and adjacent land uses. and subject to the following conditions: 1) This permit is being granted only for the existing use of the property and the construction of a 223 mZ (2,400 ft.2) soft-sided portable structure for the purposes of a welding, repair and sandblasting operation on lands legally described as SW 27-18-14 W4M, containing 10.18 acres. Any additional development, or change in use shall require prior approval of a separate permit application. 2) The proposed development complying with: a. all Federal, Provincial and Municipal statutes, regulations, codes and standards. b. the provisions of Section 80 of Land Use Bylaw #1443-03, and amendments thereto, pertaining to the AI - Agricultural Industrial District. c. the Alberta Building Code where applicable. _ d. the Alberta Fire Code where applicable. . ~. September 26, 2006 Municipal Planning Commission Page 8 e. any concerns put forth by the County of Newell Public Works Department. f. any concerns put forth by Alberta Environment, g. any concerns put for by Occupational Health and Safety. h. any concerns put for by the City of Brooks. 3) The developer obtaining, and complying with, all other required permits including electrical, heating & ventilation, gas and plumbing from an accredited inspection agency and providing copies of the applicable permits to the Development Officer. 4) The developer ensuring that: a. the following setbacks are maintained for this development: Front (North) Side Rear 30 m **10 m **10 m * Minimum distance to be maintained from ROW of public roads / provincial highways ** Minimum distance to be maintained from the property lines. b. the proposed building is consistent with the purpose of the land use district and that the design, character and appearance of the proposed building is compatible with, or exceed the standard of, other buildings in the vicinity. c. the exterior finish of the proposed development is the same as, or consistent with the exterior finish of other buildings on the property. d. an adequate supply of water is provided for fire suppression purposes to the satisfaction of the Brooks Rural Fire Department. e. the site is graded so that storm water does not drain onto adjoining properties. f. there is proper and legal access provided to the property. g. there is adequate access available for Emergency Services to three sides of the structure. h. adequate parking space is available for these uses. i. construction materials, supplies and equipment are stored on the property and not on the public roadway. j. there is continuous clean up of construction debris tracked onto the public roadway where access is provided to the property. k. all outdoor garbage containers are stored in weatherproof and animal-proof containers and are covered and screened from the public roadways. I. there is no contamination of soil, surface water or groundwater from this use. m. all hazardous waste materials are properly disposed of in regulated facilities. n. there is no significant nuisance factor such as noise, dust, appearance or odors that extend beyond the boundaries of the site and shall incorporate the following: i) sandblasting shall, at all times, be contained within the fully enclosed structure; and ii) all sandblasting shall incorporate the use of a dust suppressant. o. all sandblasting is contained within structures as not to release particulate matter or contaminants into the atmosphere. p. all outside storage is adequately screened from the public roadway and adjacent land uses. September 26, 2006 Municipal Planning Commission ~ ' ~ Page 9 q. an appropriate form of dust suppression is maintained on site at _ all times. This may be in the form of crushed rock, paving or oiling or other means satisfactory to the Development Authority. r. landscaping of the property is complete within two years from the date of approval. s. all sandblasting operations are contained in the enclosed structure within 90 days from the approval date of this application. MOTION CARRIED 16. OTHER BUSINESS None 17. POST AGENDA a) Letter from Barb Thomas The Chairman distributed to the Commission a letter that he received from Barb Thomas regarding an application for a development permit in Rolling Hills. The Acting Development Officer was directed to respond to this letter, requesting that the writer send in the application fee and outlining the County of Newell's procedure for processing applications. Arrived at Meetinn Rod Potrie, Sheikh Hussain, and Jeet Shergill arrived at 1:49 p.m. 15. SUBDIVISIONS -CONTINUED b) #06 NL 014 - Pian 9411167 Block 2 (Pt. NE 1-18-15-W4M & NW 6-18-14-W4M) LNR -Kingfisher Estates JV Ltd./ Planning Protocol Inc. (Owner/Applicant) Subdivide approximately 15.2 acres into 37 single-family residential lots The delegation provided the Commission with a PowerPoint presentation on this subdivision. Q ~ ' ~_ September 26, 2006 Municipal Planning Commission Page 10 ,_.,, P-167/06 MOVED BY COUNCILLOR SCHROEDER that the Municipal Planning ' Commission recommend to Council APPROVAL of Subdivision #06 NL 014, subject to following conditions: 1. That all oil and gas company leases, rights of way and board orders, be carried forward, when the subdivision mylar is registered at Land Titles Office. 2. The applicant providing easements to franchise utilities for services to the proposed parcels. The applicant may be responsible for the costs associated with the installation, removal or modification of services. 3. The applicant entering into a development agreement for the development of this subdivision as identified under Section 655 of the Municipal Government Act. The preparation, registration and discharge of the caveat will be at the cost of the applicant. 4. The applicant providing an irrevocable letter of credit at a minimum of 125% of the gross construction costs including engineering design. 5. The applicant meeting all requirements of the Eastern Irrigation District with respect to the conveyance of water as well as easements. 6. The applicant providing and receiving approval of construction plans, if required by the County's Public Works Department. Such plans may include: storm management plan, lot grading plan, infrastructure plan, and drawings depicting ditch and road profiles. 7. Prior to endorsement of the subdivision plan, a homeowner's association is to be created to be responsible for all municipal reserve areas within the subdivision, including all pathways, with a caveat being registered on the titles showing the property being subject to the membership and obligations of the homeowner's association. 8. The applicant entering into an agreement with the existing Lake Newell Resort Condominium Association to deal with solid waste management for the subdivision. 9. The applicant receiving written approval from the Eastern Irrigation District regarding the use of the existing water treatment plant. 10. That all outstanding municipal taxes be paid prior to the endorsement. MOTION CARRIED Rod Potrie, Sheikh Hussain, and ]eet Shergill left the meeting at 2:37 p.m. 18. IN CAMERA ITEMS There were no in camera items. 19. QUESTION PERIOD `., None 1/, September 26, 2006 Municipal Planning Commission Page 1 l 20. INFORMATION ITEMS There were no information items. 21. ADJOURN P-168/06 MOVED BY COUNCILLOR SCHROEDER that the meeting adjourn at 2:38 p.m. MOTION CARRIED CHAI ADMINISTRATOR September 26, 2006 Municipal Planning Commission Page 12