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
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~' 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.
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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.
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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. ~"
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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.
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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. -~
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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
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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.
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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.
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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
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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