HomeMy WebLinkAbout2008-09-30 Municipal Planning Commission (Regular) Minutesi--,
COUNTY OF NEWELL NO. 4
MUNICIPAL PLANNING COMMISSION MEETING
September 30, 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, September 30, 2008 commencing
at 10:00 a.m.
~Jl L~Y 1. •1 ~iL~~
PRESENT: A.M. Philipsen, Chairman
W. Daniels, Councillor
]. Harbinson, Councillor
S. Evans, Councillor
A. Eastman, Councillor
B. DeJong, Councillor
H. Wutzke, Councillor
I. Schroeder, Councillor
S. Swenson, Member
STAFF: D. Horvath, Planner - ORRSC
B. Keith, Assistant Administrator
A. Wickert, Development Control Officer
D. Lester, Development Control Clerk
OTHERS IN
ATTENDANCE: Suzie Morrison, HO #236
Kathy Ramer, HO #236
Nick Neudorf, DP #3244
Henry Penner, DP #3244
The Chairman called the meeting to order at 10:00 a.m.
Arrived at Meeting
Suzie Morrision and Kathy Ramer arrived at 10:00 a.m.
2. EXCUSED FROM MEETING
P-114/08 MOVED BY COUNCILOR B. de SONG that Councillor Andrews and B.
McKellar be excused from the meeting.
MOTION CARRIED
3. MINUTES
a) August 26, 2008
Changes noted included:
Item 13b -delete paragraph from Councillor Schroeder onward
Motion P-113/08 -Councillor Daniels adjourned the meeting
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P-115/08 MOVED BY COUNCILLOR M. DOUGLA55 that the minutes of the August
26, 2008 Municipal Planning Commission meeting be adopted as amended.
MOTION CARRIED
4. CALL FOR POST AGENDA ITEMS
The Chairman called for post agenda items.
5. ADOPTION OF AGENDA
P-116/08 MOVED BY COUNCILLOR 7. HARBINSON that the agenda be adopted as
amended.
MOTION CARRIED
6. DEVELOPMENT REPORT -AUGUST 21 -SEPTEMBER 22. 2008
P-117/08 MOVED BY COUNCILLOR S. EVANS that the Development Report be
accepted.
MOTION CARRIED
Arrived at Meeting
Alyce Wickert arrived at 10:07 a.m.
7. AGRICULTURAL SUPPORT SERVICE & HOME OCCUPATION PERMITS
a) HO #236 - SW 13-20-15-W4M, Lot 1, Block B, Plan 961 2429
Suzie Morrison (Owner/Applicant)
Operation as a Bed and Breakfast Business
The Development Control Officer provided background information on
the proposed home occupation permit.
P-118/08 MOVED BY COUNCILLOR B. de 70NG that the Municipal Planning
Commission APPROVE Home Occupation Permit #236, granting a 3-year
temporary permit to operate a Home Occupation 2 business on the property
named on the application, under the provisions of the Country Residential
Land Use District and the Home Occupation Schedule of the County of
Newell Land Use Bylaw 1626-07. This approval and permit will be subject to
the following conditions:
a) This temporary permit is being granted for the operation of a bed
and breakfast business on lands described as Lot 1, Block B, Plan
961 2429, SW 13-20-15 W4M. Any additional development shall
require prior approval of a separate permit application.
b) This permit is 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 two
months prior to its expiration.
The proposed development complying with:
c) All Federal, Provincial and Municipal statutes, regulations, codes and
standards.
d) The provisions of Land Use Bylaw #1626-07, and amendments
thereto, pertaining to the Country Residential District and Home
Occupation guidelines (Schedule 13).
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The developer ensuring:
~ e) That this use shall not affect the residential use of the property or
adjacent properties in the area.
f) There is proper and legal access provided to the property.
g) That no noises, vibration, smoke, or dust, which may affect adjacent
land owners, is created.
h) That the signage advertising the business is in accordance with
Schedule 13.4 of the Land Use Bylaw:
No advertising shall be permitted on the property except for
one indirectly illuminated sign of 4 fie (0.4 m2) placed flat
against the building or fence.
f) That there is adequate parking space for this use, in this instance, up
to 3 parking
g) That the developer obtain roadside development permit from Alberta
Transportation.
h) If the developer intends to install a sign advertising the business on
Highway 36 or Secondary Highway 544, the developer must obtain a
Sign Installation Permit from Alberta Transportation.
MOTION CARRIED
8. DEVELOPMENT PERMITS
b) DP #3246 - Ptn NE 13-20-13-W4M, Plan 2819 DB, Block 9, Lot 15-16,
Hamlet of Patricia
Patricia Community Hall Association
Construction of a new hall and patio
~ The Development Control Officer provided background information on
the proposed development permit. Councillor Philipsen indicated that the
mobile home shown on the air photo map is no longer there, and that
the two lots have recently been consolidated.
P-119/08 MOVED BY COUNCILLOR I. SCHROEDER that the Municipal Planning
Commission APPROVE Development Permit #3246, granting
construction of a new Community Hall in the Hamlet of Patricia. In
addition, this permit allows variances to the front yard setback
requirement and to the maximum lot coverage requirement. This permit
is subject to the following conditions:
This permit is being granted only for the construction a 5850 ft2 (543.47
m2) Community Hall and a 1800 ftz (167.22 mZ) future patio addition,
with a variance to the front yard setback requirement and a variance to
the maximum lot coverage requirement, on lands legally described as
Lots 15 &16, Block 9, Plan 2819DB, NE 13-20-13 W4M. Any additional
development shall require prior approval of a separate permit
application.
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.
~,.,, d) The developer obtaining any required permits, which may include
September 30, 2008 Municipal Planning Commission Page 3
1 '
electrical, heating & ventilation, gas and/or plumbing from an
accredited inspection agency and providing copies of any permits to
the Development Officer.
e) 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.
f) The developer obtaining a Roadside Development Permit from
Alberta Infrastructure and Transportation. A copy of this permit must
be submitted to the Development Officer.
The developer ensuring:
g) That this development is located as shown on the site plan approved
in this application and submitted September 4, 2008. Any changes
to that plan shall require the written approval of the Development
Officer.
h) That the following setbacks are maintained for this development:
Front Side Rear
8ft(2.4m) 5ft(1.5m) 20 ft(6.im)
i) That the design, character and appearance of the proposed building
and addition are consistent with other buildings in the vicinity.
j) That the property is not used for conducting a business or
commercial operation without first obtaining the required permits.
k) That an adequate supply of water is provided for domestic use.
I) That there is proper and legal access provided to the property.
m) That the site is graded so that storm water does not drain onto
adjoining properties.
n) That all construction materials, supplies and equipment are stored on
the property and not on the public roadway.
o) The continuous clean up of construction debris tracked onto the
public roadway where access is provided to the property.
p) That there is no contamination of soil, surface water or groundwater
from this use.
q) That all hazardous waste materials are properly disposed of in
regulated facilities.
r) That all outdoor garbage containers are stored in weatherproof and
animal-proof containers and these containers are covered and
screened from the public roadways.
s) That access can be provided for Emergency Services vehicles to all
sides of the building.
MOTION CARRIED
Left the Meeting
Suzie Morrison and Kathy Ramer left at 10:11 a.m.
9. OTHER BUSINESS
a) Proposed Boundary Adjustment - SW 27-18-14-W4M & NW 22-18-14-
W4M
The County Planner provided background information on the proposed
boundary adjustment. She indicated that it came to this table before
being made into a formal application because of the parcel being located
in the IMDP study area. The County Planner asked for direction from the
Municipal Planning Commission regarding whether or not the Board
would entertain this application since it is located within the IMDP study
area.
September 30, 2008 Municipal Planning Commissioe Page 4
~" P-120/08 MOVED BY COUNCILLOR W. DANIELS that the Municipal Planning
Commission will entertain a subdivision application for a boundary
adjustment on this parcel.
P-121/08 MOVED BY COUNCILLOR M. DOUGLASS that Motion P-120/08 be tabled.
MOTION CARRIED
Arrived at Meeting
Nick Neufdorf and Henry Penner arrived at 10:24 a.m.
8. DEVELOPMENT PERMITS CONT'D
a) Permit #3244 - Ptn NW 11-21-18-W4M, Lot 7, Block 1, Plan 791 0698,
Division 6
Peter Peters (Owner) /Old Colony Mennonite Church (Applicant)
Construction of a Church
~'^
The Development Control Officer provided background information on
the proposed development permit. The Development Control Officer
informed the Board of 2 letters received from adjacent land owners and
outlined the concerns addressed in each letter. Councillor Evans
addressed concerns from an additional neighbor, indicating that the
proposed site for the church will significantly impact the view of one of
the neighbors. She inquired about having the church constructed behind
the house, near the quonset. The applicant is not sure that the Church
will fit in that space and still have adequate distances from adjacent
buildings and property lines. The County Planner suggested waiting to
make a decision about this permit until we receive a reply from Alberta
Transportation regarding the proposed development. The County
Planner would also like to see a more detailed site plan that includes
buildings on adjacent properties and how far they will be from the
proposed building.
P-122/08 MOVED BY COUNCILLOR W. DANIELS that the Municipal Planning
Commission APPROVE Development Permit #3226, and permit Old
Colony Mennonite Church to construct a church on the proposed parcel
of land, as outlined in the application, and subject to the following
conditions:
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) All Alberta Building Codes where applicable.
d) 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.
e) The developer providing the Development Officer with a copy of the
construction permit issued by a licensed, accredited inspection
agency.
f'"`
September 30, 2008 Municipal Planning Commission Page 5
f) The developer obtaining and complying with a Private Sewage
Disposal System Permit. A copy of this permit must be submitted to
the Development Officer.
g) The developer obtaining a Roadside Development Permit from
Alberta Infrastructure and Transportation. A copy of this permit must
be submitted to the Development Officer.
h) The developer preparing a landscape plan, which will screen the
parking area from the subdivision road and other dwellings in the
subdivision. This landscape plan must be submitted within 6 months
of permit approval for endorsement by the Development Officer, and
it must be completed within 2 years of permit approval.
The developer ensuring:
i) That this development is located as shown on the site plan approved
in this application and submitted August 22, 2008. Any changes to
that plan shall require the written approval of the Development
Officer.
j) That the following setbacks on all sides are maintained for this
development:
Front, Side, Rear: 20 ft (6.1 m)
k) That the design, character and appearance of the proposed building
are consistent with other buildings in the vicinity.
I) That the property is not used for conducting a business or
commercial operation without first obtaining the required permits.
m) That an adequate supply of water is provided for domestic use.
n) That there is proper and legal access provided to the property.
o) That adequate parking space is available for this use.
p) That access can be provided for Emergency Services vehicles to all
sides of the building.
q) That landscaping of the property is complete within two years from
the date of approval.
r) That the site is graded so that storm water does not drain onto
adjoining properties.
s) That all construction materials, supplies and equipment are stored on
the property and not on the public roadway.
t) The continuous clean up of construction debris tracked onto the
public roadway where access is provided to the property.
u) That there is no contamination of soil, surface water or groundwater
from this use.
v) That all hazardous waste materials are properly disposed of in
regulated facilities.
w) That all outdoor garbage containers are stored in weatherproof and
animal-proof containers and these containers are covered and
screened from the public roadways.
P-123/08 MOVED BY COUNCILLOR A. EASTMAN that the Municipal Planning
Commission TABLE Development Permit #3244.
MOTION CARRIED
The Board then asked the applicant about why the church needs to be
located out in the Country. The applicant stated that with the number of
members that attend church, parking is a huge issue. Being within an
urban municipality would not provide adequate space to allow for
parking.
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September 30, 2008 Municipal Planning Commission Psge S
c) pP #3247 - SE 18-21-17-W4M, Division 6
~'^ .Scott Miller (Owner) /Cory Baksa (Applicant)
Isolated light industry storage area on an Agricultural parcel
The Development Control Officer provided background information on
the proposed development permit. She directed the Board to the history
of the parcel included in the report. The County Planner drew the
Board's attention to the definition of Isolated Light Industry. She noted
that the definition doesn't allow for isolated light industry on a parcel
adjacent to any other existing industrial uses.
P-124/08 MOVED BY COUNCILLOR A. EASTMAN that the Municipal Planning
Commission REFUSE Development Permit #3247, with the use of the
existing storage area discontinued and the contents of the existing storage
area removed within 6 months, no later than March 30, 2009. Staff was
directed to send a letter to the applicant indicating the decision of the Board
and outlining the Board's concerns.
MOTION CARRIED
9. OTHER BUSINESS CONT'D
a) Proposed Boundary Adjustment - SW 27-18-14-W4M & NW 22-18-14-
W4M
P-125/08 MOVED BY COUNCILLOR S. EVANS that Motion P-121/08 be lifted from
the table.
MOTION CARRIED
The County Planner outlined concerns she heard earlier. She reminded
the Board that she is looking for direction regarding whether or not they
would be willing to hear this application since it is within the IMDP study
area. The County Planner indicated that she does not feel that this will
have a significant impact on the IMDP negotiations. Further details of
the boundary adjustment of this parcel, including sizes of and access to
the new parcels will be discussed once an application is submitted.
Vote on Motion P-120/08
MOTION CARRIED
b) Proposed Boundary Adjustment - NW 2-18-14-W4M, Koza Subdivision
The County Planner provided background information on the proposed
boundary adjustment indicating that the original application accidentally
omitted a dugout and a small storage area. The proposed boundary
adjustment would create a parcel of about 10.41 acres.
P-126/08 MOVED BY COUNCILLOR ~. HARBINSON that the boundary adjustment
be made to include the dugout and the storage area, up to 10.41 acres.
MOTION CARRIED
10. STATUTORY PLANS -NEW & AMENDMENTS
/^ a) Discussion of any proposed Land Use Bylaw Revisions/Amendments
September 30, 2008 Municipal Planning Commission Page 7
~F
The County Planner reviewed the list of proposed amendments.
Discussion followed regarding each proposed amendment on the
Planner's list, including re-subdivision of parcels smaller than 20 acres,
height of accessory buildings, height of the principal building,
subdivision policies in the urban fringe, antenna siting protocols,
permanent home occupation permits and uses in the fringe. The
Development Officer suggested adding Alberta Transportation setbacks
from highways, adding information regarding decks and fences, and
confirming that zoning matches use within the hamlets. The County
Planner will bring back the proposed changes to a future meeting.
Regarding minimum setbacks as required by Alberta Transportation,
Councillor Harbinson inquired about the setback required from SH 542
(Cassils Road). The County Planner indicated that the Jackson
subdivision was approved by the County before Alberta Transportation's
condition was satisfied. The County Planner was not here when this
subdivision was approved, but she will look into the issue and bring a
report back to the next meeting.
11. POST AGENDA
There were no post agenda items.
12. IN CAMERA ITEMS
There were no in camera items.
13. QUESTION PERIOD
--...
Councillor Daniels inquired about aCounty-owned piece of land in Rolling
Hills on behalf of a ratepayer. Councillor Daniels indicated that this property
was a filled in dugout and asked how much the County would like for it. The
Board indicated that they would like the ratepayer to bring forward a
proposal to purchase the lot.
14. INFORMATION ITEMS
a) ORRSC Executive Committee Meeting Minutes
This item was accepted as information.
15. ADJOURN
P-127/08 MOVED BY COUNCILLOR A. EASTMAN that the meeting adjourn at 12:07
p.m.
September 30, 2008 Municipal Planning Commission Page 8
MOTION CARRIED