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Home My WebLink About2008-11-25 Municipal Planning Commission (Regular) MinutesCOUNTY OF NEWELL NO. 4 ~ MUNICIPAL PLANNING COMMISSION MEETING November 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, November 25, 2008 commencing at 10:00 a.m. MEMBERS PRESENT: W. Daniels, Councillor J. Harbinson, Councillor S. Evans, Councillor A. Eastman, Councillor B. de Jong, Councillor H. Wutzke, Councillor A.M. Philipsen, Councillor I. Schroeder, Councillor R. Andrews, Councillor S. Swenson, Member ABSENT: B. McKellar, Member STAFF: D. Horvath, Planner - ORRSC B. Keith, Assistant Administrator A. Wickert, Development Control Officer rte" D. Lester, Development Control Clerk OTHERS IN ATTENDANCE: Brad Torkelson, DP 3265 Connie Peterson, Midwest Surveys, 2008-0-327, 2008-0-334 Cory Baksa, 2008-0-327, 2008-0-334, 2008-0-336 Earl Wilson, EID, 2008-0-324, 2008-0-325, 2008-0-338 Brent Schroeder, 2008-0-300 1. CALL TO ORDER The Chairman called the meeting to order at 10:00 a.m. 2. EXCUSED FROM MEETING P-142/08 MOVED BY COUNCILLOR 7. HARBINSON that B. McKellar be excused from the meeting. MOTION CARRIED 3. MINUTES a) October 30, 2008 One change was noted: Pg 2, Item 10a -replace "planer" with "planner" /'~ ~~,a P-143/08 MOVED BY COUNCILLOR B. de )ONG that the minutes of the October 30, 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-144/08 MOVED BY COUNCILLOR ]. HARBINSON that the agenda be adopted as amended. MOTION CARRIED 6. COUNCIL & S.D.A.B. REPORT a) S.D.A.B. Decision on DP #3247 The County Planner provided background information on the S.D.A. B. Decision made regarding the appeal of DP #3247. She indicated that the S.D.A.B. provided an informative in their decision asking Council to contemplate adding a definition in the Land Use Bylaw regarding storage yards. b) In Camera Discussion P-145/08 MOVED BY COUNCILLOR S. EVANS that we move in-camera at 10:06 a.m. Arrived at Meeting Councillor A. Eastman arrived 10:15 a.m. P-146/08 7. P-147/08 8. MOVED BY COUNCILLOR I. SCHROEDER that we move out of camera at 10:22 a.m. MOVED BY COUNCILLOR H. WUTZKE that the Development Report be accepted. MOTION CARRIED a) Permit #3259 -Lot 2, Block 1, NE 35-18-15 W4M, Division 5 Todd Leveque (Owner /Applicant) Use of existing shop and yard for light oilfield hauling operation including outdoor storage The Development Control Officer provided background information on the proposed development permit. This application falls within the ~M~ November 25, 2008 Municipal Plaening Commission Page 2 IMDP study area, however no response was received from the City of Brooks. P-148/08 MOVED BY COUNCILLOR ~. HARBINSON that the Municipal Planning Commission APPROVE Development Permit #3266 and grant approval for use of the existing shop and yard for a light oilfield hauling operation subject to the following conditions: This permit is being granted only for the use of an existing 2400 ftZ (223 mZ) shop and yard for a light oilfield hauling operation, on lands legally described as Lot 2, Block 21 Plan 8211419, NE 35-18-15 W4M. Any additional development shall require prior approval of a separate permit application. The proposed development complying with: a) Ail Federal, Provincial and Municipal statutes, regulations, codes and standards. b) The provisions of Land Use Bylaw #1626-07, and amendments thereto, pertaining to the Light Industrial District. c) All Alberta Building Codes where applicable. d) Any other required permits, including electrical, heating & ventilation, gas and/or plumbing. These must be obtained from an accredited inspection agency And subject to the following conditions: a) That this development is located as shown on the site plan approved in this application and submitted September 30, 2008. Any changes to that plan shall require the written approval of the Development Officer. b) That the developer obtain a Roadside Development Permit from Alberta Transportation. A copy of the permit must be submitted to the Development Officer. c) That the developer have the shop inspected by a licensed, accredited building inspection agency for the County of Newell. A copy of this inspection (permit) must be submitted to the Development Officer. d) That the storage area is set back (246 ft) 75 m from Secondary Highway 542, or as required by Alberta Transportation. Arrived at Meeting Brad Torkelson arrived at 10:30 a.m. b) Permit #3265 - SE 23-18-15 W4M, Division 5 Ed Martin (Owner) /Brad Torkelson (Applicant) Installation of a 1982 Atco Trailer The Development Control Officer provided background information on the proposed development permit. She indicated that the applicant had obtained a Structural Sufficiency Certificate on November 17, 2008. The Building Safety Codes Officer, Richard Pitsol, recommended that the developer meet the requirements set out in the inspection report. He also recommended that an occupancy permit be acquired prior to anyone living in the unit. ~''` November 25, 2008 Municipal Planning Commission Page 3 µu? P-149/08 MOVED BY COUNCILLOR H. WUTZKE That the Municipal Planning Commission APPROVE Development Permit #3265 as a temporary (2 year) permit, granting approval for the installation of a 1982 Atco trailer to be used as a dwelling, and subject to the following conditions: This permit is being granted only for the installation of a 1982, 405 ft2 (37.6 mZ) Atco trailer to be used as a dwelling, on lands legally described as SE 23-18-15 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 Agriculture District ~p,~ Schedule 9: Development Standards for Manufactured, Mobile, Modular and Ready-to-Move (RTM) Homes. c) All Alberta Building Codes where applicable. d) Any other required permits, including electrical, heating & ventilation, gas and/or plumbing. These must be obtained from an accredited inspection agency e) That this development is located as shown on the site plan approved in this application and submitted October 20, 2008. Any changes to that plan shall require the written approval of the Development Officer. f) That the developer obtain a certificate of structural sufficiency, issued by a licensed, accredited building inspection agency for the County of Newell. A copy of this certificate must be submitted to the Development Officer. g) That the following setbacks are maintained for this development: From Range Road 15-1: 100 ft (30 m) Side (from all other structures): 6.6 ft (2.0 m) h) That a performance bond, in the amount of $2500.00, be provided to the County of Newell on or before December 31, 2008. i) That the developer meet the recommendations set out in work order 2221 on November 1, 2008, as outlined by Richard Pitsol, Building Safety Codes Officer. j) That the developer obtain an occupancy permit for this dwelling and submit a copy of the occupancy permit to the County. k) That no person is permitted to live in the dwelling until the occupancy permit is submitted to the County. MOTION CARRIED Left the Meeting Brad Torkelson left at 10:45 a.m. 9. OTHER BUSINESS a) Proposal within the IMDP AREA -Lot 6, Plan 821 1219, Ptn 35 18-15- W4M -Percy Robert Smith & Fern Skuban The County Planner provided background information on the proposed subdivision application within the IMDP Study Area. November 25, 2008 Municipal Planeing Commission Page 4 c~ ~,,,, P150/08 MOVED BY COUNCILLOR H. WUTZKE that the Municipal Planning Commission will entertain a subdivision application on this parcel. MOTION CARRIED 11. POST AGENDA a) Countess Country Museum -Zoning Issue Councillor Evans, Councillor Philipsen and the Development Control Officer have indicated that they have been approached by Cory Baksa regarding the Countess Country Museum. The applicant is concerned that a full blown concept plan will be quite costly. The County Planner indicated that the level of detail that the Concept Plan needs to include is up to the County. However, certain information regarding how everything is going to happen, how many people might attend and a surveyed plan of the existing area are important pieces of information for MPC to consider with this application. Councillor Eastman indicated that this Museum is the owner's dream and that it may be difficult to capture a dream in a concept plan. Councillor de Jong indicated that he feels that we are putting the cart before the horse until Alberta Transportation indicates any upgrades that will need to be done on the intersection. The County Planner reminded the Board that Alberta Transportation will also need to know exactly what the owner is doing before they can state what upgrades, if any, will need to be completed on the existing infrastructure. ~,.,, 10. SUBDIVISIONS Left the Meeting Councillor A.M. Philipsen declared an interest and left the meeting at 10:59 a.m. Arrived at Meeting Cory Baksa, Anne Marie Philipsen and Connie Peterson arrived at 11:00 a.m. b) #2008-0-327 -Lots 1 & 2, Block 1, Plan 071 4209 in NW 26-20-13- W4M & SW 35-20-13-W4M, Division 3 Bertha Farms (Owner) /Midwest Surveys (Applicant) To reconfigure two agricultural lots to realign the boundary to follow an existing fence line The County Planner provided background information on the proposed subdivision. She drew the Board's attention to a letter from an adjacent land owner. Connie Peterson provided an overview of the history of the parcel indicating that the intention of the subdivision was to correct an error on the previous subdivision. The boundary adjustment will allow the property line to follow the existing fence line. P-151/08 MOVED BY COUNCILLOR I. SCHROEDER that the Municipal Planning Commission APPROVE subdivision #2008-0-300, subject to the following conditions: 1. That all outstanding property taxes shall be paid to the County of ~^ Newell. November 25, 2008 Municipal Planning Commission Page 5 ,~~ 2. That the subdivided portion of Certificate of Title 071 420 222 be consolidated with the adjacent parcel legally known as Lot 2, Block 1, Plan 071 4209 in a manner such that the resulting Certificate of title could not be subdivided without the approval of the Subdivision Authority. MOTION CARRIED c) #2008-0-334 -Lot 2, Block 2, Plan 841 0873, SW 2-19-14-W4M Randall & Cory Baksa (Owner/Applicant) To subdivide an approximate 1.65 acre (0.67 ha) parcel from an existing Country Residential lot created in 1984 legally known as Lot 2, Block 2, Plan 841 0873. The County Planner provided background information on the proposed subdivision. She indicated that the service road that exists south of the parcel can be extended to alleviate the necessity of having another approach directly off of the County road. Ms. Baksa asked about caveating the road instead of dedicating it. According to Connie Peterson of Midwest Surveys, if a caveat for the construction of a service road goes on title, the County can request that the road be built at any time. If the road is dedicated, then the County is responsible for the road right now. The Board asked for clarification regarding the road being caveated on title, and whether or not the County would have to purchase the land when we want the road built. The caveat can include that the land will be given to the County for a price of zero dollars. P-152/08 MOVED BY COUNCILLOR I. SCHROEDER that the Municipal Planning Commission APPROVE subdivision #2008-0-334, 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 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. 3. That a 20.0 meter service roadway shall be dedicated by caveat along the western boundary of Lot 2, Block 2, Plan 841 0873 for future access and the service shall align with the existing dedicated service road to the South. MOTION CARRIED LeR the Meeting Connie Petersen left the meeting at 11:24 a.m. d) #2008-0-336- Lots 1, Block 1, Plan 071 5913 & Ptn SW 29-21-17- W4M, Division 6 Maxine Chizik (Owner) /Cory Baksa (Applicant) To adjust a boundary in which it is proposed to subdivide an approximate 11 acre (4.46 ha) portion of a 56.43 acre title which is intended to be consolidated with the adjacent parcel for agricultural use The County Planner provided background information on the proposed subdivision. Cory Baksa indicated that the diagram of the subdivision should change as the proposed boundary will not extend all the way to ,~ the corner of the quarter section. A new application does not need to be November 25, 2008 Municipal Planning Commission Page 6 ~~~ ~, filed as long as the change is within 10% of the original diagram. P-153/08 MOVED BY COUNCILLOR I. SCHROEDER that the Municipal Planning Commission TABLE subdivision #2008-0-336. MOTION CARRIED Left the Meeting Cory Baksa left the meeting at 11:34 a.m. Arrived at Meeting Earl Wilson arrived at 11:35 a.m. e) #2008-0-324 -All of 11-15-15-W4M, Division 1 Eastern Irrigation District (Owner) /Cameron Christianson (Applicant) To reconfigure two portions of a section to accommodate the development of two pivots on the section by creating two parcels of 177.80 acres and 175.77 acres in size respectively. The County Planner provided background information on the proposed subdivision. P-154/08 MOVED BY COUNCILLOR R. ANDREWS that the Municipal Planning Commission APPROVE subdivision #2008-0-324, subject to the following conditions: 1. That all outstanding property taxes shall be paid to the County of Newell. 2. That the applicant of owner shall enter into a road approach agreement with the County of Newell and that any required approach be ~^ constructed to the satisfaction of the County of Newell prior to finalization. 3. That the final plan of Survey to be registered at Land Titles shall dedicate on the plan a road in the NE 2-15-15-W4M for access to the lots (which shall be as illustrated on the tentative plan of subdivision by Cameron Christianson, ALS, as dated November 10, 2008, which is to become public municipal road. The details, specifications and standards for the construction of the road as dedication will be as per a development agreement with the municipality with all costs to be at the applicant or owner's expense. MOTION CARRIED f) #2008-0-325 -All of 35-14-15-W4M, Division 4 Eastern Irrigation District (Owner) /Cameron Christianson (Applicant) To reconfigure portions of a quarter section to accommodate the development of two pivots on the section by creating two parcels of 159.29 acres and 164.40 acres in size respectively. The County Planner provided background information on the proposed subdivision. P-155/08 MOVED BY COUNCILLOR W. DANIELS that the Municipal Planning Commission APPROVE subdivision #2008-0-325, subject to the following conditions: 1. That all outstanding property taxes shall be paid to the County of ~ Newell. November 25, 2008 Municipal Planning Commission Page 7 2. That the applicant et:~ owner shall enter into a road approach agreement with the County of Newell and that any required approach be constructed to the according to Policy 1998-PW-035. 3. That the final Plan of Survey to be registered at Land Titles shall dedicate on the plan a road in the NW 35-15-15-W4M for access to the lots (which shall be as illustrated in the tentative plan of subdivision by Cameron Christianson, ALS, as dated November 10, 2008), which is to become public municipal road. The details, specifications and standards for the construction of the road as dedicated will be as per a Development Agreement with the municipality with all costs to be at the applicant or owner's expense. MOTION CARRIED g) #2008-0-338 -Parcel B, Plan 4234 FD in SE 9-14-13-W4M & NE 4-14- 13-W4M, Division 1 Eastern Irrigation District (Owner) /Cameron Christianson (Applicant) To reconfigure two titles to accommodate the development of a pivot by creating a new parcel approximately 172.65 acres in size and a residual parcel approximately 54.70 acres. The County Planner provided background information on the proposed subdivision. P-156/08 MOVED BY COUNCILLOR 7. HARBINSON that the Municipal Planning Commission APPROVE subdivision #2008-0-338, subject to the following conditions: 1. That all outstanding property taxes shall be paid to the County of Newell. 2. That the subdivided portion of NE 4-14-13-W4M be consolidated with the adjacent parcel legally known as Parcel B, Plan 4234 FD in a manner such that the resulting Certificate of Title could not be subdivided without the approval of the Subdivision Authority. MOTION CARRIED Left the Meeting Earl Wilson left the meeting at 11:47 a.m. Councillor Schroeder declared an interest and left the meeting at 11:47 a.m. Arrived at Meeting Brent Schroeder arrived at 11:48 a.m. a) #2008-0-300 - SW 1-17-13-W4M Isaac & Eileen Schroeder (Owner) / Brent Schroeder (Applicant) To subdivide an approximate 5.68 acre (3.3 ha) parcel from a quarter section legally known as the SW 1-17-13-W4M The County Planner provided background information on the proposed subdivision. An adjacent land owner letter outlined concerns with proximity of subdivision to his yard. The adjacent land owner indicated that there is an existing feedlot and that he is concerned that residential development may hinder his ability to expand his feedlot in the future. Brent Schroeder explained the purpose of the subdivision. He indicated that his parents currently own the quarter section which is centrally located in his own farming operation. He would like to construct a shop November 25, 2008 Municipal Planning Commission Page 8 r,,,, in that yard to allow for a central storage location, but would like to own the area where the shop will be constructed. The existing use of the parcel will not change. Brent Schroeder did indicate that in the future, a security residence may be installed for a hired man. P-157/08 MOVED BY COUNCILLOR H. WUTZKE that the Municipal Planning Commission APPROVE subdivision #2008-0-300, subject to the following conditions: 1. That all outstanding property taxes shall be paid to the County of Newell. MOTION CARRIED Left the Meeting Brent Schroeder left the meeting at 12:00 p.m. Arrived at Meeting Councillor I. Schroeder re-entered the meeting 12:01 p.m. Left the Meeting S. Swenson left the meeting at 12:01 p.m. LUNCH The Committee RECESSED for lunch at 12:03 p.m. and RECONVENED at 12:58 p.m. ~^ 11. POST AGENDA b) Economic Development -Mennonite Church Members of the economic development advisory committee would like permission to assist the group in finding a suitable location. The Assistant Administrator indicated that the Economic Development Department and Committee do not need permission from the Municipal Planning Commission to assist the Old Colony Mennonite Church in finding a suitable location for the construction of a church. c) 06 NL 022 -Subdivision Extension Councillor Daniels indicated that this item would be brought back to a future Council meeting. d) Building Codes at Lake Newell Resort Councillor Harbinson indicated that he has been approached by several home owners at Lake Newell Resort regarding major repairs they are having to make on their homes that are only a few years old. The Development Control Officer indicated that the County requires that a building permit be acquired as a condition of a development permit. However, the County is not actually involved with any inspections completed by the Building Inspectors. /"' 12. IN CAMERA ITEMS November 25, 2008 Municipal Planning Commission Page 9 } There were no in camera items. 13. QUESTION PERIOD None 14. AD]OURN P-158/08 MOVED BY COUNCILLOR A. EASTMAN that the meeting adjourn at 1:08 p.m. MOTION CARRIED ASSISTANT ADMINISTRATOR November 25, 2008 Municipal Planning Commission Page 10