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Home My WebLink About2006-11-28 Municipal Planning Commission (Regular) MinutesCOUNTY OF NEWELL NO. 4 MUNICIPAL PLANNING COMMISSION MEETING NOVEMBER 28, 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, November 28, 2006 commencing at 10:06 a.m. MEMBERS PRESENT: C. Vermeeren, Chairman I. Schroeder, Councillor H. Wutzke, Councillor B. McKellar, Member S. Swenson, Member STAFF: T. Steell, Acting Development Control Officer A. Martens, County Administrator C. Jakobsen, Administrative Sectary OTHERS IN ATTENDANCE: Martin Hofer - DP# 3019 Jeff Riddell - #06 LUA 02~ Sheldon Houseman - #06 LUA 025 Dave Houseman - #06 LUA 025 Gail Parker - #06 LUA 027 Gary Norton - #06 NL 015 Brian de Jong - #06 LUA 022, #06 LUA 026, #06 NL 016 Cory Ba~ - HO #223, #06 NL 018 ~•n Ei• U, 1. CALL TO ORDER The Chairman called the meeting to order at 10:06 a.m. 2. EXCUSED FROM MEETING All members were present. 3. BALL FOR POST AGENDA ITEMS The Chairman called for post agenda items. 4. ADOPTION OF AGENDA P-206/06 MOVED BY COUNCILLOR WUT2KE that the agenda be adopted as amended. MOTION CARRIED ~ ~v t 5. 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 P-207/06 MOVED BY COUNCILLOR SCHROEDER that a letter be written to Mr. Redelback indicating that the Municipal Planning Commission would like to see progress on this application by March lst, 2007, otherwise fines or a stop order will be issued. MOTION CARRIED b) Update on Planner and Development Control Officer Positions The Administrator informed the Commission that Ryan Roycroft has been hired as the Development Control Officer and will be starting December 18th, 2006. d) CSA 2240 The Acting Development Control Officer provided information to the Commission on the CSA 2240 standards. 6. COUNCIL & S.D.A.B. REPORT The Chairman provided this report to the Commission. 7. DEVELOPMENT REPORT There was no Development Report presented at this meeting 8. CORRESPONDENCE There was no correspondence to be presented at this meeting. G _ ~ ,. November 28, 2006 Municipal Planning Commission Page 2 9. DEVELOPMENT PERMITS a) Permit #3001 - SE 6-15-13-W4M (401 Pioneer Crescent) -Division 1 William & Naomi Wardrop (Owner} /Samantha Thomas (Applicant) Construction of a basement and moved-in dwelling unit P-208J06 MOVED BY COUNCILLOR WUTZKE that the Municipal Planning Commission APPROVE Development Permit # 3001 and that the building be classified as a "Moved-In Building" being a discretionary use within the HSF -Hamlet Single-Family District. Approval is being granted for the placement of a 50 year old 91.42 mZ (984 ft.2) moved in building on a foundation, as described in this application, where the following are required prior to commencement of construction, final approval and issuance of this permit: a) The developer providing the Development Officer with a copy of the occupancy permit issued by a licensed, accredited building inspection agency for the County of Newell. 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. c) The developer providing the County of Newell with an irrevocable letter of credit, or other form of security to the satisfaction of the municipality, in the amount of $2,500.00 to ensure that the requirements of the following conditions are met: 1. This development is complete as specified, with upgrades and/or new siding within one year from the date of approval. and subject to the following conditions: 1) This permit is being granted only the placement of a 50 year old 91.42 mz (984 ft.2) dwelling unit, and the construction to provide a foundation, on a Ptn. SE 6-15-13 W4M. Any additional development 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 85 of Land Use Bylaw #1443-03, and amendments thereto, pertaining to the HSF -Hamlet Single-Family District. c. the Alberta Building Code where applicable. d. any concerns put forth by the County Of Newell Public Works Department. e. any concerns put forth by the Rolling Hills Advisory Committee. f. any concerns put forth by Tirol Gas Co-Op. g. any concerns put forth by Eastern Irrigation District 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: a. the following setbacks are maintained for this development: Front Side Flankage Rear *7.5 m **1.5 m **3 m **3 m 'r L' l November 28, 2006 Municipal Planning Commission Page 3 *Minimum distance to be maintained from public road ROW or __ 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 manufactured home is placed on the foundation to be constructed. d. the property is not used for conducting a business or commercial operation. e. adequate supply of water is provided for potable use. f. site is graded so that storm water does not drain onto adjoining properties. g. there is proper and legal access provided to the property. h. there is proper disposal of sewage and waste from this use. i. the property is maintained to the satisfaction of the Development Officer. j. construction materials, supplies and equipment are stored on the property and not on the public roadway. k. 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. no contamination of soil, surface water or groundwater from this use. MOTION CARRIED Arrived at Meeting Martin Hofer arrived at 10:32 am b) Permit #3019 - NE 21-23-18-W4M -Division 9 Clearview Hutterian Brethren (Owner) /Martin Hofer (Applicant) Conversion of existing building to a manufacturing and fabrication operation P-209/06 MOVED BY COUNCILLOR SCHROEDER that the Municipal Planning Commission APPROVE the construction and conversion of the existing dairy barn to serve as a "Manufacturing and Fabrication Operation" as outlined in Development Permit #3019, being the construction and conversion of the building that will facilitate the manufacturing of plastics, on Ptn. NE 21-23- 18 W4M, 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 the building permit issued by a licensed, accredited building inspection agency for the County of Newell. b) The developer providing the Development Officer with a copy of an _ approved Private Sewage Disposal System (PSDS) permit issued by a licensed, accredited agency for the installation of a private sewage ~ ~~ , November 28, 2006 Municipal Planning Commission Page 4 disposal system. -- c) 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. d) The developer providing a copy of a detailed emergency response plan including emergency fire plans to the standards required by the County Of Newell No. 4 and Gem Fire Department. e) The developer providing a copy of the plans for the conversion of the building. and subject to the following conditions: 1) This permit is being granted only for the development of a 1486.45 m2 (16,000 ft.2) plastics manufacturing building, as approved in this application, on Ptn. NE 21-23-18 W4M. Any additional development 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 96 of Land Use Bylaw #1443-03, and amendments thereto, pertaining to the 1 -Industrial District. c. the Alberta Building Code where applicable. d. the Alberta Fire Code where applicable. e. any concerns put forth by the Eastern Irrigation District. f. any concerns put forth by the Gem Fire Department. g. any concerns put forth by the County of Newell Public Works Department. ,,., h. any concerns put forth by the County of Newell with regards to the emergency response plan. 3) This developer obtaining, and complying with, all other required permits including electrical, heating & ventilation, gas and plumbing from an accredited inspection agency, where applicable, and providing copies of the applicable permits to the Development Officer. 4) The developer ensuring: a. the following setbacks are maintained for this development: Front Side(s) Rear *7.5 m **3 m **3 m *Minimum distance to be maintained from subdivision streets or service roads. **Minimum distance to be maintained from the property lines. b. adequate supply of water is provided for fire suppression to the satisfaction of the County Of Newell No. 4/Gem Fire Department c. site is graded so that storm water does not drain onto adjoining properties. d. there is proper and legal access provided to the property. e. access can be provided for Emergency Services vehicles to the property. f. property is maintained to the satisfaction of the Development Officer. g. construction materials, supplies and equipment are stored on the property and not on the public roadway. h. continuous clean up of construction debris tracked onto the public roadway where access is provided to the property. i. appropriate form of dust suppression is maintained at this site at all ~ times. This shall be in the form of crushed rock, pavement, or other ~ , cJ November 28, 2006 Municipal Planning Commission Page 5 means satisfactory to the Development Authority. __ j. adequate parking space is available for this use. k. all outdoor garbage containers are stored in weatherproof and - animal-proof containers and are covered and screened from the public roadways. I. no contamination of soil, surface water or groundwater from this use. m. all hazardous waste materials are properly disposed of in regulated facilities. MOTION CARRIED Martin Hofer left the meeting at 10:42 a.m. 10. HOME OCCUPATION/HOME INDUSTRY PERMITS a) Permit #222 -Plan 8211763 Block 1 (SE 19-21-13-W4M) -Division Badi & Rosalia Beattie (Owner/Applicant) To obtain a permit to operate a Home Industry Minor -installer of underground sprinklers P-210/06 MOVED BY B. MCKELLAR that the Municipal Planning Commission APPROVE Home Industry Minor Permit # 222 and classify this use as a _ "Home Industry -Minor Permit " being a discretionary use within the A - Agricultural District and that approval be granted for a Sprinkler Installation °~ Operation, on Plan 8211763 Block 1 (within SE 19-21-13 W4M), and subject to the following conditions: 1) This permit is being granted only for the Home Industry Minor, as described in this application, to be located on Plan 8211763 Block 1 (within SE 19-21-13 W4M). Any additional development 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 79 of Land Use Bylaw #1443-03, and amendments thereto, pertaining to the A -Agricultural District. c. the provisions of Schedule D of Land Use Bylaw #1443-03, and amendments thereto. 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 owner ensuring: a) This use not affecting the residential use of the property or adjacent properties and area. b) The total number of off-site employees, not including the occupants of the residence involved with the said occupation, not exceeding four. c) The applicant ensuring there is no advertising or display of produce - being permitted on the property. - ~.v November 28, 2006 Municipal Planning Commission Page 6 d) The applicant ensuring there is no outside storage of goods or materials related to this Home Industry Permit. e) The applicant ensuring no noise, vibration, smoke, dust or odors, which may affect adjacent landowners or development, are created from this home industry minor. f) The applicant ensuring adequate parking space is available for this use; up to four stalls, within the front yard setback. g) The applicant ensuring daily business related trips do not exceed four. h) This permit being valid for a time period of three years from the date of approval, at which time it may be either revoked or renewed by the Development Authority. MOTION CARRIED 11. AGRICULTURAL SUPPORT SERVICE PERMITS There were no new Agricultural Support Service Permits to review. 12. STATUTORY PLANS -NEW & AMENDMENTS There were no Statutory Plans to review. Arrived at Meeting Jeff Riddell arrived at 10:56 a.m. 13. LAND USE CHANGES a) #06 LUA 024 - Ptn. NW 8-24-15-W4M Marian Christianson & Ruth Riddell (Owner) /Jeff & Ruth Riddell (Applicant) Division 9 (Approx. 2.3 ac) From A -Agricultural District to RUR -Rural Residential District P-211/06 MOVED BY COUNCILLOR WUTZKE that the Municipal Planning Commission recommend to County Council to provide first reading to change approximately 2.3 ac (0.93 ha) of land in NW 8-24-15 W4M from A - Agricultural District to RUR -Rural Residential District, with the access being moved to the south end of the proposed parcel. Jeff Ridded left the meeting at 11:20 a.m. Arrived at Meeting MOTION CARRIED ,-- Sheldon Houseman and Dave Houseman arrived at 11:29 a.m. L ~ ~• November 28, 2006 Municipal Planning Commission Page 7 b) #06 LUA 025 - NW 34-18-15-W4M SDH Oilfield Consulting Ltd. (Owner) / Sheldon Houseman (Applicant) Division 5 (Approx. 9.04 ac) From A -Agricultural District to CR -Country Residential District P-212/06 MOVED BY S. SWENSON that the Municipal Planning Commission recommend to County Council to provide first reading to change approximately 9.04 acres (3.66 ha) of land in Ptn. NW 34-18-15 W4M, from A -Agricultural District to CR -Country Residential District. MOTION CARRIED Sheldon Houseman and Dave- Houseman left the meeting at 11:44 a.m. Arrived at Meeting Gail Parker arrived at 11:45 a.m. d) #06 LUA 027 - NE 35-20-16-W4M Gail & Lyle Parker (Owner/Applicant) Division 7 (Approx. 8.40 ac) From A -Agricultural District to RUR -Rural Residential District P-213/06 MOVED BY COUNCILLOR SCHROEDER that the Municipal Planning _ Commission recommend to County Council to provide first reading to change approximately 3.40 hectares (8.40 acres) of land in NE 35-20-16 W4M from A -Agricultural District to RUR -Rural Residential District. MOTION CARRIED Gail Parker left the meeting at 11:53 a.m. LUN H The Committee RECESSED for lunch at 11:53 a.m. and RECONVENED at 12:51 p.m. 14. SUBDIVISIONS c) #06 NL 017 - SE 35-21-19-W4M Beringer Farms Ltd. (Owner) /Edward & Melanie Chapman (Applicant) Subdivision of an agricultural parcel to build a home P-214/06 MOVED BY B. MCKELLAR that the Municipal Planning Commission -- recommend REFUSAL of Subdivision #06 NL 017, due to this request ~~ November 28, 2006 Municipal Planning Commission Page 8 unnecessarily creating fragmentation of agricultural lands in a --- predominantly unfragmented agricultural area of the County and that this application does not meet the County preferred minimum size of 65 hectares for an agricultural parcel. P-215/06 MOVED BY COUNCILLOR SCNROEDER that this motion be tabled. MOTION CARRIED Arrived at Meeting Gary and Patricia Norton arrived at 1:17 p.m. a) #06 NL 015 - Ptn. NW 36-20-16-W4M Gary & Patricia Norton (Owner/Applicant) Subdivision of approximately 2.88 hectares (7.11 acres) (home and other structures) from the Agricultural parcel P-216j06 MOVED BY COUNCILLOR SCHROEDER that the Municipal Planning Commission recommend to Council APPROVAL of Subdivision #06 NL 015 subject to the following conditions: ~,., 1. That all oil and gas company leases, rights of way and board orders, be carried forward, when the subdivision 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 an agreement with the County of Newell for the installation, upgrade and/or removal of any required road approaches to the proposed and/or remnant parcels. 4. The applicant providing municipal reserve in the form of cash-in-lieu. The total amount will be determined at the time of endorsement by the municipality. The applicant may provide an appraisal conducted by a certified professional to determine market value of land if the per acre calculation by the County is disputed by the applicant. 5. The applicant meeting 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 Gary and Patricia Norton left at 1:27 p.m. Arrived at Meeting Brian de Jong arrived at 1:33 p.m. ~ , ~. November 28, 2006 Municipal Planning Commission Page 9 5. BUSINESS FROM MINUTES -Continued c) #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 P-217/06 MOVED BY COUNCILLOR SCHROEDER that the Municipal Planning Commission recommend to County Council to provide first reading to change approximately 0.97 hectares (2.4 acres) of land in a portion of the NE 6-20-14-W4M from A -Agricultural District to RUR -Rural Residential District MOTION CARRIED 13. LAND USE CHANGES -Continued c) #06 LUA 026 - SE 6-20-14-W4M Rock Lake Dairy Ltd. (Owner) /Brian de Jong (Applicant) Division 8 (Approx. 1.32 ac, 1.37 ac) From A -Agricultural District to CR -Country Residential District P-218/06 MOVED BY COUNCILLOR WUTZKE that the Municipal Planning _ Commission recommend to County Council to provide first reading to change approximately 2.69 acres of land in a portion of SE 6-20-14-W4M from A -Agricultural District to CR -Country Residential District MOTION DEFEATED P-219/06 MOVED BY S. SWENSON that the Municipal Planning Commission recommend to County Council to provide first reading to change approximately 2.0 acres of land in a portion of the SE 6-20-14-W4M from A - Agricultural District to RUR -Rural Residential District MOTION CARRIED 14. SUBDIVISIONS -Continued b) #06 NL 016 - SE 6-20-14-W4M Rock Lake Dairy Ltd. (Owner) /Brian de Jong (Applicant) Subdivision of approximately 0.81 hectares (2.0 acres) into 1 RUR - Rural Residential lot from an A -Agricultural District P-220/06 MOVED BY COUNCILLOR WUTZKE that the Municipal Planning _ Commission recommend to Council APPROVAL of Subdivision #06 NL 016 G.V r November 28, 2006 Municipal Planning Commission Page 10 for the creation of one Rural Residential lot subject to the following ~-- conditions: 1. That all oil and gas company leases, rights of way and board orders, be carried forward, when the subdivision 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 an agreement with the County of Newell for the installation, upgrade and/or removal of any required road approaches to the proposed and/or remnant parcel. 4. The applicant providing municipal reserve in the form of cash-in-lieu. The total amount will be determined at the time of endorsement by the municipality. The applicant may provide an appraisal conducted by a certified professional to determine market value of land if the per acre calculation by the County is disputed by the applicant. 5. The applicant meeting 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. 7. Subject to Land Use being rezoned to RUR -Rural Residential District. MOTION CARRIED Brian de Jong left the meeting at 2:08 p.m. Arrived at Meeting Cory 8aksa arrived at 2:09 p.m. 10. HOME OCCUPATIONlHOME INDUSTRY PERMITS -Continued b) Permit #223 - Ptn. SE & SW 5-19-15-W4M -Division 5 D.A. Dick (Owner) /Cory Baksa (Applicant) To obtain a permit to operate a Home Industry Major -Welding & Repair business P-221/06 MOVED BY COUNCILLOR SCHROEDER that the Municipal Planning Commission recommend to County Council to APPROVE Home Industry Major Permit # 223 and classify this use as a "Home Industry -Major Permit "and that approval be granted fora "Welding and Repair Shop" operation, on Ptn. SE & SW 5-19-15 W4M, subject to the following conditions: 1) This permit is being granted only for the Home Industry Major, as described in this application, to be located on Ptn. SE & SW 5-19-15 W4M. Any additional development 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 97 of Land Use Bylaw #1443-03, and amendments thereto, pertaining to the DC -Direct Control District. C . 1/ November 28, 2006 Municipal Planning Commission Page 11 c. the provisions of Schedule E of Land Use Bylaw #1443-03, and __ amendments thereto. d. any concerns put forth by the Eastern Irrigation District. e. any concerns put forth by the Public Works Department. f. any concerns put forth by the various oil and gas companies listed on title. 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 owner ensuring: a) This use not affecting the residential use of the property or adjacent properties and area. b) The total number of off-site employees, not including the occupants of the residence involved with the said occupation, not exceeding five. c) There is no advertising or display of produce being permitted on the property. d) No noise, vibration, smoke, dust or odours, which may affect adjacent landowners or development, are created from this home industry major. e) Adequate parking space is available for this use: up to five stalls, within the front yard setback. f) Daily business related trips do not exceed four. g) This permit being valid for a time period of three years from the date of approval, at which time it may be either revoked or renewed by _ the Development Authority. MOTION CARRIED 14. SUBDIVISIONS -Continued d) #06 NL 018 - Ptn. SW 17-21-17-W4M Leroy Aimoto (Owner) /Cory Baksa (Applicant) Subdivision of a Light Industrial parcel to consolidate with an adjacent parcel P-222/06 MOVED BY COUNCILLOR SCHROEDER that the Municipal Planning Commission recommend to Council APPROVAL of Subdivision #06 NL 018 of 0.42 hectares (1.04acres) subject to the following conditions: 1. That the subdivided parcel of 0.42 hectares (1.04 acres) be consolidated by plan with Certificate of Title parcel 011377886 to the west. 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 V ~~ November 28, 2006 Municipal Planning Commission Page 12 ._ L. _. 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 Cory Baksa left the meeting at 2:25 p.m. 15. OTHER BUSINESS a) Site Visits The Acting Development Control Officer indicated that she has done a few site visits. However, due to time constraints, she has not been able to do very many. 16. POST AGENDA a) Municipal Land Use Planning -Discussion Paper The Administrator informed the commission that this discussion paper was circulated at the AAMD&C convention. This item was presented to the Commission as information. b) Permit #2912 The Commission was informed that only the basement parging and the installation of shutters are remaining prior to a full release of the letter of credit. P-223/06 MOVED BY COUNCILLOR WUTZKE that the Municipal Planning Commission approve the release of $4,000 from the letter of credit and continue to hold $1,000 until the basement parging is complete, and the shutters be removed as a condition of final approval. MOTION.CARRIED c) Permit #2839 Complaints on the unsightly dirt piles have been received and were discussed. ;.- P-224/06 MOVED BY COUNCILLOR SCHROEDER that a letter be written to the applicant indicating that the site be properly maintained as per the permit condition that the developer ensure the property is maintained to the satisfaction of the Development Officer. MOTION CARRIED ~~r November 28, 2006 Municipal Planning Commission Page 13 d) SE 8-19-14-W4M The Acting Development Control Officer informed the Commission that a letter of complaint was submitted to the Planner regarding extra buildings on this land that do not have permits. P-225/06 MOVED BY COUNCILLOR WUTZKE that a letter be sent to the landowner indicating that the two mobile homes have to be removed within 45 days otherwise a stop orders and/or fines will be issued. MOTION CARRIED 17. IN CAMERA ITEMS There were no in camera items. 18. QUESTION PERIOD None 19. INFORMATION ITEMS None 20. AD]OURN P-226/06 MOVED BY COUNCILLOR SCHROEDER that the meeting adjourn at 2:57 p.m. MOTION CARRIED ~ee.~ ADMINISTRA OR November 28, 2006 Municipal Planning Commission Page 14