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HomeMy WebLinkAbout2006-12-19 Municipal Planning Commission (Regular) Minutesa,,,, COUNTY OF NEWELL NO. 4 ' MUNICIPAL PLANNING COMMISSION MEETING DECEMBER 19, 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, December 19, 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: T. Steell, Acting Development Control Officer R. Roycroft, Development Control Officer A. Martens, County Administrator C. Jakobsen, Administrative Sectary OTHERS IN ATTENDANCE: Melanie Chapman, #06 NL 017 Connie Beringer, #06 NL 017 William Swenson, DP #3023 '- Janice Swenson, DP #3023 W. Daniels, Councillor 1. CALL TO ORDER The Chairman called the meeting to order at 10:00 a.m. 2. EXCUSED FROM MEETING All members were present. 3. MINUTES a) October 31, 2006 P-227/06 MOVED BY COUNCILLOR WUTZKE that the minutes of the October 31, 2006 Municipal Planning Commission meeting be adopted as presented. r- MOTION CARRIED ~,v. b) November 20, 2006 P-228/06 MOVED BY B. MCKELLAR that the minutes of the November 20, 2006 Municipal Planning Commission meeting be adopted as presented. MOTION CARRIED c) November 28. 2006 The Commission made the following changes to the minutes: Page 1 -Spelling correction for Baksa P-229/06 MOVED BY S. SWENSON that the minutes of the November 28, 2006 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-230/06 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, ]anet Mapes, Ron Redelback (Owners) Ron Redelback (Applicant) Legalize Existing Development -Creation of 14 Additional Lots The Acting Development Control Officer presented the Commission with a letter from Strom and Associates indicating that an Area Structure Plan is to be presented to the Commission by May 1, 2007. This letter was taken as information. c.~~ December 19, 2006 Municipal Planning Commission Page 2 ,,,_ c) SE 18-19-14-W4M The Acting Development Control Officer updated the Commission on the letter that was sent to Mr. Reesor regarding the removal of three buildings. The first building (the shed) did not require a permit, the second (a mobile home) is to be removed within the previously stated 45 days and the third (a mobile home) which if to be converted must comply with Alberta Building Codes and Alberta Infrastructure and Transportation. A letter will be sent to Mr. Reesor informing him of this information. 7. COUNCIL & S.D.A.B. REPORT The Chairman provided this report to the Commission. 17. POST AGENDA a) Land use Framework The Chairman informed the Commission of a number of items that were discussed at this Framework session. The Chairman indicated that those looking for more information could borrow the binder of materials from him, if they so wished. 8. DEVELOPMENT REPORT P-231/06 MOVED BY COUNCILLOR SCHROEDER that the Development Report be accepted. MOTION CARRIED Arrived at Meeting William and Janice Swenson arrived at 10:30 a.m. 10. DEVELOPMENT PERMITS a) Permit #3023 - Pt. SW 30-16-15-W4M -Division 4 William (Bill) & Janice Swenson (Owner/Applicant) Replacement residence with attached garage and a setback variance P-232/06 MOVED BY COUNCILLOR WUTZKE that the Municipal Planning Commission APPROVE Development Permit # 3023 and that the replacement residence with attached garage be classified as a "Dwelling .- Unit" being a discretionary use within the A -Agricultural District. Approval is being granted for the construction of a 130.81 m2 (1,408 ftZ) replacement December 19, 2006 Municipal Planning Commission Page 3 residence, 44.97 m2 (484 ft2) attached garage and a Variance of 2.87 m is being granted for the front (west) setback on SW 30-16-15 W4M, 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 building 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. and subject to the following conditions: 1. This permit is being granted only for the construction of a 130.81 mz (1,408 ft2) replacement residence, 44.97 mZ (484 ft2) attached garage and a Variance of 2.87 m is being granted for the front (west) setback, on SW 30-16-15 W4M. Any additional development shall require prior approval of a separate permit application. 2. This 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 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 various gas companies. f. any concerns put forth by Alberta Infrastructure and Transportation. g. any concerns put forth by the Agricultural Service Board. - 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 Side Rear *27.13 m **3.0 m **3.0 m *Minimum distance to be maintained from public road ROW or highways. **Minimum distance to be maintained from the property lines. b. the proposed buildings are consistent with the purpose of the land use district and that the design, character and appearance of the proposed buildings are compatible with, or exceed the standard of, other buildings in the vicinity. c. the property is not used for conducting a business or commercial operation. d. an adequate supply of water is provided for potable use. 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. adequate parking space is available for these uses. h. there is proper disposal of sewage and waste from this use. i. the property is maintained to the satisfaction of the Development Officer. - ,v December 19, 2006 Municipal Planning Commission Page 4 ,•-, 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. no contamination of soil, surface water or groundwater from this use. n. the new dwelling unit must tie into the existing private sewage disposal system (PSDS). William and Janice Swenson left the meeting at 10:40 a.m. 16. OTHER BUSINESS MOTION CARRIED a) Minimum Size Requirements for Agricultural Parcels A discussion was held on the matter of minimum size requirements for agricultural parcels. It was indicated that there should be more control on small agricultural parcels. Arrived at meeting Jamal Ramjohn, Acting County Planner arrived at 11:03 a.m. Melanie Chapman and Connie Beringer arrived at 11:10 a.m. 6. BUSINESS FROM MINUTES -Continued b) #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-233/06 MOVED BY B. MCKELLAR that motion P-214/06, which reads as follows, be lifted from the table: "MOVED BY B. MCKELLAR that the Municipal Planning Commission recommend REFUSAL of Subdivision #06 NL 017, due to this request 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." .~-- MOTION CARRIED C' . V . December 19, 2006 Municipal Planning Commission Page 5 Vote on motion P-214/06 MOTION DEFEATED P-234/06 MOVED BY COUNCILLOR WUTZKE that the Municipal Planning Co mmission recommend to Council APPROVAL of Subdivision #06 NL 017, subject to the following conditions: 1. That a parcel of 2.02 hectares (4.99 acres) be subdivided as shown in attached figure provided by the applicant. 2. The applicant entering into an agreement with the County of Newell for the construction of a home on the subdivided parcel (the applicant and the County must sign the agreement with a stipulated time period for home construction to complete this condition). 3. The applicant making application for Land Use Amendment for the 4.99 ac subdivided parcel from Agriculture to Rural Residential (RUR) district. 4. 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. 5. 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. 6. 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. 7. That the applicant meet all the requirements of the Eastern Irrigation District with respect to the conveyance of water as well as easements. 8. That all outstanding municipal taxes be paid prior to the endorsement. MOTION CARRIED Melanie Chapman and Connie Beringer left the meeting at 11:32 a.m. Jamal Ramjohn left the meeting at 11:32 a.m. 9. CORRESPONDENCE There was no correspondence to be presented at this meeting. 10. DEVELOPMENT PERMITS -Continued b) Permit #3024 - NW 33-19-14-W4M -Division 10 Gray & Company Holdings Ltd. (Owner) /Doug Gray (Applicant) Second residence as a new modular home with attached garage S. Swenson declared a pecuniary interest and refrained from voting on this matter. S. Swenson left the Council Chambers at 11:50 a.m. ~ .~l December 19, 2006 Municipal Planning Commission Page 6 ~ P-235/06 MOVED BY COUNCILLOR WUTZKE that the Municipal Planning Commission APPROVE Development Permit # 3024 and that the building be classified as a "Dwelling Unit" being a discretionary use within the A - Agricultural District. Approval is being granted for the construction of new 167.23 m2 (1,800 ft.2) modular home with 57.97 mz (624 ft.z) attached garage, 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 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 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. and subject to the following conditions: 1) This permit is being granted only the construction of a 167.23 mz (1,800 ft.Z) modular home with 57.97 mZ (624 ft.2) attached garage, on NW 33- 19-14 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 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 various gas companies. f. 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 that: a. the following setbacks are maintained for this development: Front (south) Side Rear *30 m **3 m **3 m *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. an adequate supply of water is provided for potable use. d. the site is graded so that storm water does not drain onto adjoining '" properties. e. there is proper and legal access provided to the property. ~.v. December 19, 2006 Municipal Planning Commission Page 7 f. there is proper disposal of sewage and waste from this use. g. the property is maintained to the satisfaction of the Development Officer. h. construction materials, supplies and equipment are stored on the property and not on the public roadway. i. there is continuous clean up of construction debris tracked onto the public roadway where access is provided to the property. j. all outdoor garbage containers are stored in weatherproof and animal-proof containers and are covered and screened from the public roadways. k. there is no contamination of soil, surface water or groundwater from this use. MOTION CARRIED S. Swenson returned to Council Chambers at 11:52 a.m. The MPC Chairman excused himself from the rest of the meeting. Councillor Schroeder, MPC Vice-Chairman, assumed the chair. LUNCH The Committee RECESSED for lunch at 11:53 a.m. and RECONVENED at 1:05 p.m. 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. 14. LAND USE CHANGES There were no new Land Use Changes to review. 15. SUBDIVISIONS There were no new Subdivisions to review. ~_v. December 19, 2006 Municipal Planning Commission Page 8 ,,.,, Arrived at Meeting Councillor Daniels arrived at 1:05 p.m. Jamal Ramjohn re-entered at 1:15 p.m. 16. OTHER BUSINESS -Continued a) Minimum Size Requirements for Agricultural Parcels Councillor Daniels presented his concerns to the Commission regarding the size requirements. A general discussion followed in this size requirement as well as the zoning of the remnant parcel. Councillor Daniels left the meeting at 1:49 p.m. Jamal Ramjohn left the meeting at 1:53 p.m. b) Permit #2980 - NW 36-18-15-W4M Jackson Cattle Company Ltd. (Owner) /Bill Jackson (Applicant) Re: Alberta Infrastructure and Transportation Request The Acting Development Control Officer was directed to write a letter back .-- to the applicant indicating that condition "d" is a standard condition prior to the commencement of construction with reference to section 73(1) A. c) NRCB -Application LA06015 The Acting Development Control Officer presented an application from NRCB to the Commission. The Acting Development Control Officer was directed to write a letter indicating that the County has no concerns with this application. d) Permit #3005 -Plan 12176 Block 7 Lot 1 (Pt. NE 13-20-13-W4M) Larry & Tina Donald (Owner) / Zamar Navratil (Applicant) Re: Condition "d" -Drainage Plan Inspection The Acting Development Control Ofl=tcer informed the Commission that the Technical Manager has indicated that he cannot do the drainage plan inspection due to the snowfall. The Municipal Planning Commission directed the Acting Development Control Officer to request that the Technical Manager re-evaluated the drainage plan as the snow has now melted. ,--- ~,v December 19, 2006 Municipal Planning Commission Page 9 18. IN CAMERA ITEMS There were no in camera items. 19. QUESTION PERIOD None 20. INFORMATION ITEMS None 21. ADJOURN P-236/06 MOVED BY COUNCILLOR WUT2KE that the meeting adjourn at 2:13 p.m. MOTION CARRIED CH /~--~ -. ADMI ISTRATOR December.l9, 2006 Municipal Planning Commission Page 10