HomeMy WebLinkAbout2009-03-10 Municipal Planning Commission (Regular) Minutes'^ COUNTY OF NEWELL NO. 4
MUNICIPAL PLANNING COMMISSION MEETING
March 10, 2009
The regular Municipal Planning Commission Meeting of the County of Newell No. 4 was
held in the County Office at Brooks, AB on Tuesday, March 10, 2009 commencing at
10:00 a.m.
MEMBERS
PRESENT: M. Douglass, Councillor
W. Daniels, Councillor
]. Harbinson, Councillor
S. Evans, Councillor
B. de Jong, Councillor
H. Wutzke, Councillor
A.M. Philipsen, Councillor
I. Schroeder, Councillor
R. Andrews, Councillor
B. McKellar, Member
ABSENT: A. Eastman, Councillor
S. Swenson, Member
STAFF: D. Horvath, Planner - ORRSC
~.. L. Johnson, Assistant Administrator
M. Harbicht, Superintendent of Public Works
A. Wickert, Development Control Oft:lcer
D. Lester, Development Control Clerk
OTHERS IN
ATTENDANCE: David & Cheryl Andrews, 2009-0-043
Karen Peters, Midwest Surveys, 2009-0-047
Kasy Kaczanowski, Item l0a
1. CALL TO ORDER
The Chairman called the meeting to order at 10:00 a.m.
2. EXCUSED FROM MEETING
P-21/09 MOVED BY COUNCILLOR I. SCHROEDER that Councillor A. Eastman be
excused from the meeting.
MOTION CARRIED
3. MINUTES
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a) February 10, 2009
One change was noted:
Motion P-20/09 -Councillor R. Andrews adjourned the meeting
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Arrived at Meeting
Councillor Harbinson arrived at 10:02 a.m.
P-22/09 MOVED BY COUNCILLOR M. DOUGLASS that the minutes of the February
10, 2009 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-23/09 MOVED BY COUNCILLOR R. ANDREWS that the agenda be adopted as
amended.
MOTION CARRIED
6. DEVELOPMENT REPORT -February 4 -March 2. 2009
P-24/09 MOVED BY COUNCILLOR S. EVANS that the Development Report be
accepted.
MOTION CARRIED
Councillor R. Andrews declared an interest and left the meeting at 10:03 a.m. L...J
Arrived at Meeting
David and Cheryl Andrews arrived at 10:04 a.m.
7. SUBDIVISIONS
a) #2009-0-043 - NE 26-17-17-W4M, Division 4
Lazy A Farms Ltd. C/O David Andrews (Owner /Applicant)
To subdivide an approximate 5.10 Acre parcel from a quarter section
legally known as the NE of 26-17-17-W4M.
The County Planner provided background information on the proposed
subdivision.
P-25/09 MOVED BY COUNCILLOR B. DE ]ONG that the Municipal Planning
Commission APPROVE subdivision #2009-0-043, 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.
MOTION CARRIED
Left the Meeting
David and Cheryl Andrews left the meeting at 10:06 a.m.
March 10, 2009
Municipal Planning Commission
Page 2
/"` Arrived at Meeting
Councillor R. Andrews re-entered the meeting at 10:07 a.m.
c) #2009-0-038 -Parcel A, Plan 8411G) in NW 24-17-14-W4M, Division 2
961078 Alberta Ltd. C/O Devon Buteau (Owner /Applicant)
To subdivide an approximate 9.80 Acre parcel from a quarter section
legally known as a portion of Parcel A in the NW 24-17-14-W4M.
The County Planner provided background information on the proposed
subdivision.
P-26/09 MOVED BY COUNCILLOR I. SCHROEDER that the Municipal Planning
Commission APPROVE subdivision #2009-0-038, subject to the following
conditions:
1. That all outstanding property taxes shall be paid to the County of
Newell.
2. That the 10% reserve requirement be provided as money in place of
land on the 9.80 Acres at the market value of $825.00 per acre with the
actual acreage and amount to be paid to the County of Newell be
determined at the final stage, for Municipal Reserve Purposes.
MOTION CARRIED
8. AGRICULTURAL SUPPORT SERVICES & HOME OCCUPATION PERMITS
a) II~O #239 - NW 11-17-13-W4M, Division 2
~ Frank Buday (Owner) / Miranda's Country Touch C/O Miranda Flannery
(Applicant)
Massage Therapy/Reflexology Business
The Development Control Officer provided background information on
the proposed home occupation permit.
P-27/09 MOVED BY COUNCILLOR H. WUTZKE that the Municipal Planning
Commission APPROVE Home Occupation Permit #239, granting a
permanent permit to operate a Home Occupation 2 business, Miranda's
Country Touch, subject to the following conditions:
This permit is being granted only for the use of the dwelling for the
business, Miranda's Country Touch, on lands legally described as NW 11-
17-13 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 Agricultural District and the Home
Occupation requirements (Schedule 13).
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 February 11, 2009. Any changes to
March 10, 2009 Municipal Planning Commission Page 3
that plan shall require the written approval of the Development
Officer.
b) 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 ftZ (0.4 mZ) placed flat
against the building or fence.
c) That there is adequate parking space for this use, in this instance, 1
parking stall for customer use.
MOTION CARRIED
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This item was postponed until the April 14~h MPC meeting.
Arrived at Meeting
Karen Peters from Midwest Surveys arrived at 10:16 a.m.
7. SUBDIVISIONS CONTD.
b) #2009-0-047 - SE 8-23-16-W4M, Division 9
Bill King (Owner) /Midwest Surveys (Applicant)
To subdivide an approximate 1.17 Acre parcel from a quarter section
legally known as the SE 8-23-16-W4M.
The County Planner provided background information on the proposed ,~
subdivision.
P-28/09 MOVED BY COUNCILLOR M. DOUGLASS that the Municipal Planning
Commission APPROVE subdivision #2009-0-047, subject to the following
conditions:
1. That all outstanding property taxes shall be paid to the County of
Newell.
2. That the applicant or owner enter into a road approach agreement
with the County of Newell and that any required approach of road
upgrades be constructed to the satisfaction of the County of Newell
Public Works Department prior to finalization.
3. That any requirements of ATCO Gas & Pipelines be met prior to
finalization.
MOTION CARRIED
Left the Meeting
Karen Peters of Midwest Surveys left the meeting at 10:23 a.m.
10. OTHER BUSINESS
a) Westland Acres Residents -Subdivision Procedures
The County Planner provided an update on the status of file 2007-0-
288. Many conditions have been satisfied and documentation is
currently being received by ORRSC. The County Planner also indicated
that the developer has decided to split the proposal into 2 phases, the
first containing 14 lots. Alberta Transportation has stated that they will
March 10, 2009 Municipal Planning Commission Page 4
~ not require a Traffic Impact Assessment to be completed for the first 14
lots to be registered. Any additional lots over and above these first 14
will require a Traffic Impact Assessment.
Discussion continued regarding fire water dugouts. The Superintendent
of PW inquired about why we have been asking for them. The County
Planner replied that it is a condition required by other municipalities in
the area, and that since conditions cannot be added once approval is
given, it is better to ask for something that we end up not needing
rather than wish we had required for something later. The County
Planner indicated that she would contact the County of Lethbridge to see
if they have specific guidelines regarding fire water dugouts. Further
discussion continued regarding the liability created by having a fire
water dugout.
The Chief Administrative Officer asked the County Planner to provide an
approximate timeline about when the subdivision could be finalized. The
County Planner indicated that it could be as fast as two or three weeks
or well into the summer; it is in the hands of the developer at this point.
The Administrator also indicated that there were issues with the
construction plans for the road. The engineer has indicated that unless
the roads are paved, he will not be able to stamp the plans. The
developer therefore, would like to implement a local improvement tax to
recover the cost of paving the road. In order for a local improvement
tax to be implemented, a request would need to be brought forward to
Council by the developer for consideration.
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Arrived at Meeting
Kasy Kaczanowski arrived at 11:02 a.m.
Mr. Kaczanowski was asked to update the Commission on the tasks that
he was responsible for after the previous meeting. Mr. Kaczanowski
stated that he had spoken with Dean Morin of Alberta Safety Codes and
had arranged for him to make a presentation to the Municipal Planning
Commission regarding subdivision and development standards in
relation to water and sewer systems for future county developments.
Mr. Kaczanowski also indicated that he had spoken with the County
Planner regarding whether or not there will be architectural controls
implemented for this phase of Westland Acres. The County Planner
indicated that there would be architectural controls registered on each
new title, and that the developer had indicated that he plans to use the
same controls that were used with the existing development. Mr.
Kaczanowski then asked for an update on whether the Administrator or
Councillor Wutzke had determined if there would be an opportunity for
concerned residents to consult with the developer's engineer regarding
drainage. The Administrator indicated that he understood from the
previous meeting that Mr. Kaczanowski wanted to have the completed
drawings available for the residents to view if they wished. Mr.
Kaczanowski expressed that he understood that the Administrator
and/or Councillor Wutzke were going to see if discussion could occur
between the concerned residents and the engineer prior to the
completion of the drainage plans. Councillor Wutzke indicated that
according to the developer, the drawings were nearly completed. He
also indicated that communication between Mr. Kaczanowski and the
engineer is not a process that is the responsibility of the County.
Councillor Wutzke further indicated that in his discussions with the
March 10, 2009 Municipal Planning Commission Page S
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developer that there will not be an opportunity for residents to speak to ~~
the engineer, but that the drawings will be available to look at once they
are completed. Mr. Kaczanowski asked about providing the local
knowledge that the residents have regarding the area to County staff
who will be reviewing the plan. The Administrator stated that since we
do not have an engineer on staff, we rely on the recommendations
shown on the stamped drawings. Engineers are trained to look at a
subdivision design and take into account all factors that may affect
drainage.
Mr. Kaczanowski inquired about the regional water pipeline that will be
installed near Westland Acres. He asked for guidance with regards to
whether Westland Acres should tie in or not. Councillor Schroeder stated
that the neighbourhood as a whole would be able to tie on if they
decided to. He added that the system does have the capacity to expand
and include WLA. Westland Acres residents should contact the Newell
Regional Services Corporation for further information.
Left the Meetino
Kasy Kaczanowski left at 11:33 a.m.
b) Alberta Safety Codes - Subdivision and Development Standards in
relation to water and sewer systems for County Developments
This item was postponed until 1:00 p.m.
11. POST AGENDA
There were no post agenda items.
12. IN CAMERA ITEMS
There were no in camera items.
13. QUESTION PERIOD
None
14. INFORMATION ITEMS
a) Inter Pipeline -Bow River Pipeline Segregation Project
This item was accepted as information.
March 10, 2009 Municipal Planning Commission Page 6
~,.1 15. AD7OURN
P-29/09 MOVED BY COUNCILLOR ~. HARBINSON that the meeting adjourn at
11:34 p.m.
MOTION CARRIED
CHAIRMAN
ASST. ADMINIST R
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