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HomeMy WebLinkAbout2009-06-16 Municipal Planning Commission (Regular) MinutesCOUNTY OF NEWELL NO. 4 MUNICIPAL PLANNING COMMISSION MEETING June 16, 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, June 16, 2009 commencing at 10:00 a.m. MEMBERS PRESENT: M. Douglass, Councillor J. Harbinson, Councillor S. Evans, Councillor B. De Jong, Councillor H. Wutzke, Councillor A.M. Philipsen, Councillor I. Schroeder, Councillor A. Eastman, Councillor W. Daniels, Councillor S. Swenson, Member B. McKellar, Member ABSENT: R. Andrews, Councillor STAFF: D. Horvath, Planner ORRSC L. Johnson, Assistant Administrator A. Wickert, Development Control Officer D. Lester, Development Control Clerk OTHERS IN ATTENDANCE: Martin Wiebe, DP #3317 Cory Baksa Bernie Blieske, 2008 -0 -088 1. CALL TO ORDER The Chairman called the meeting to order at 10:00 a.m. 2. EXCUSED FROM MEETING P -49/09 MOVED BY COUNCILLOR A. EASTMAN that Councillor R. Andrews be excused from the meeting. 3. MINUTES a) May 12, 2009 MOTION CARRIED P -50/09 MOVED BY COUNCILLOR B. DE JONG that the minutes of the May 12, 2009 Municipal Planning Commission meeting be adopted as presented. MOTION CARRIED P -51/09 MOVED BY COUNCILLOR M. DOUGLASS that the agenda be adopted as amended. Arrived at Meeting Martin Wiebe, Cory Baksa and Bernie Blieske arrived at 10:03 a.m. June 16, 2009 4. CALL FOR POST AGENDA ITEMS The Chairman called for post agenda items. 5. ADOPTION OF AGENDA 9. DEVELOPMENT PERMITS e) DP #3317 SE 2 -21 -16 -W4M, Division 7 Martin Wiebe (Owner Applicant) Construction of an oversized shop and cold storage building MOTION CARRIED The Development Control Officer provided background information on the proposed development permit indicating that this building will be used for the Agricultural operation and would not have needed a permit if the land was not zoned Country Residential. P 52/09 MOVED BY COUNCILLOR A. EASTMAN that the Municipal Planning Commission APPROVE Development Permit #3317 and grant approval for the construction of the over -size accessory building, and providing approval for a third accessory building on the parcel, and subject to the following conditions: This permit is being granted only for the construction of a 4000 ft (371.6 m accessory building on lands legally described as SE 2 -21 -16 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 Country Residential 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 e) That this development is located as shown on the site plan approved in this application and submitted May 29, 2009. Any changes to that plan shall require the written approval of the Development Officer. f) 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. g) That there is a 2 m (6.6 ft.) separation distance between the new building and any proposed accessory buildings. h) That the property is not used for conducting a business or Municipal Planning Commission Page 2 i) j) Left the Meeting Martin Wiebe left at 10:09 a.m. June 16, 2009 8. SUBDIVISIONS 7. BUSINESS FROM MINUTES commercial operation without first obtaining the required permits. That the proposed accessory building is not used for living purposes. That the following setbacks are maintained for this development: Front (east) 100 ft (36.6 m) Side (north and south) 20 ft (6.1m) Rear (west) 20 ft (6.1 m) MOTION CARRIED a) Permit #3302 HO #243 Lot 6, Block 1, Plan 021 2021, NW 33- 19-14-W4M, Division 10 Kory Debbie Schottenbauer (Owner Applicant) Construction of a shop for a home occupation 2 business The Development Control Officer informed the Board that Permit #3302 and HO #243 have been withdrawn. 7. DEVELOPMENT REPORT MAY 7 JUNE 10, 2009 P -53/09 MOVED BY COUNCILLOR S. EVANS that the Development Report be accepted. MOTION CARRIED a) #2009 -0 -077 SW 18 -17 -12 -W4M, Division 2 1022739 Alberta Ltd. C/O Tony Dovichak (Owner Applicant) To subdivide an approximate 6.67 acre Country Residential parcel from previously subdivided quarter section. The County Planner provided background information on the proposed subdivision. P -54/09 MOVED BY COUNCILLOR I. SCHROEDER that the Municipal Planning Commission APPROVE subdivision #2009 -0 -077, subject to the following conditions: 1. That the 10% reserve requirement be provided as money in place of land on the 6.67 acres at the market value of $600.00 per acre with the actual acreage and amount to be determined at the final stage. 2. That all outstanding property taxes be paid. 3. 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 lot to be subdivided. MOTION CARRIED b) #2009 088 Block 2, Plan 971 0449, Ptn of Road Plan 071 4935 Ptn of SW 3 -19 -14 -W4M, Division 10 Western Canada Oilfield Services Corp. (Owner) B.L. Blieske PAL Municipal Planning Commission Page 3 P -55/09 MOVED BY COUNCILLOR H. WUTZKE that the Municipal Planning Commission APPROVE subdivision #2009 -0 -088, subject to the following conditions: June 16, 2009 ,(ka Developments Ltd. (Applicant) To subdivide two parcels, approximately 10 acres and 68.25 acres respectively, into 44 lots for industrial use. The County Planner provided background information on the proposed subdivision. Councillor Harbinson asked about upgrading of Range Road 14 -3. The County Planner indicated that the upgrades will be completed and financed by the developer. 1. That the 10% reserve requirement be provided as money in place of and on the 78.25 acres at the market value of $8,500.00 per acre with the actual acreage and amount to be determined at the final stage. 2. That all outstanding property taxes be paid. 3. That the applicant or owner enter into a development agreement which shall be registered concurrently with the final plan against the title(s) being created. 4. That a Traffic Impact Assessment be completed by a qualified traffic engineer on the intersection of One Tree Road and Range Road 14 -3 to determine any required intersection upgrades. 5. That the applicant upgrade that portion of Range Road 14 -3 South of One Tree Road to be constructed to the County of Newell road standards and that final plans be approved by the Public Works Department prior to finalization. 6. That an engineered water and sewer plan /design be submitted and deemed acceptable to the County of Newell, which will also require Alberta Environment approval. This may be addressed in the terms of the Development Agreement with the County of Newell. 7. That an engineered drainage plan /design be submitted and deemed acceptable to the County of Newell, which will also require Alberta Environment approval, which shall indicate the drainage patterns and how run off will be accommodated. This may be addressed in the terms of the Development Agreement with the County of Newell. 8. That the applicant submit a Fire Management Plan, prepared at their expense to the satisfaction and approval of the County of Newell, which shall include the details of proposed water system and fire protection plan including engineered drawings to support an all season fire suppression system. 9. That the applicant provides a copy of architectural controls, approved by the municipality, to be registered concurrently on title with the final plan of subdivision which shall address building appearance and landscaping. 10. That the 6.0 m easement(s) as required by ATCO Gas shall be established prior to finalization of the application and are to be registered simultaneously with the legal plan of the subdivision. 11. That easements required by any other utility agency or the municipality shall be established prior to finalization of the application and are to be registered simultaneously with the legal plan of the subdivision. MOTION CARRIED Municipal Planning Commission Page 4 Left the Meeting Bernie Blieske left at 10:24 a.m. c) #2009 -0 -096 SE 28 -18 -14 -W4M, Division 5 Mona Timko (Owner) County of Newell (Applicant) To subdivide an approximate 0.293 Acre parcel from a portion of the SE 28 -18 -14 -W4M. The County Planner provided background information on the proposed subdivision. P -56/09 MOVED BY COUNCILLOR J. HARBINSON that the Municipal Planning Commission APPROVE subdivision #2009 -0 -096, subject to the following conditions: 1. That all outstanding property taxes be paid. 2. That the subdivided portion of Certificate of Title 081 191 488 be consolidated with the adjacent closed road and adjacent portion of the SW 27 -18 -14 -W4M in a manner such that the resulting Certificate of Title could not be subdivided without the approval of the Subdivision Authority. P -57/09 June 16, 2009 MOTION CARRIED 9. DEVELOPMENT PERMITS a) DP #3308 Ptn. NE 11 -21 -18 -W4M, Lot 5, Block 4, Plan 811 1991, Division 6 Erica Blythe Lloyd (Owner /Applicant) Construction of a 2 dwelling The Development Control Officer provided background information on the proposed development permit. MOVED BY COUNCILLOR S. EVANS that the Municipal Planning Commission APPROVE Development Permit #3308 as a permanent permit and grant approval for the construction of a 2 dwelling with attached garage, subject to the following conditions: This permit is being granted only for the construction of a 1176 ft (109.25 m dwelling with attached garage on lands legally described as Lot 5, Block 4, Plan 811 1991, NE 11 -21 -18 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 Country Residential 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: e) That this development is located as shown on the site plan approved Municipal Planning Commission Page 5 P -58/09 June 16, 2009 in this application and submitted April 28, 2009. Any changes to that plan shall require the written approval of the Development Officer. f) That the developer obtain a building permit issued by a licensed, accredited building inspection agency for the County of Newell. A copy of this permit must be submitted to the Development Officer. g) That the developer obtain a Private Sewage Disposal System Permit, issued by a licensed, accredited building inspection agency for the County of Newell. A copy of this permit must be submitted to the Development Officer. h) That the developer obtain a Roadside Development Permit from Alberta Infrastructure and Transportation. A copy of this permit must be submitted to the Development Officer. i) That the following setbacks are maintained for this development: Front and Rear (west and east) 20 ft (6.1 m) Side (north and south) 20 ft (6.1 m) MOTION CARRIED b) DP #3310 SE 18 -18 -14 -W4M, Division 5 Arc Resources (Owner) Kevin Jones (Arc Resources) (Applicant) Construction of a warehouse office building The Development Control Officer provided background information about the proposed development permit. Although this building is part of an oil and gas battery which is normally exempt under the land use bylaw, it is an administrative office that should be built to Alberta Building Codes, and therefore should have a development permit. MOVED BY COUNCILLOR 3. HARBINSON that the Municipal Planning Commission APPROVE Development Permit #3310 and grant approval for the construction of a 1200 ft (111.5 m office and warehouse building, subject to the following conditions: This permit is being granted only for the construction of a 1200 ft (111.5 m office and warehouse building, on lands legally described as SE 18 -18 -14 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. 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: e) That this development is located as shown on the site plan approved in this application and submitted May 7, 2009. Any changes to that plan shall require the written approval of the Development Officer. Municipal Planning Commission Page 6 P -59/09 MOVED BY COUNCILLOR H. WUTZKE that the Municipal Planning Commission APPROVE Development Permit #3311 and grant approval for the construction of a 11,200 ft (1040 m shop building, with a 1600 ft (148.6 m lean -to, subject to the following conditions: This permit is being granted only for the construction of an 11,200 ft (1040 m building, with a 1600 ft (148.6 m lean -to, for a welding and fabricating business, on lands legally described as NE 15-22-19 W4M. Any additional development shall require prior approval of a separate permit application. June 16, 2009 f) That the developer obtain a building permit issued by a licensed, accredited building inspection agency for the County of Newell. A copy of this permit must be submitted to the Development Officer. g) That the developer obtain a Private Sewage Disposal System Permit, issued by a licensed, accredited building inspection agency for the County of Newell. A copy of this permit must be submitted to the Development Officer. c) DP #3311 NE 15- 22- 19 -W4M, Division 6 Fairville Hutterian Brethren (Owner) George Waldner (Applicant) Construction of a 1189.12 m (12,800 ft shop for a welding and fabricating business The Development Control Clerk provided background information about the proposed development permit. The proposed development complying with: MOTION CARRIED 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. 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: e) That this development is located as shown on the site plan approved in this application and submitted May 15, 2009. Any changes to that plan shall require the written approval of the Development Officer. f) That the developer obtain a building permit issued by a licensed, accredited building inspection agency for the County of Newell. A copy of this permit must be submitted to the Development Officer. g) That the developer ensure there is adequate parking space available for this use, up to (2) two stalls (taken from HI 200). h) That this development is located as shown on the site plan approved in this application and submitted June 30, 2008. Any changes to that plan shall require the written approval of the Development Officer. i) That the following setbacks are maintained for this development: Municipal Planning Commission Page 7 P -60/09 MOVED BY COUNCILLOR B. DE JONG that the Municipal Planning Commission APPROVE Development Permit #3312 and grant approval for the construction of an oversize parking garage and a 2 access to the parcel, subject to the following conditions: June 16, 2009 Front (from Township Road 21 -4): 21 feet (6.4 m) From well head indicated on airphoto map: 100 m d) DP #3312 NE 12 -20 -15 -W4M, Lot 8, Block 1, Plan 091 2788, Division 8 Dave Hnatiuk (Owner Applicant) Construction of an oversize parking garage; 2 access to parcel The Development Control Officer provided background information on the proposed development permit. The 2 access would not be adding an additional approach to the area since the parcel was originally 2 lots and would have had 2 approaches had the lots stayed separate from one another. This permit is being granted only for the construction of a 4000 ft (371.6 m accessory building on lands legally described as Lot 8, Block 1, (after consolidation) NE 12 -20 -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 Country Residential 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: MOTION CARRIED e) That this development is located as shown on the site plan approved in this application and submitted May 15, 2009. Any changes to that plan shall require the written approval of the Development Officer. f) 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. g) That the developer obtain a Roadside Development Permit from Alberta Infrastructure and Transportation. A copy of this permit must be submitted to the Development Officer. h) That the developer enter into Road Approach Agreement with the County of Newell. This agreement is for the installation and /or upgrade of any required road approaches to the parcel. If required, the agreement shall be registered as a caveat against the lands, at the applicant's expense. i) That there is a 2 m (6.6 ft.) separation distance between the new building and any proposed accessory buildings. j) That the property is not used for conducting a business or commercial operation without first obtaining the required permits. Municipal Planning Commission Page 8 k) That the proposed accessory building is not used for living purposes. I) That the following setbacks are maintained for this development: Front (north) 100 ft (36.6 m) Side (east) 20 ft (6.1m) Rear (south) 20 ft (6.1 m) OTHER BUSINESS a) Enforcement Update MOTION CARRIED The Development Control Officer provided an update about four enforcement issues that have been discussed over the last 6 months. The 1s issue involves follow up from the appeal of Development Permit #3247. The Development Control Officer and the Development Control Clerk conducted a site inspection on May 27, 2009 and noted that all conditions outlined by the S.D.A.B had been complied with. The 2 issue involved Development Permit #3265 which has one outstanding condition whereby the applicant must obtain an occupancy permit prior to anyone living in the ATCO Trailer. The Development Control Officer has spoken to the building inspector and should be receiving a copy of the occupancy permit soon. The 3rd issue is in regards to a parcel in the Aimoto subdivision where a run -down manufactured home was left on a parcel purchased by Ms. Matherly. No development permit was obtained for the installation of the manufactured home. The Development Control Officer has spoken with the current owner of the parcel (Ms. Matherly) who has indicated that she plans to begin cleaning up the parcel in July. P 61/09 MOVED BY COUNCILLOR S. EVANS that the owner be given 6 months (December 16, 2009) to clean up the property. June 16, 2009 MOTION CARRIED The 4 issue deals with the installation of a manufactured home in Rolling Hills. There are outstanding conditions including a missing performance bond and a missing building permit. Registered correspondence has been sent to the address and has been returned to the County office as "un- claimed The next step in this process will be the issuance of a stop order on the property. Any clean up costs incurred will be placed on the tax roll. P 62/09 MOVED BY COUNCILLOR J. HARBINSON that the Enforcement Report be accepted. 10. POST AGENDA MOTION CARRIED a) Letter from Jackson Cattle Company re: EnCana Oil Gas Setbacks in Jackson Light Industrial Subdivision Mr. Jackson submitted a letter indicating that the oil and gas setbacks have been relaxed to 50 m within the Jackson Light Industrial subdivision. We need to have written approval from EnCana and the Municipal Planning Commission Page 9 c) Garden Suites Left the Meeting Cory Baksa left at 11:28 a.m. June 16, 2009 ERCB stating the setback. The Development Control Officer will send a letter to Mr. Jackson requesting written approval from EnCana and the ERCB that specifies which lots this setback relaxation applies to. b) Old Colony Mennonite Church This application has not been submitted yet as the Development Control Officer would like direction from the Municipal Planning Commission. The building will be used for a school /meeting place during the week and as a church on Sundays. The County Planner stated that a Traffic Impact Assessment has already been completed for the intersection to the North of the parcel. The Municipal Planning Commission feels that this is a good location for the building and would like the applicants to proceed with the application. The County Planner distributed some information regarding garden suites. She noted that there are many different definitions for a garden suite, and encouraged MPC to review the information for further discussion at the July MPC meeting. d) Letter from the NRCB re: Application LA05029B Hutterian Brethren of Springview This item was accepted as information. e) Alberta Land Stewardship Agreement The County Planner provided background information on the meeting that was held last week regarding the Alberta Land Stewardship Agreement. The County Planner indicated that while there will most likely be some significant changes to planning, we don't know what those changes will be. Councillor Douglass who attended the meeting stated that diligence is key. It was noted that no one has specifically said that grandfathering will be allowed which has caused concern from some people. The County Planner's largest concern is what will happen to all of the applications that have been approved, but not finalized. Is the Regional Advisory Committee going to review all of those applications? An important point to remember is that areas that could have an impact on the greater good of the public will be more closely watched that other areas. Councillor Philipsen suggested inviting some of the members of the South Saskatchewan Regional Advisory Committee to review the County's concerns and provide them with County's statutory plans. An invitation will be extended to the local members on the SSRAC to attend an upcoming MPC meeting. Municipal Planning Commission Page 10 P -63/09 June 16, 2009 11. IN CAMERA ITEMS There were no in camera items. 13. QUESTION PERIOD None 14. ADJOURN MOVED BY S. SWENSON that the meeting adjourn at 11:35 a.m. MOTION CARRIED ASST. A�IS OR Municipal Planning Commission Page 11