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