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HomeMy WebLinkAbout2009-09-15 Municipal Planning Commission (Regular) MinutesCOUNTY OF NEWELL NO. 4 MUNICIPAL PLANNING COMMISSION MEETING September 15, 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, September 15, 2009 commencing at 10:00 a.m. MEMBERS PRESENT: M. Douglass, Councillor W. Daniels, Councillor J. Harbinson, Councillor S. Evans, Councillor A. Eastman, Councillor B. de Jong, Councillor H. Wutzke, Councillor I. Schroeder, Councillor R. Andrews, Councillor S. Swenson, Member B. McKellar, Member ABSENT: A.M. Philipsen, Councillor STAFF: 3. MINUTES a) August 11, 2009 D. Horvath, Planner ORRSC L. Johnson, Assistant Administrator A. Wickert, Development Control Officer D. Lester, Development Control Clerk OTHERS IN ATTENDANCE: Ray Juska, DP #3341 1. CALL TO ORDER The Vice Chairman H. Wutzke called the meeting to order at 10:00 a.m. 2. EXCUSED FROM MEETING P -81/09 MOVED BY COUNCILLOR J. HARBINSON that Councillor and MPC Chairman A.M. Philipsen be excused from the meeting. MOTION CARRIED P -82/09 MOVED BY COUNCILLOR B. DE JONG that the minutes of the August 11, 2009 Municipal Planning Commission meeting be adopted as presented. MOTION CARRIED 4. CALL FOR POST AGENDA ITEMS The Chairman called for post agenda items. 5. ADOPTION OF AGENDA P -83/09 MOVED BY COUNCILLOR R. ANDREWS that the agenda be adopted as amended. 6. SUBDIVISIONS a) #2009 160 SE 12 -15 -14 -W4M Gerald Christa Aleman (Owner Applicant) To subdivide an approximate 3.27 acre parcel from a previously subdivided quarter section legally known as the SE of 12 -15 -14 -W4M. P 84/09 MOVED BY COUNCILLOR I. SCHROEDER that the Municipal Planning Commission APPROVE subdivision #2009 -0 -160, 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. b) #2009 0 166 NE 11 -21 -16 -W4M Richard Esther Wiens (Owner) Midwest Surveys (Applicant) To consolidate to existing titles and create one new parcel (approximately 5.93 acres) on a quarter section known as NE 11-21-16 W4M. Arrived at Meeting Councillor Daniels arrived at 10:09 a.m. P 85/09 MOVED BY COUNCILLOR A. EASTMAN that the Municipal Planning Commission APPROVE subdivision #2009 -0 -166, subject to the following conditions: 1. That all outstanding property taxes shall be paid to the County of Newell. 2. That Parcel B Parcel C, Plan 5164 FD be consolidated with the proposed 20m access right -of -way, to provide physical access to proposed Lot 1, Block 2 in a manner such that the resulting Certificate of September 15, 2009 Municipal Planning Commission Page 2 MOTION CARRIED The County Planner provided background information on the proposed subdivision. A waiver will need to be granted to the number of parcels allowed per quarter section. MOTION CARRIED The County Planner provided background information on the proposed subdivision. Two existing parcels will be consolidated and only one new parcel is being created, thus parcel density will not be increased. September 15, 2009 Title could not be subdivided without the approval of the Subdivision Authority. 3. That the conditions of Alberta Transportation, including the removal of an existing access to Highway 550, be satisfied prior to finalization to ensure compliance with Section 15 of the Subdivision and Development Regulation. MOTION CARRIED d) #2009 172 Block 1, Plan 881 0977, Ptn NE 6 -19 -14 -W4M Charlotte Leavitt (Owner) Cam Christianson (Applicant) To subdivide approximately 19.92 acres to accommodate the development of 4 new Country Residential lots. The County Planner provided background information on the proposed subdivision. Arrived at Meeting Harry Philipsen, Bertha Farms Ltd., arrived at 10:15 a.m. P 86/09 MOVED BY COUNCILLOR M. DOUGLASS that the Municipal Planning Commission APPROVE subdivision #2009 -0 -172, subject to the following conditions: 1. That the 10% Municipal Reserve requirement be provided as money in place of land on the 19.92 acre parcel at the market value of $10,290 per acre with the actual acreage to be determined at the final stage and amount to be paid to the County of Newell. 2. That all outstanding property taxes shall be paid to the County of Newell. 3. That the applicant or owner or both enter into a development agreement with the County of Newell which shall be registered concurrently with the final plan against the title(s) being created. 4. That a service road be dedicated to provide access to the four proposed parcels and that the design and access points be deemed acceptable to the County of Newell. 5. That the easement(s) as required by ATCO Gas and any other utility agency or the municipality shall be established prior to the finalization of the application and are to be registered simultaneously with the legal plan of subdivision. 6. That an engineered drainage plan /design be prepared by a certified professional, submitted and deemed acceptable to the County of Newel, which shall indicate the drainage patterns and how run -off will be accommodated. 7. That the final plan of survey shall dedicate a 5.0 m road parallel to the east boundary of Block 1, Plan 881 0977 adjacent to the existing road allowance for future road widening. MOTION CARRIED c) #2009 170 SE 27 -20 -14 -W4M Bertha Farms Ltd. (Owner Applicant) To create one new 2.79 acre parcel from a fragmented parcel legally known as a portion of the SE 27 -20 -14 -W4M. Municipal Planning Commission Page 3 P -87/09 MOVED BY COUNCILLOR A. EASTMAN that the Municipal Planning Commission APPROVE subdivision #2009 -0 -170, subject to the following conditions: 1. That the 10% Municipal Reserve requirement be provided as money in place of land on the 2.97 acre parcel at the market value of $2,500 per acre with the actual acreage to be determined at the final stage and amount to be paid to the County of Newell. 2. That all outstanding property taxes shall be paid to the County of Newell. Left the Meeting Harry Philipsen left at 10:29 a.m. September 15, 2009 The County Planner provided background information on the proposed subdivision. A map showing the MDS of a nearby dairy farm, and an additional letter from an adjacent landowner (McMahon) were distributed around the table. Councillor de Jong expressed concern over the close proximity of the nearby dairy farm to the proposed subdivision. It was noted that written concerns had been submitted by the owner of the dairy farm. The nature of the concerns were discussed by the MPC members. Mr. Philipsen noted that the existing operation is very well established, and he felt that the proposed subdivision would not have a negative impact on the dairy operation. The County Planner referred to the map showing the MDS around the Intensive Livestock Operation. She indicated that since the yellow MDS circle already encompasses the proposed subdivision that should the existing operation apply to the NRCB for expansion, the owners of the proposed parcel would not have the ability to object to an expansion. MOTION CARRIED e) #2009 180 SW 28 -17 -13 -W4M Claude Deborah Mindorff (Owner Applicant) To subdivide an approximate 8.23 acre parcel from a quarter section legally known as the SW 28 -17 -13 -W4M. The County Planner provided background information on the proposed subdivision. P 88/09 MOVED BY COUNCILLOR I. SCHROEDER that the Municipal Planning Commission APPROVE subdivision #2009 -0 -170, 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. 6. OTHER BUSINESS a) 06 NL 004 Alexander Currie Request to Amend Development Agreement MOTION CARRIED Municipal Planning Commission Page 4 The Development Control Officer provided background information on the proposed request from Mr. Currie. She directed the Commission's attention to responses from Kevin Swanson and the Public Works department. Discussion followed regarding whether or not the adjacent dugout could be used or possibly expanded instead of digging a new one. P 89/09 MOVED BY COUNCILLOR A. EASTMAN that the County of Newell refuse this request to remove the requirement for a fire water dugout from the development agreement. P 90/09 MOVED BY COUNCILLOR W. DANIELS that this motion be tabled pending receipt of additional information for fire pond requirements and access proximity to the existing fire pond in the adjacent development. b) ORRSC Municipal Questionnaire regarding South Region Position Paper on the Provincial Land Use Framework The County Planner presented a detailed questionnaire prepared by ORRSC. After discussing a number of sections within the document it was agreed the Commission should proceed with the remaining items on the agenda and then continue with the questionnaire at the end of the meeting. 8. DEVELOPMENT REPORT AUGUST 6 SEPTEMBER 4, 2009 MOTION CARRIED P -91/09 MOVED BY COUNCILLOR S. EVANS that the Development Report be accepted. 9. DEVELOPMENT PERMITS MOTION CARRIED a) Permit #3333 SW 32- 20- 17 -W4M, Division 6 Steinbach Cattle Co. Ltd. (Owner) Aleta Steinbach (Applicant) Move an existing building from one property to another, attach to existing dwelling and renovate The Development Control Officer provided background information on the proposed development permit. Requirements for moved -in buildings as specified in the Land Use Bylaw were reviewed. The requirement for a performance bond is meant to mitigate the fact that enforcement and monitoring the required conditions may be difficult. By requiring a performance bond, the applicant will be motivated to ensure that all required improvements been completed in a timely manner. P 92/09 MOVED BY COUNCILLOR M. DOUGLASS that the Municipal Planning Commission APPROVE Development Permit #3333 and grant permission for the applicant to add the moved -in building to the existing dwelling, subject to the conditions listed below: September 15, 2009 Municipal Planning Commission Page 5 September 15, 2009 This permit is being granted only to add a 1568 ft (145 m moved -in building to an existing dwelling, on lands legally described as SW 32- 20-17 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 July 10, 2009. Any changes to that plan shall require the written approval of the Development Officer. f) Development Notification the developer shall notify the Development Officer: i) following the preliminary layout of the site, but prior to the commencement of actual development thereon, and ii) upon completion of the development g) 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. h) That the developer obtain an occupancy permit issued by a licensed, accredited inspection agency for the County of Newell. A copy of this permit must be submitted to the Development Officer. i) 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. j) That the developer provide 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 $20,000.00 to ensure that the requirements of the following conditions are met: 1. This development is completed as specified on the permit application, complete with upgrades to windows, doors, exterior finishing (i.e. siding or stucco) and roof on both the moved -in building and the existing dwelling, within one year from the date of permit approval. 2. That the exterior of the two combined buildings, when completed, are aesthetically compatible, and the siding and roofing materials are the same or compatible. k) That the following setbacks are maintained for this development: Front (west): 100 ft (6.1 m) I) That the property is not used for conducting a business or commercial operation without first obtaining the required permits. MOTION CARRIED Municipal Planning Commission Page 6 Arrived at Meeting Ray Juska arrived at 11:24 a.m. P -93/09 September 15, 2009 c) Permit #3341 Lot 3, Block 10, Plan 081 3548, Ptn. NW 6-18-14 W4M, Division 5 Ray Juska Jon Nesbitt (Owner) Blue Heron Storage (Applicant) Blue Heron Storage Compound The Development Control Officer provided background information on the proposed development permit. Landscaping is important in maintaining the integrity of the entrance to Lake Newell Resort. A letter from an adjacent land owner also expressed the need for landscaping in the area. Ray Juska addressed the landscaping concern indicating that he has spoken with the EID since the planting will need to occur on their adjacent land. The EID is ok with their land being used to assist with landscaping so long as there is a written plan approved by the EID first. While an opaque fence would be the best solution to screen the property, it would be expensive and completely eliminate the view into the property. This would decrease security of the storage area. While trees will take a long time to get established and be tall enough to provide screening, they will allow for appropriate landscaping that does not jeopardize security. The Commission discussed changing the permitted item "personal use vehicles up to one ton" to read "personal use vehicles up to one ton that are licensed and insured MOVED BY COUNCILLOR J. HARBINSON that the Municipal Planning Commission APPROVE Development Permit #3341 and grant approval for the 2.98 acres (1.2 ha) Blue Heron Storage facility, subject to the following conditions: This permit is being granted only for the 2.98 acre (1.2 ha) Blue Heron Storage Compound on lands legally described as Lot 3, Block 10, Plan 081 3548, NW 6 -18 -14 W4M. Any additional development or changes to the storage compound 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 Resort Commercial 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: a) That this development is located as shown on the site plan approved in this application and submitted August 18, 2009. Any changes to that plan shall require the written approval of the Development Officer. b) That the developer permit only the following items to be stored in the compound: Municipal Planning Commission Page 7 September 15, 2009 Recreational vehicles including Motor Homes, Fifth wheels, Bumper Trailers, Tent Trailers, Campers, Caravans and /or Holiday Trailers Boats with trailers Trailers used to transport recreational vehicles Personal use vehicles up to one ton that are licensed and insured Motorcycles, Moto -cross bikes, Quads and /or AII- terrain vehicles Personal watercraft (jet skis or fishing boats) Snowmobiles Docks, lifts, and swimming platforms Equipment used in the maintenance of the storage lot or the resort, such as Bobcats, small tractors, trailers, mowers Fishing huts Storage containers (c -cans) 40 -foot or 20 -foot Sheds that do not exceed 12x20 feet (3.6x6.1 m) c) That the developer does not permit the following items to be stored in the compound: Mobile homes (manufactured homes) Motorized vehicles that are not in running condition Any type of recreational vehicle listed under b) that is not in running or useable condition Outside storage of personal property that is not stored in an orderly fashion d) That the developer provide the County of Newell with a security deposit or other type of security to the satisfaction of the Municipality, in the amount of $5,000.00 to ensure that the requirements of the following conditions are met: i) The developer shall submit a landscaping plan to the Development Officer within six (6) months of development approval, by March 1, 2010, for the entire 2.98 acre (1.21 ha) parcel. The landscape plan must include a mixture of drought resistant trees and shrubs to a minimum depth of 20 ft (6.1 m) on the east, north, and south sides of the parcel; landscaping on the west side of the parcel is optional. All landscaping components must be designed so that they are in front of the fencing on the parcel; ii) The entire 2.98 acre (1.21 ha) parcel must be completely landscaped within two years of the date of approval, by September 1, 2011. iii)Maintenance and upkeep of the landscaping for this parcel will be the responsibility of the applicants. e) That the developer ensure that the storage area be fenced from public roads and adjacent sites. Fencing shall be as per County requirements for Public Utility Lots: Schedule 4.14(c)(iii) Fencing surrounding public utility lots shall be 8.2 ft (2.5 m) high with a double gate system with 6.2 ft (1.9 m) for each side of the gate. f) That the property is not used for the sale, service and /or maintenance of anything stored within it. g) That all new accessory buildings within the existing compound and /or the new compound that are larger than 120 ft (11 m must obtain the proper development permit. Any existing accessory buildings within the compound that are larger than 120 Municipal Planning Commission Page 8 Left the Meeting Ray Juska left the meeting at 11:37 a.m. September 15, 2009 ft (11 m will be allowed to remain, so long as they are not added to or moved. h) That the property is not used for the storage of wrecked or damaged vehicles or any components associated with wrecked or damaged vehicles. i) That all parking and manoeuvring areas must be dust proofed by pavement, crushed rock, landscaping or another means approved at the discretion of the Development Officer or Development Authority. MOTION CARRIED b) Permit #3340 Lot 11, Block 4, Plan 051 2650, Ptn. NW 19- 18-14-W4M, Division 5 Envirosort Inc. (Owner Applicant) Outdoor Storage Facility The Development Control Officer provided background information on the proposed development permit. P 94/09 MOVED BY COUNCILLOR J. HARBINSON that the Municipal Planning Commission APPROVE Development Permit #3340 and grant approval for use of the parcel as an outdoor storage facility, subject to the following conditions: This permit is being granted only for an outdoor storage facility, on lands legally described as Lot 11, Block 4, Plan 051 2650, NW 19 -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 Industrial 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 August 13, 2009. Any changes to that plan shall require the written approval of the Development Officer. f) That the property is not used for conducting any further industrial or business operations without first obtaining the required permits. g) That no storage occurs within the following setbacks: Front Yard: 20 ft (6.1 m) Side Yard: 10 ft (3.0 m) Rear Yard: 20 ft (6.1 m) MOTION CARRIED Municipal Planning Commission Page 9 LUNCH 10. POST AGENDA a) Proposed Approach for Fred Preston 11. IN CAMERA ITEMS There were no in camera items. 12. QUESTION PERIOD None The Committee RECESSED for lunch at 11:55 a.m. and RECONVENED at 12:31 p.m. 6. OTHER BUSINESS CONT'D b) ORRSC Municipal Questionnaire regarding South Region Position Paper 13. ADJOURN Councillor Eastman explained that an owner nearby Rosemary would like permission to construct an additional approach. Based on our present policy, Public Works would have to refuse the proposal. It was noted that this policy is slated to be reviewed at an upcoming Municipal Meeting, and a discussion regarding this specific location should await the review of the policy. The County Planner continued a detailed questionnaire created by ORRSC to the table. The Board completed the questionnaire which was submitted to ORRSC. P 95/09 MOVED BY COUNCILLOR I. SCHROEDER that the meeting adjourn at 1:31 p.m. ASST. ADMINI ATOR September 15, 2009 Municipal Planning Commission MOTION CARRIED Page 10