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