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HomeMy WebLinkAbout2010-09-23 Municipal Planning Commission (Regular) Minutes COUNTY OF NEWELL NO. 4 MUNICIPAL PLANNING COMMISSION MEETING September 23, 2010 The regular Municipal Planning Commission Meeting of the County of Newell No. 4 was held in the County Office at Brooks, AB on Thursday, September 23, 2010 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 A.M. Philipsen, Councillor I. Schroeder, Councillor R. Andrews, Councillor STAFF: K. Stephenson, CAO L. Johnson, Assistant Administrator D. Horvath, Planner - ORRSC A. Wickert, Development Control Officer A. Nielsen, Executive Assistant OTHERS IN S. Stanway, Brooks Bulletin ATTENDANCE: 1. CALL TO ORDER The Chairman called the meeting to order at 10:00 a.m. 2. EXCUSED FROM MEETING All members were present. 3. MINUTES a) September 9, 2010 P- 114/10 MOVED BY COUNCILLOR B. DE JONG that the minutes of the September 9, 2010 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- 115/10 MOVED BY COUNCILLOR .7. HARBINSON that the agenda be adopted as presented. MOTION CARRIED 6. SUBDIVISIONS a) #2010 -0 -204 - Parcel A, Plan 8183FG, SE 1 -19 -15 -W4M, Division 5 Scott and Julie Tateson (Owner) / (Applicant) To subdivide a previously subdivided quarter section to create one new parcel for Country Residential use. The County Planner provided background information on the proposed subdivision. P- 116/10 MOVED BY COUNCILLOR 3. HARBINSON that the Municipal Planning Commission APPROVE subdivision #2010 -0 -204, 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 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. 3. That the easement as required by FortisAlberta or 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 4. That the applicant submit to the Subdivision Authority a copy of a sketch from and 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 b) #2010 -0 -222 - Lot 5, Block 2, Plan 041 3476, NW 9-19 -14 -W4M, Division 10 Terrance and Bonnita Neigum (Owner) / (Applicant) To subdivide an existing lot to create two Tots for industrial use. The County Planner provided background information on the proposed subdivision. Councillor A.M. Philipsen asked if drainage had been considered and the County Planner replied that there were no real drainage concerns. P- 117/10 MOVED BY COUNCILLOR H. WUTZKE that the Municipal Planning Commission APPROVE subdivision #2010 -0 -222, 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 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. MOTION CARRIED September 23, 2010 Municipal Planning Commission Page 2 c) #2010 -0 -224 - NW 31- 18- 15 -W4M, Division 5 Victor and Karen Getz (Owner) / (Applicant) To create one (1) new vacant lot from a titled area of 69.40 acres (21.8 ha) for Country Residential use. The County Planner provided background information on the proposed subdivision, indicating that Municipal Reserve will be required. Discussion followed regarding access to the individual parcels. The County Planner indicated that one of the conditions will require the applicant to install road approaches. P- 118/10 MOVED BY COUNCILLOR J. HARBINSON that the Municipal Planning Commission APPROVE subdivision #2010 -0 -224, subject to the following conditions: 1. That all outstanding property taxes shall be paid to the County of Newell. 2. That the applicant enter into an agreement with the County of Newell for the installation of any required road approaches and any access agreements to the proposed and /or remnant parcels. MOTION CARRIED 7. AGRICULTURAL SUPPORT SERVICE & HOME OCCUPATION PERMITS a) HO 138 - RENEWAL - Lot 2, Block 1, Plan 821 1007, NE 33-18-15 - W4M, Division 5 Don Humphreys (Owner) / (Applicant) Renewal of an existing permit for a custom cabinet making business The Development Control Officer provided background information on the proposed development permit. P- 119/10 MOVED BY COUNCILLOR 3. HARBINSON that the Municipal Planning Commission APPROVE Home Occupation Permit #138 renewal and grant approval for an existing custom cabinet making business subject to the following conditions: This permit is being granted only for the existing custom cabinetmaking business, on lands legally described as Lot 2, Block 1, Plan 821 1007, NE 33 -18 -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. If the developer is required to obtain a building permit, it is his / her responsibility to do so, and furthermore, this permit must be obtained from an accredited inspection agency. September 23, 2010 Municipal Planning Commission Page 3 d) Any other required permits, including electrical, heating & ventilation, gas and /or plumbing. All permits must be obtained from Q an accredited inspection agency. Subject to the following conditions e) That this development is located as shown on the site plan approved in this application and submitted August 17, 2010. Any changes to that plan shall require the written approval from the Development Officer. f) That there are no more than 2 resident employees involved in the operation of this business. g) That the following vehicles are permitted to be used in conjunction with the Home Occupation Permit: 1 van, and 1 covered trailer. No other commercial vehicles shall be permitted. h) That there is no advertising or display of produce being permitted on the property except for one indirectly illuminated sign of 1 m placed flat against the building or fence. MOTION CARRIED b) HO 140 - RENEWAL - Parcel X, Plan 6655FJ, SE 26- 16- 16 -W4M, Division 4 Manfred and UIIa Neumann (Owner) / (Applicant) Renewal of an existing permit for a delivery (courier) business The Development Control Officer provided background information on the proposed development permit. P- 120/10 MOVED BY COUNCILLOR R. ANDREWS that the Municipal Planning ® Commission APPROVE Home Occupation Permit #140 renewal and grant approval for an existing delivery (courier) business subject to the following conditions: This permit is being granted only for the existing delivery business, on lands legally described as Ptn. Parcel X, Plan 6655FJ, SE 26 -16 -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 Hamlet Residential District. c) All Alberta Building Codes where applicable. If the developer is required to obtain a building permit, it is his / her responsibility to do so, and furthermore, this permit must be obtained from an accredited inspection agency. d) Any other required permits, including electrical, heating & ventilation, gas and /or plumbing. All permits must be obtained from an accredited inspection agency. Subject to the following conditions e) That this development is located as shown on the site plan approved in this application and submitted August 25, 2010. Any changes to that plan shall require the written approval from the Development Officer. f) That there are no more than 2 resident employees involved in the operation of this business. September 23, 2010 Municipal Planning Commission Page 4 g) That the following vehicles are permitted to be used in conjunction with the Home Occupation Permit: 1 delivery truck. No other commercial vehicles shall be permitted. h) That there is no advertising or display of produce being permitted on the property except for one indirectly illuminated sign of 1 m placed flat against the building or fence. MOTION CARRIED c) HO 250 - SW 6- 15- 13 -W4M, Division 1 Andrew and Darby Lester (Owner) / A.N.D. Steaming Ltd. (Applicant) Hot Shot and Steaming business - A.N.D. Steaming Ltd. The Development Control Officer provided background information on the proposed development permit and responded to questions. P- 121/10 MOVED BY COUNCILLOR M. DOUGLASS that the Municipal Planning Commission APPROVE Home Occupation Permit #250 and grant approval for an existing Hot Shot and Steaming business subject to the following conditions: This permit is being granted only for the operation of a hot shot and steaming business, A.N.D. Steaming Ltd., on lands legally described as SW 6 -15 -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. c) All Alberta Building Codes where applicable. If the developer is required to obtain a building permit, it is his / her responsibility to do so, and furthermore, this permit must be obtained from an accredited inspection agency. d) Any other required permits, including electrical, heating & ventilation, gas and /or plumbing. All permits must be obtained from an accredited inspection agency. Subject to the following conditions e) That this development is located as shown on the site plan approved in this application and submitted August 23, 2010. Any changes to that plan shall require the written approval from the Development Officer. f) That there is no more than 1 resident employee and 1 non - resident employee. g) That the following vehicles are permitted to be used in conjunction with the Home Occupation 2 Permit: 1 -1 ton truck, 1 boiler trailer, and 1 40 ft (12 m) flatbed trailer. No other commercial vehicles shall be permitted. h) That there is no advertising or display of produce being permitted on the property except for one indirectly illuminated sign of 1 m placed flat against the building or fence. MOTION CARRIED September 23, 2010 Municipal Planning Commission Page 5 8. DEVELOPMENT PERMITS Q a) Permit #3458 - Block S, Plan 3971HY, SE 8 -19 -14 W4M, Division 10 CJM Concrete (Owner) / 857089 AB Ltd. (Applicant) Change in use - retail sales; compliance for existing building. The Development Control Officer provided background information on the proposed development permit. Alberta Transportation had outlined concerns regarding a fence and items stored in the road allowance. She indicated that the applicant has removed the fence and the stored items, and as such condition (g) can be removed from the list of conditions. P- 122/10 MOVED BY COUNCILLOR H. WUTZKE that the Municipal Planning Commission APPROVE Development Permit #3458 and grant approval for the change in use to retail sales and compliance for the existing building subject to the following conditions: This permit is being granted only for the operation of a retail business which sells concrete lawn and garden ornaments, on lands legally described as Block S, Plan 3197HY, SE 8 -19 -14 W4M. Any additional development shall require prior approval of a separate permit application. The proposed development complying with: a) The provisions pertaining to the Commercial District and all relevant schedules, as outlined in the County of Newell Land Use Bylaw #1626-07. b) All Federal, Provincial and Municipal statutes, regulations, codes and standards. c) All Alberta Building Codes, where applicable. If the developer is required to obtain a building permit, it is his / her responsibility to do so, and furthermore, this permit must be obtained from an accredited inspection agency. d) All Alberta Safety Codes, where applicable. If the developer is installing a new sewage disposal system, he /she is required obtain a Private Sewage Disposal System Permit, issued by a licensed, accredited inspection agency. e) Any other required permits, including electrical, heating & ventilation, gas and /or plumbing. All permits must be issued by a licensed agency. Subject to the following conditions f) That this development is located as shown on the site plan approved in this application and submitted August 20, 2010. Any changes to that plan shall require the written approval of the Development Officer. h) That the building associated with this retail business is not used for living purposes. i) That the following setbacks on all sides are maintained for this development: Side (north and south): 10 ft (3 m) Rear (east): see AB Transportation requirement MOTION CARRIED September 23, 2010 Municipal Planning Commission Page 6 b) Permit #3463 - SE 32 -20 -14 W4M, Division 8 Endersby Ranching Ltd. (Owner) / Dan Endersby (Applicant) ® Installation of a 1998 manufactured home with a variance to front yard setback. The Development Control Officer provided background information on the proposed development permit. P- 123/10 MOVED BY COUNCILLOR A. EASTMAN that the Municipal Planning Commission APPROVE Development Permit #3463, and grant approval for the installation of a 1998 manufactured home with a variance to front yard setback subject to the following conditions: This permit is being granted only for the installation of a 1216 ft (110 m 1998 manufactured home, on lands legally described as SE 32 -20- 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 Urban Fringe District. c) All Alberta Building Codes, where applicable. If the developer is required to obtain a building permit, it is his / her responsibility to do so, and furthermore, this permit must be obtained from an accredited inspection agency. d) All Alberta Safety Codes, where applicable. If the developer is installing a new sewage disposal system, he /she is required obtain a Private Sewage Disposal System Permit, issued by a licensed, accredited inspection agency. e) Any other required permits, including electrical, heating & ventilation, gas and /or plumbing. All permits must be issued by a licensed agency. Subject to the following conditions f) That this development is located as shown on the site plan approved in this application and submitted August 27, 2010. Any changes to that plan shall require the written approval of the Development Officer. g) Development Notification: the developer shall notify the Development Officer: i) when actual development commences, and ii) upon completion of the development h) The developer must start construction before October 5, 2011 and be completed by October 5, 2012. In the event that either of these dates cannot be met, the developer may be required to apply for a new permit. i) That the following setbacks on all sides are maintained for this development: Front (RR 14 -4, east): 72 ft (22 m) MOTION CARRIED C)) September 23, 2010 Municipal Planning Commission Page 7 c) Permit #3464 - Lot PUL, Block 8, SW 7- 18- 14 -W4M, Division 5 County of Newell (Owner) / Lake Newell Resort Community Association (Applicant) Installation of a Recycling building and Canada Post mail boxes. The Development Control Officer provided background information on the proposed development permit. P- 124/10 MOVED BY COUNCILLOR J. HARBINSON that the Municipal Planning Commission APPROVE Development Permit #3464, and grant approval for the installation of a Recycling building and Canada Post mail boxes subject to the following conditions: This permit is being granted only for the installation of a 512 ft (47.6 m Recycling Building and a set of 12 Canada Post mail boxes, on lands legally described as Lot PUL, Block 8, SW 7 -18 -14 W4. Any additional development shall require prior approval of a separate permit application The proposed development complying with: a) The provisions pertaining to the Public Service District and all relevant schedules, as outlined in the County of Newell Land Use Bylaw #1626 -07. b) All Federal, Provincial and Municipal statutes, regulations, codes and standards. c) All Alberta Building Codes, where applicable. If the developer is required to obtain a building permit, it is his / her responsibility to do so, and furthermore, this permit must be obtained from an accredited inspection agency. d) All Alberta Safety Codes, where applicable. If the developer is installing a new sewage disposal system, he /she is required obtain a Private Sewage Disposal System Permit, issued by a licensed, accredited inspection agency. e) Any other required permits, including electrical, heating & ventilation, gas and /or plumbing. All permits must be issued by a licensed agency. Subject to the following conditions f) That this development is located as shown on the site plan approved in this application and submitted September 1, 2010. Any changes to that plan shall require the written approval of the Development Officer. g) Development Notification: the developer shall notify the Development Officer: i) prior to the commencement of actual development thereon, and ii) upon completion of the development h) That the property is not used for conducting a business or commercial operation without first obtaining the required permits i) That there is a 2 m (6.6 ft.) separation distance between the new building and any other buildings or structures. j) That the following setbacks on all sides are maintained for this development: Front:20 ft (6.1 m) Side: 10 ft (3 m) Rear: 20 ft (6.1 m) k) The developer must start construction before October 5, 2011 and September 23, 2010 Municipal Planning Commission Page 8 be completed by October 5, 2012. In the event that either of these dates cannot be met, the developer may be required to apply for a new permit. MOTION CARRIED d) Permit #3465 - SW 21- 21- 18 -W4M, Division 6 E.A. Schaffer and Sons Farms Ltd. (Owner) / (Applicant) Construction of an oversize shop. The Development Control Officer provided background information on the proposed development permit. P- 125/10 MOVED BY COUNCILLOR S. EVANS that the Municipal Planning Commission APPROVE Development Permit #3465, and grant approval for the construction of an oversize shop subject to the following conditions: This permit is being granted only for the construction of a 6000 ft (557 m shop, on lands legally described as SW 21 -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 Urban Fringe District. c) All Alberta Building Codes, where applicable. If the developer is required to obtain a building permit, it is his / her responsibility to do so, and furthermore, this permit must be obtained from an accredited inspection agency. d) All Alberta Safety Codes, where applicable. If the developer is installing a new sewage disposal system, he /she is required obtain a Private Sewage Disposal System Permit, issued by a licensed, accredited inspection agency. e) Any other required permits, including electrical, heating & ventilation, gas and /or plumbing. All permits must be issued by a licensed agency. Subject to the following conditions f) That this development is located as shown on the site plan approved in this application and submitted September 2, 2010. Any changes to that plan shall require the written approval of the Development Officer. g) Development Notification: the developer shall notify the Development Officer: i. when actual development commences, and ii. upon completion of the development h) That the developer obtains a Roadside Development Permit from Alberta Transportation. A copy of this permit must be submitted to the Development Officer. i) That the proposed shop building is not used for living purposes. j) The developer must start construction before October 5, 2011 and be completed by October 5, 2012. In the event that either of these September 23, 2010 Municipal Planning Commission Page 9 dates cannot be met, the developer may be required to apply for a new permit. MOTION CARRIED e) Permit #3466 - NE 2- 21- 15 -W4M, Division 8 Mary Tamura (Owner) / Greg Tamura (Applicant) Installation of a manufactured home with a variance to the front yard setback. The Development Control Officer provided background information on the proposed development permit. P- 126/10 MOVED BY COUNCILLOR I. SCHROEDER that the Municipal Planning Commission APPROVE Development Permit #3466, and grant approval for the installation of a manufactured home with a variance to the front yard setback subject to the following conditions: This permit is being granted only for the installation of a 1580 ft (146.8 m 2008 manufactured home, with a variance to the front yard setback, on lands legally described as NE 2 -21 -15 W4M. Any additional development shall require prior approval of a separate permit application. The proposed development complying with: a) The provisions pertaining to the Agricultural District and all relevant schedules, as outlined in the County of Newell Land Use Bylaw #1626-07. b) All Federal, Provincial and Municipal statutes, regulations, codes and standards. c) All Alberta Building Codes, where applicable. If the developer is required to obtain a building permit, it is his / her responsibility to do so, and furthermore, this permit must be obtained from an accredited inspection agency. d) All Alberta Safety Codes, where applicable. If the developer is installing a new sewage disposal system, he /she is required obtain a Private Sewage Disposal System Permit, issued by a licensed, accredited inspection agency. e) Any other required permits, including electrical, heating & ventilation, gas and /or plumbing. All permits must be issued by a licensed agency. Subject to the following conditions f) That this development is located as shown on the site plan approved in this application and submitted September 2, 2010. Any changes to that plan shall require the written approval of the Development Officer. g) That the following setbacks on all sides are maintained for this development: Front (from RR 15 -1): 72 ft (22 m) h) That the property is not used for conducting a business or commercial operation without first obtaining the required permits. i) That the manufactured home is skirted with materials the same as or consistent with the remainder of the building. j) The developer must start construction before October 5, 2011 and be completed by October 5, 2012. In the event that either of these September 23, 2010 Municipal Planning Commission Page 10 dates cannot be met, the developer may be required to apply for a new permit. Q MOTION CARRIED 9. POST AGENDA There were no post agenda items. 10. IN CAMERA ITEMS There were no in camera items. 11. OUESTION PERIOD Councillor W. Daniels inquired if a change of use had been submitted for a business in Rolling Hills. The Development Control Officer requested the legal land description of the business, indicating that she would investigate. Councillor B. de Jong asked about the possibility of adding conditions to subdivision approvals that would automatically provide easements for regional water pipelines. The County Planner replied that it would be possible if they were aware of where the pipelines would be installed at that time. Discussion followed and the County Planner suggested that a legal opinion would be required. 12. ADJOURN Being that the agenda matters have been concluded the meeting adjourned at 10:36 a.m. Signed by the Chairman and Assistant Administrator this 1 Day of D L , 2010. * CHA ' AN - Y eLt i -p_t ASST. ADMINIST R c September 23, 2010 Municipal Planning Commission Page 11