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HomeMy WebLinkAbout2011-04-21 Municipal Planning Commission (Regular) Minutes COUNTY OF NEWELL NO. 4 MUNICIPAL PLANNING COMMISSION MEETING April 21, 2011 The regular Municipal Planning Commission Meeting of the County of Newell No. 4 was held in the County Office at Brooks, AB on Thursday, April 21, 2011 commencing at 10:02 a.m. MEMBERS PRESENT: M. Douglass, Councillor C. Amulung, Councillor M. Nesbitt, Councillor L. Juss, Councillor A. Eastman, Councillor B. de Jong, Councillor J. Bulger, Councillor A.M. Philipsen, Councillor & M.P.C. Chair I. Schroeder, Councillor R. Andrews, Councillor STAFF: K. Stephenson, CAO L. Johnson, Assistant Administrator A. Wickert, Manager of Planning and Development S. Simpson, Administrative Assistant OTHERS IN ATTENDANCE: S. Stanway, Brooks Bulletin C. Lindsay, Brooks and County Chronicle 1. CALL TO ORDER The Chairman called the meeting to order at 10:02 a.m. 2. EXCUSED FROM MEETING All members were present. 3. MINUTES a) March 24, 2011 P -26/11 MOVED BY COUNCILLOR M. NESBITT that the minutes of the March 24, 2011 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 -27/11 MOVED BY COUNCILLOR L. 7USS that the agenda be adopted as presented. MOTION CARRIED 6. COUNCIL & S.D.A.B. REPORT a) 2011 -1 Stop Order to Richardson Bros. (Olds) Ltd. The Manager of Planning and Development provided information regarding the Appeal Board decision. The decision was to deny the appeal and uphold the stop order to discontinue the use of trailers as dwellings by April 28, 2011. There was a question by M.P.C. if the issue was complaint driven. The Manager of Planning and Development responded that she had been contacted by the Health Authority and that the work site was not set up properly, there was not proper sewage disposal and raw sewage was spilling on the property. M.P.C. questioned where work sites fell in the Land Use Bylaw and if there would be provisions for temporary work camps in the new Land Use Bylaw. The Manager of Planning and Development responded that there is nothing in the current land use bylaw but it has been discussed with the Land Use Bylaw Review Steering Committee. 7. DEVELOPMENT REPORT - MARCH 1 -31, 2011 The Manager of Planning and Development presented the Development report P -28/11 MOVED BY COUNCILLOR I. SCHROEDER that the Development Report be adopted as presented. MOTION CARRIED 8. SUBDIVISIONS a) #2011 -0 -054 - NE 19- 19- 13 -W4M, Division 10 409034 Alberta Ltd. / Lambert VanOirschot (Owner) / (Applicant) To create one new parcel approximately 5.58 acres (2.26 ha) in size, containing an existing farmstead, from a titled area of 160 acres (64.7 ha) for Country Residential use. The Manager of Planning and Development provided background information on the proposed subdivision. M.P.C. questioned why we require a road approach agreement if there is already a house on the parcel. The Manager of Planning and Development responded that Public Works would like to have a road approach agreement for all applications in case there is upgrades required in the future. April 21, 2011 Municipal Planning Commission Page 2 P -29/11 MOVED BY COUNCILLOR A. EASTMAN that the Municipal Planning Commission APPROVE subdivision #2011 -0 -054, 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, location of septic field, and the exact dimensions of the lot to be subdivided. 3. That the applicant enters into an agreement with the County of Newell for the installation of any required road approaches to the proposed and /or remnant parcels. MOTION CARRIED b) #2011 -0 -055 - NE 1- 20- 14 -W4M, Division 5 409034 Alberta Ltd. (Owner) / (Applicant) To create two new parcels approximately 2.5 acres (1.01 ha) and 3.71 acres (1.5 ha) in size from a titled area of 160 acres (6.7 ha) for country residential use. The Manager of Planning and Development provided background information on the proposed subdivision. P -30/11 MOVED BY COUNCILLOR I. SCHROEDER that the Municipal Planning Commission APPROVE subdivision #2011 -0 -055, 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, location of septic field, and the exact dimensions of the lot to be subdivided. 3. That the applicant enters into an agreement with the County of Newell for the installation of any required road approaches to the proposed and /or remnant parcels. MOTION CARRIED 9. AGRICULTURAL SUPPORT SERVICE & HOME OCCUPATION PERMITS a) Permit #233 RENEWAL Lot 9, Block 9, Plan 091 2908, SW 10 -19- 14 W4M, Division 10 Alex Currie (Owner / Applicant) Renewal of existing permit for an Equipment Broker business. The Manager of Planning and Development provided background information on the proposed development permit. It was noted that the permit was reviewed with the IMDP Committee and their (� recommendation was to limit the number of pieces of equipment on the parcel. The Manager of Planning and Development responded that this was a high end subdivision and there would be complaints from adjacents if there was an issue. April 21, 2011 Municipal Planning Commission Page 3 P -31/11 MOVED BY COUNCILLOR M. NESBITT that the Municipal Planning Commission APPROVE Home Occupation Permit #233 and grant approval for an existing Equipment Broker business subject to the following conditions: This permit is being granted only for the operation of hotshot delivery service, on lands legally described as Lot 9, Block 9, Plan 091 2908, SW 10 -19 -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 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. 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 April 6, 2011. 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 involved in the operation of this business. g) 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) Permit #258- Block 6, Lot 19, Plan 001 1770, SW 10 -19 -14 W4M, Division 10 Kerry Bodnar (Owner) / (Applicant) Hotshot Delivery Service The Manager of Planning and Development provided background information on the proposed development permit. This permit was brought before the IMDP Committee and they suggested that the applicant give a site plan showing where the vehicles will be parked. M.P.C. discussed adding a condition that the trailer be parked in the applicants yard. P -32/11 MOVED BY COUNCILLOR B. DEJONG that the Municipal Planning Commission APPROVE Home Occupation Permit #258, and grant approval for a Hotshot Delivery Service subject to the following conditions: A),0 This ermit is being g granted only for the operation of hotshot delivery service, on lands legally described as Lot 19, Block 6, Plan 001 1770, SW April 21, 2011 Municipal Planning Commission Page 4 10 -19 -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 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. 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 April 1, 2011. 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 no non - resident employees involved in the operation of this business. g) 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. h) That there is no outside storage permitted in the operation of this business. i) That all equipment used in the operation of this business is parked on the property and not on the subdivision road. MOTION CARRIED 10. DEVELOPMENT PERMITS a) Permit #3500- Lot 1, Block 1, Plan 071 0915, SW 36 -18 -15 W4M, Division 5 Dean Paul Mowat (Owner) / (Applicant) Existing second dwelling The Manager of Planning and Development provided background information on the proposed development permit. This permit was previously approved in 2006. It was noted that the permit is only for the existing second dwelling and does not give permission for it to be replaced. P -33/11 MOVED BY COUNCILLOR M. NESBITT that the Municipal Planning Commission APPROVE Development Permit #3500 and grant approval for the existing second dwelling subject to the following conditions: This permit is being granted only for the existing 819 ft (76.1 m 2nd dwelling, on lands legally described as Lot 1, Block 1, Plan 071 0915, SW 36 -18 -15 W4M. Any additional development shall require prior 1 � \ approval of a separate permit application. The proposed development complying with: April 21, 2011 Municipal Planning Commission Page 5 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. d) Any other required permits, including electrical, heating & ventilation, gas and /or plumbing. All permits must be obtained from an accredited inspection agency. Reasons for Approval The Municipal Planning Commission has approved DP #3487 for the following reasons: 1. The proposed development complies with both the Municipal Development Plan and the Intermunicipal Development Plan. 2. The Development Authority is satisfied that the proposed development is suitable for the purpose for which it is intended under the Country Residential District (Schedule 2) and Standards of Development (Schedule 4) 3. As no objections have been received from adjacent landowners or referral agencies with respect to the proposed development, the Development Authority has granted an approval. Subject to the following conditions e) That this development is located as shown on the site plan approved in this application and submitted March 25, 2011. Any changes to that plan shall require the written approval from the Development Officer. ,r f) That the property is not used for conducting a business or commercial operation without first obtaining the required permits. g) That the following setbacks are maintained for this development: Front (west): 100 ft (30 m) Side (north and south): 20 ft (6.1 m) h) That there is a 2 m (6.6 ft.) separation distance between the existing dwelling and all other buildings. i) That any residence and /or structures are located a minimum distance of 100 m (328 ft) from any gas or oil well on or adjacent to the property. A variance of this distance may only be provided by the ECRB. MOTION CARRIED b) Permit #3504 - Lot 2, Block 1, Plan 801 1608, NW 7 -19 -14 W4M, Division 10 1216053 AB Inc. & 1216721 AB Inc. (Owner) / Chris Cosgrove (Applicant) Existing moved -in trailer being used as an office. The Manager of Planning and Development provided background information on the proposed development permit. It was noted that this request does not comply with the Land Use Bylaw. There was a response in circulations from Fire Emergency Services that this is a fire R hazard. There was discussion with M.P.C. that the applicant is currently constructing a new office and that the M.P.C. 0 ; ' \ y g give the applicant time to finish the new development before removing the trailer. April 21, 2011 Municipal Planning Commission Page 6 4 P -34/11 MOVED BY COUNCILLOR C. AMULUNG that the Municipal Planning Commission REFUSE Development Permit #3504, with the straw bales to be removed by April 29, 2011 and the trailer be removed before November 30, 2011. Reasons for refusal is that the development does not comply with the Land Use Bylaw. MOTION CARRIED 11. POST AGENDA 12. IN CAMERA ITEMS There were no in camera items. 13. QUESTION PERIOD None 14. ADJOURN Being that the agenda matters have been concluded the meeting adjourned at 10:43 a.m. �Mr✓' Signed by the Chairman and Assistant Administrator this _ 'Day of , 2011. CHAIRM ■ ! 410 ASST. AIMINIS rir TOR c April 21, 2011 Municipal Planning Commission Page 7