HomeMy WebLinkAbout2001-03-21 Municipal Planning Commission (Regular) MinutesC~
County of Newell No. 4
Minutes of Municipal Planning Commission Meeting
,-- March 21, 2001
The regular Municipal Planning Commission Meeting of the County of Newell No.4 was held
in the County Office at Brooks, AB on Thursday, March 29, 2001 commencing at 10:05 a.m.
Members Present Chairman C. Baksa
Councillors C. Vermeeren
R. Steinbach
Representatives B. M`Kellar
J. Doerksen
~isn~ator A~:-1~$rtcns
Recording Secretary P. Hoffman
p1ar.~rte~ G.51+ow
1. Call to Order
The Chairman called the meeting to order.
2. Excused from Meeting
All members were in attendance at this meeting.
3. Minutes
Minutes of the February 27, 2001 meeting were presented to the Commission. Moved by
Councillor Steinbach that we adopt these minutes. Carried.
4. Call for Post Agenda Items
The Chairman called for post agenda items.
5. Adoption of A eg_ nda
Moved by Councillor Steinbach that the agenda be adopted as amended. Carried.
6. Council Report
No report.
March 29, 2001 Page 20
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7. Business from Minutes
10-1 O1 NL 008 - SW 4-21-15-W4M -Division 7
Dyck, Heinz -Farmstead Subdivision
This item was not lifted from the table.
8-2 Permit #2183 - Pt. SW 4-21-14-W4M - Div. 8 -Plumer, Ben
Second Residence on Property
Mr. and Mrs. Plumer were in attendance at the meeting to present information on this
application. Moved by J. Doerksen that we approve Development Application #2183 to locate
a second residence on Pt. SW 10-20-14-W4 as shown in the information provided as part of
the application subject to the following conditions:
1. That this use be classified as a modular home being a permitted use within the OF -
Urban Fringe District. This use is permitted under Section 31(2) of Land Use Bylaw
#1004-90 in which the Municipal Planning Commission may waive requirements
stipulating only one dwelling per parcel. This approval is also subject to Section 9(4)
of Land Use Bylaw #1004-90 in which the Municipal Planning Commission may waive
requirements if, in its opinion, the proposed development would not:
i Unduly interfere with the amenities of the neighbourhood, or
ii Materially interfere with or affect the use, enjoyment or value of neighbouring
properties.
iii The proposed development conforms with the use prescribed for that land or
building in the Land Use Bylaw, and
iv The proposed development complies with any adopted statutory plans.
2. That this use shall comply with all Federal, Provincial and Municipal statutes,
regulations, codes and standards.
3. That this use shall comply with the provisions of Section 50 of Land Use Bylaw # 1004-
90 pertaining to the OF -Urban Fringe District.
4. That this development permit is issued as per Section 31(2) of Land Use Bylaw # 1004-
90.
5. That the development shall be located as shown on the site plan submitted January 31,
2001. Any changes to that plan shall require the written approval of the Development
Officer.
6. That this use shall comply. with the Alberta Building Code.
7. That the developer shall obtain all required permits (i.e., building, electrical, plumbing,
heating and ventilation) from an accredited inspection agency.
8. That the developer shall provide to the Development Officer a copy of the building
permit prior to the commencement of construction.
9. That the developer shall ensure an adequate supply of water is provided for this use.
10. That the developer shall ensure proper disposal of sewage and waste from this use.
11. That the developer shall ensure that the property is maintained to the satisfaction of the
Development Officer.
12. That the developer shall ensure that construction materials, supplies and equipment are
stored on the property.
13. That the developer shall ensure the continuous clean-up of construction debris tracked
onto the public roadway where access is provided to the property.
March 29, 2001 Page 21
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14. That the developer shall ensure that the following minimum yard setbacks are
maintained for this development:
^- Front Side Flankage Rear
*40 m 3 m *40 m 3 m
*From centre line of any public roadway or Secondary Highway
15. That the developer shall ensure the modular home is placed on the foundation in a
satisfactory manner.
16. That this development approval is granted only for the relocation of a modular home
onto Pt. SW 4-21-14-W4M as provided under Section 31(2) of Land Use Bylaw #1004-
90. Any other development will require separate application and approval. This permit
shall be granted until such time as the existing residence is not required for the
agricultural help for the market garden and livestock feeding. When this occurs, the
existing residence shall be demolished.
17. That the developer shall enter into a development agreement with the municipality as
a condition of approval and the cost associated with the preparation and registration of
it shall be the responsibility of the developer.
18. That the developer shall be responsible for all costs associated with the removal of the
existing home, when required, from that Part of SW 4-21-14-W4M owned by the
applicant.
19. That the development approval is granted only for a modular unit less than two years
old from the decision date.
Moved by Councillor Steinbach that we table this motion pending a site inspection. Carried.
8-3 Permit #2184 -Plan 8110622 Block 8 Lot 1 -Div. 10
Smithbrook Waste Management Systems Inc.
''`1 Waste Processin Facility to Wash & Recycle Snent Frac Sand
Wayne Finnerty and Richard Smith, from Smithbrook Waste Management Systems Inc., and
Consultant Rod Facey were in attendance at the meeting to discuss this application. Moved
by Councillor Vermeeren that we approve Development Permit Application #2184 to
construct a waste processing facility to wash and recycle frac sand within Plan 8110622,
Block 8, Lot 1 within the SE 9-19-14-W4 subject to the following conditions:
1. That this use be classified as a "use similar in nature to sand, gravel and asphalt
operations" being a discretionary use within the I -Industrial District. Approval for
development application #2184 is granted until December 1, 2003. After this date, the
Municipal Planning Commission shall review the operations of the waste processing
facility to wash and recycle frac sand. The Municipal Planning Commission may renew
development approval #2184 to operate. a waste processing facility to wash and recycle
frac sand within Plan 8110622, Block 8 Lot 1 subject to this review.
2. That this use shall comply with all Federal, Provincial and Municipal statutes,
regulations, codes and standards.
3. That the proposed development shall be located as shown on the site plan submitted
January 31, 2001. Any permanent change to that location shall require the written
approval of the Development Officer.
4. That the proposed development shall comply with Section 54, I -Industrial District, of
the County of Newell Land Use By-law #1004-90.
5. That the developer shall ensure that the development maintains the following setbacks:
,•---
March 29, 2001 Page 22
~~ Front Side Flankage Rear
7.Sm* 3m 7.Sm* 3m
*From property line
6. That this use shall comply with the Alberta Building Code, where applicable.
7. That the developer shall provide to the Development Officer prior to the commencement
of construction a copy of a building permit, if applicable, from an authorized building
inspection agency.
8. That the developer shall comply with Alberta Environment's approval to be granted for
the operation of this facility. All air, water or noise emissions shall be consistent with
Alberta Environment regulations pertaining to such emissions. The applicant shall
provide a copy of the approval as soon as readily available from Alberta Environment.
9. That the developer shall be responsible for contacting Alberta Infrastructure to
determine if development approval is required from this agency as this development
may be located closer than 300 m to the Trans Canada Highway. If development
approval is required from Alberta Infrastructure, a copy of this approval shall be
provided to the Development Officer when received by the applicant. The developer
shall contact Mr. John Thomas, Alberta Infrastructure, Lethbridge, 403-381-5166 to
discuss development permit requirements.
10. That the developer shall ensure that access can be provided for Emergency Services
vehicles to service the development in the event of a fire.
11. That the developer shall ensure that the site is graded so that storm water does not drain
into any drainage ditches in proximity to Plan 8110622, Block 8, Lot 1.
12. That the developer shall ensure that noise dampening measures are in place prior to the
commencement of operations of the waste processing facility to wash and recycle frac
sand within Plan 8110622, Block 8, Lot 1. Such measures may include best practicable
technology available to reduce the noise level from this development. The developer
shall contact the Development Officer of the progress of these measures through the
operating period. The developer shall provide a report of all measures undertaken
during the operating period to the Development Officer prior to December 1 of each
year.
13. That the developer shall ensure that this development shall not cause undue nuisance
odours, smoke, dust or noise which may affect adjacent residential properties. The
developer shall ensure that operations are conducted properly when prevailing winds
are from the northwest and have the potential to transport nuisance odours, smoke or
dust to adjacent residential properties. The developer shall ensure that a proper dust
control program is implemented prior to commencement of operations and to the
satisfaction of the County of Newell.
14. That the developer shall ensure the property is maintained to the satisfaction of the
Development Officer.
15. That the developer shall ensure all vehicle activity areas are designed to prevent surface
runoff from entering onto and discharging off the vehicle areas. All surface runoff that
accumulates within the vehicle activity area shall be collected and disposed of to the
facility waste disposal tankage.
16. That the developer shall undertake a site assessment at a sufficient level of detail to
allow implementation of an appropriate monitoring program. This assessment shall be
conducted by a qualified professional and a copy shall be provided to the municipality
prior to the startup of operation.
March 29, 2001 Page 23
17. That the developer shall be responsible for implementing a ground water monitoring
program and the results of that program shall be provided to the municipality on a
~-- timely basis throughout the operating period.
18. That the developer shall be responsible for conducting a traffic analysis of the roadway
connecting the subdivision to the Smith Trucking Road located to the south of the
subject property. This traffic analysis shall be undertaken by a qualified professional
to determine the level of traffic generated by the waste processing facility to wash and
recycle frac sand. This program shall be conducted prior to and after operations
commence.
19. That the developer shall ensure that all waste materials are properly disposed of in
regulated facilities.
20. That the developer shall have dust control measures to ensure fines and other materials
are controlled in the most practical manner to prevent blowing into adjacent lots. Such
measures may include tarping of storage piles or construction of fine screened
windbreaks or other measures suitable for the control of blowing dust and other fines
from this site.
Moved by J. Doerksen that this motion be amended to remove the December 1, 2003 renewal
period. Vote on amendment. Carried. Vote on motion. Carried.
8-4 Permit #2186 - SW 9-19-14-W4M -Div. 10
Smithbrook Waste Management Systems Inc. -Class 2 Thermal Oxidizer
Wayne Finnerty and Richard Smith, from Smithbrook Waste Management Systems Inc., and
Consultant Rod Facey were in attendance at the meeting to discuss this application. Moved
by Councillor Steinbach that we approve Development Permit Application #2186 to develop
a Class 2 Thermal Oxidizer plan within an existing building within the SW 9-19-14-W4 and
for this plant to be used for the incineration ofnon-hazardous industrial wastes until approval
is granted by the municipality for other wastes subject to the following conditions:
1. That this use be classified as an "Accessory Use", being a Class 2 Oxidizer, which is a
discretionary use within the I -Industrial District. This approval is only for the
incineration ofnon-hazardous industrial waste being limited to industrial rags and waste
oil filters. No other type of waste is permitted with this approval.
2. That this use shall comply with all Federal, Provincial and Municipal statutes,
regulations, codes and standards.
3. That the proposed development shall be located as shown on the site plan submitted
February 6, 2001. Any permanent change to that location shall require the written
approval of the Development Officer.
4. That the proposed development shall comply with Section 54, I -Industrial District, of
the County of Newell Land Use By-law #1004-90.
5. That the developer shall ensure that the development maintains the following setbacks:
Front Side Flankage Rear
40 m* 3 m 40 m* 3 m
*From centreline of County road.
6. That this use shall comply with the Alberta Building Code, where applicable.
7. That the developer shall provide to the Development Officer prior to the commencement
of construction a copy of a building permit, if applicable, from an authorized building
inspection agency.
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March 29, 2001 Page 24
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8. That the developer shall comply with Alberta Environment's approval to be granted for
the operation of this facility. All air emissions shall be consistent with Alberta
Environment regulations pertaining to such emissions. The applicant shall provide a
copy of the approval as soon as readily available from Alberta Environment. This
development shall be in conformance with the Code of Practice for incinerators. A
summarized copy of air monitoring data collected for the operation of the incinerator
will be provided to the Development Officer on a monthly or quarterly basis whichever
is most applicable to reporting practices for Alberta Environmental Protection.
9. That the developer shall be responsible for contacting Alberta Infrastructure to
determine if development approval is required from this agency as this development
may be located closer than 300 m to the Trans Canada Highway. If development
approval is required from Alberta Infrastructure, acpy of this approval shall be
provided to the Development Officer when received by the applicant. The developer
shall contact Mr. John Thomas, Alberta Infrastructure, Lethbridge, 403-381-5166 to
discuss development permit requirements.
10. That the developer shall ensure that access can be provided for Emergency Services
vehicles to service the development in the event of a fire.
11. That the developer shall ensure that the site is graded so that storm water does not drain
into any drainage ditches in proximity to SW 9-19-14-W4M.
12. That the developer shall ensure that this development shall not cause undue nuisance
odours, smoke, dust or noise which may affect adjacent residential properties. The
developer shall ensure that operations are conducted properly when prevailing winds
are from the northwest and have the potential to transport nuisance odours, smoke or
dust to adjacent residential properties. The developer shall ensure that a proper rogue
emission control program is implemented prior to commencement of operations and to
the satisfaction of the County of Newell.
13. That the developer shalt ensure the property is maintained to the satisfaction of the
Development Officer.
14. That the developer shall ensure the waste metal storage containers are screened from
public view in a containment area. This screening shall consist of a fence or other
similar material to the satisfaction of the Development Officer. Atl containers shall be
weather and animal proof. All surface water runoff that accumulates within the waste
storage containment area shall be collected and treated or disposed in a safe manner.
15. That the developer shall contact the Division Ten Fire Chief to determine if the
operation meets the specifications of the Alberta Fire Code. A copy of the inspection
shall be provided to the Development Officer. Any cost associated with this inspection
shall be the responsibility of the developer.
Carried.
8. Home Occupation Permits
1. Permit #51 -Renewal - Pt. NE 29-20-12-W4 -Division 3
Conners Judv -Bed & Breakfast and Craft Shop
Moved by Councillor Vermeeren that we grant approval for the renewal of Home Occupation
Permit #51 to operate a bed and breakfast and craft shop from within the NE 29-20-12-W4
subject to the following conditions:
March 29, 2001 Page 25
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1. That this use is classified as a home occupation being a discretionary use within the A -
Agricultural District.
^- 2. That this use shall comply with Federal, Provincial and Municipal statutes, regulations,
codes and standards.
3. That this use shall not affect the residential use of the property or adjacent properties
and area.
4. That the total number of off-site employees, not including the occupants of the
residence, involved with the said occupation shall not exceed two.
5. That there shall be no outside storage of goods or materials.
6. That there shall be no noise, vibration, smoke, dust or odours created from this home
occupation which may affect adjacent land owners or development.
7. That this permit shall be valid until April 27, 2003, at which time it may be either
revoked or renewed by the Approving Authority.
8. That this home occupation is only for the operation of a bed and breakfast and craft
shop from the residence within the NE 29-20-12-W4. No other home occupation is
permitted under this approval.
Carried.
9. Subdivisions
1. O1 NL 002 - Pt. E '/z 36-20-15-W4 -Residential Subdivision -Division 8
Benci, Louis & Marv and Jorgensen, Edward & Sylvia
Moved by Councillor Vermeeren that we recommend to Council approval of Subdivision O1
NL 002 in Pt. E % 36-20-15-W4 for a residential subdivision subject to the following
,~-~
conditions:
1. The County may require the applicant to enter into a road approach agreement with the
municipality for the upgrading of the existing road approach to the subject property.
2. The County will need to waive the design configuration shown within the Benci area
structure plan in which the well site was to be located within a developed roadway
rather than on an individual property.
3. The Eastern Irrigation District may require the applicant to enter into an agreement for
the provision of water to the subject property as well as being responsible for the costs
associated with providing easements and water to the site.
4. Oil and gas companies may require any of their instruments to be carried forward on
title when the subdivision plan is registered at Land Titles Office.
5. Franchise utilities will require the applicant to be responsible for all costs associated
with the servicing of the subject property as well as providing easements where
required.
Moved by Councillor Vermeeren that we table this motion until such time as the Area
Structure Plan for this area has been amended. Carried.
March 29, 2001 Page 26
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Business from Minutes (cont'd)
15-1 Land Use Change - OF -Urban Fringe to CR2 -Country Residential 2
Lavern & Eileen Klassen/Gordon Grove -Brian Reinboldt (applicant)
Plan 9711815 Blocks 1 & 2 Pt. (NE 31-20-14-W4M)
Brian Reinboldt was in attendance at the meeting to present information on this application.
Moved by J. Doerksen that we recommend to Council that consideration be given to first
reading of a bylaw amending the land use designation of Plan 9711815, Blocks 1 and 2 within
the NW and NE 31-20-14-W4 from OF -Urban Fringe District to CR2 -Country Residential
2 District and that this amendment not take effect until such time as a subdivision plan is
registered at Land Titles Office. Carried.
15-2 Subdivision O1 NL 010 -Plan 9711815 Blocks 1 & 2 Pt. (NE 31-20-14-W4M)
Division 8 -Lavern & Eileen Klassen/Gordon Grove -Brian Reinboldt (applicant)
Brian Reinboldt was in attendance at this meeting to present information on this application.
Moved by J. Doerksen that refer this to the next meeting pending a more detailed plan from
the developer. Carried.
Planner Gord Shaw left the meeting and Administrator Alan Martens was in attendance for
the next item.
10. DeveloQment Permits
1. Permit #2199 -Plan 8111866, Block E, Lot 3 -Division 10
Yanke Harvey -Oversized Accessory Buildins
Harvey Yanke was in attendance at this meeting to present information on this application.
Moved by Councillor Steinbach that we approve Development Permit #2199 for the
construction of an oversized accessory building within Lot 3, Block E, Plan 8111866 subject
to the following conditions:
1. That this use be classified as an "Accessory Building" being a discretionary use within
the CR2 -Country Residential 2 District. The Municipal Planning Commission grants
approval for the construction of the accessory building at its March 29, 2001.
2. That this use shall comply with all Federal, Provincial, Municipal statutes, regulations,
codes and standards.
3. That this use shall comply with the provisions of Section 52 of Land Use Bylaw #1004-
90 pertaining to the CR2 -Country Residential 2 District.
4. That the development shall be located as shown on the site plan submitted March 23,
2001. The building shall be located a minimum of 5 m from the eastern property line
and set back from the front of the residence. The accessory building shall be located a
minimum of 3 m from the residence. Any changes to that plan or the decision of the
Municipal Planning Commission shall require the written approval of the Development
Officer.
March 29, 2001 Page 27
5. That this permit shall be for the construction of an accessory building within Plan
8111866, Block E, Lot 3 as approved at the Municipal Planning Commission meeting
^- of March 29, 2001. Any additional development shall require a separate development
permit application and approval.
6. That this use shall comply with the Alberta Building Code, where applicable.
7. That the developer shall be responsible for obtaining all required permits (i.e., building,
electrical, plumbing, heating and ventilation) from an accredited inspection agency.
8. That the developer shall provide to the Development Officer a copy of a building permit
obtained from an inspection agency licenced within the County of Newell to issue such
permits prior to the commencement of construction.
9. That the developer shall ensure that the proposed development complies with the
following minimum setback requirements or as varied by the Municipal Planning
Commission:
Front Side Flankage Rear
*7.5m Sm *7.5m 7.5m
*Minimum yard distance from subdivision streets or service roads. The building shall
be set back from the front of the residence.
10. That the developer shall ensure that the property is maintained to the satisfaction of the
Development Officer.
11. That the developer shall ensure that construction materials, supplies and equipment are
stored on the property.
12. That the developer shall ensure the continuous clean-up of construction debris tracked
onto the public roadway where access is provided to the property.
13. That the developer shall ensure the accessory building satisfies the following unless as
otherwise varied by the Municipal Planning Commission at its March 29, 2001,
meeting:
,.-- Does not exceed 7.0 m in height from the foundation to the roof peak;
• Does not exceed 300 mZ in area;
• Is not used for living purposes;
• Is not used for conducting a business or commercial operation unless this operation
is conducted in conjunction with an approved Home Occupation.
14. That the developer shall ensure that the accessory building is sided in the same or
similar material and colour as the principal building on the property or to the
satisfaction of the Development Officer.
15. That the developer shall include additional windows in the building's design along the
eastern walls to the satisfaction of the municipality.
16. That the developer shall ensure that landscaping of the area between the proposed
boundary and the eastern property line is completed prior to September 1, 2001. If the
developer requires a variance to this date, a written request shall be forwarded to the
Development Officer no later than August 1, 2001. If a variance is approved, an
Irrevocable Letter of Credit or other form of security acceptable to the municipality, will
be required in the amount of $5000.00. The landscaping shall include suitable sized
trees and shrubs to screen the mass of the building along the eastern property line. All
landscaping shall be completed prior to August 1, 2002 if a variance is required.
17. That the developer shall not store material within the building related to the commercial
operation located elsewhere within the municipality. This building is solely for the
storage of materials, equipment, and vehicles related to the residential use of the
property.
Carried.
March 29, 2001 Page 28
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March 29, 2001
Planner Gord Shaw returned to the meeting and Administrator Alan Martens left the meeting.
Subdivisions (cont'd)
2. O1 NL 011 - Pt. NE 27-18-14-W4 -Division 5
Albert Snyders Holdings Ltd. -Farmstead Separation
Moved by B. McKellar that we recommend that Council deny Subdivision O1 NL 011 in Pt.
NE 27-18-14-W4 for a farmstead separation due to the size of the proposed parcel and the
lack of legal direct access. Carried.
Lunch
The Committee recessed for lunch from 11:55 a.m. to 12:47 p.m.
3. O1 NL 012 -Plan 8910606, Block 1 & Pt. SE 29-19-14-W4 -Division 10
March Leona and Lakeside Farm Industries Ltd. - Boundary Adjustment
Moved by Councillor Vermeeren that we recommend to Council approval of Subdivision
Application O1 NL 012 to allow for a boundary adjustment in Plan 8910606, Block 1 & Pt.
SE 29-19-14-W4 subject to the following conditions:
1. The County may require the applicant to enter into a road approach agreement to
upgrade approaches to the remnant parcel.
2. The County will require the proposed addition to be consolidated with Plan 8910606,
Block 1 by plan.
3. The Eastern Irrigation District may require any easements provided to Plan 8910606,
Block 1 be continued on title when the plan is registered at Land Titles Office.
4. The Eastern Irrigation District may require termination of irrigable rights within the
portion to be consolidated with Plan 8910606, Block 1.
Carried.
4. O1 NL 013 - Pt. NW 19-21-15-W4 -Division 7
Seidel, Peggy -Farmstead Separation
Moved by Councillor Steinbach that we recommend to Council approval of Subdivision
Application O1 NL 013 for a farmstead separation in Pt. NW 19-21-15-W4 subject to the
following conditions:
1. The County will require the applicant to enter into a road approach agreement for the
upgrading of the approaches to the proposed and remnant parcels along the westerly
boundary of NW 19-21-15-W4M.
2. The County may require road dedication along the westerly boundaries of the proposed
and remnant parcels as well as the northerly boundary of the remnant parcel. This road
dedication will be provided in the form of a five metre strip of land by caveat.
3. The Eastern Irrigation District may require easements for its works within the quarter
as well as require the applicant to enter into a household purposes agreement.
Page 29
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4. Oil and gas companies will require their instruments to be carried forward on title when
the subdivision is registered at Land Titles Office.
-- 5. Franchise utilities may require easements for their services as well as require the
applicant to be responsible for the costs associated with the installation, removal or
modification of services.
Carried.
5. O1 NL 014 - Pt. NE 17-21-15-W4 -Division 7
Parker, Thomas -Agricultural Subdivision
Moved by Councillor Steinbach that we recommend to Council approval of Subdivision
Application O1 NL 014 for an agricultural subdivision in Pt. NE 17-21-15-W4 subject to the
following conditions:
1. The County will require the applicant to enter into a road approach agreement for the
upgrading of approaches into the proposed and remnant parcels. These approaches shall
be to the satisfaction of the Public Works Department.
2. The County may require road dedication by caveat on the proposed and remnant parcels
in the form of a five metre strip of land adjacent to the easterly boundary of the quarter
section.
3. The County will require the applicant to provide all outstanding municipal taxes on the
NE 17-21-15-W4M prior to endorsement of the subdivision plan.
4. The County will need to waive section 49.3 of Land Use Bylaw #1004-90 to allow a
size of 21.05 ha (52 acres) rather than 32.4 ha (80 acres).
5. The Eastern Irrigation District may require easements for their facilities within the
proposed parcel as well as termination of irrigable rights.
6. Franchise utilities may require easements on their facilities within the proposed parcel.
7. Oil and gas companies may require all instruments to be carried forward on title when
the subdivision plan is registered at Land Titles Office.
Carried.
6. O1 NL 015 - Pt. SE 31-16-15-W4 -Division 7
Eastern Irrigation District - Agricultural Subdivision
Moved by J. Doerksen that we recommend to Council approval of Subdivision Application
O1 NL 015 for an agricultural subdivision in Pt. SE 31-16-15-W4 subject to the following
conditions:
1. The municipality will require municipal reserve in the form of cash-in-lieu, the value
of which will be determined at the time the applicant, or representative, provides a
subdivision plan for endorsement. The applicant may provide a market appraisal of the
property to determine market value of the land at the time the subdivision plan is
provided to the municipality.
2. The municipality will require the remaining portion of the SE 31-16-15-W4M lying to
the northeast of Canal R/W Plan IRR 971 to be consolidated with Plan 9913321, Block
3 by plan. The Eastern Irrigation District may require an easement for the pipeline
connecting the reservoir to Canal R/W Plan IRR 971.
March 29, 2001 Page 30
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3. Franchise utilities may require their easements to be carried forward at the time the plan
is registered at Land Titles Office or require easements for their facilities. All costs
associated with the provision of services to the proposed or remnant parcels will be the
responsibility of the applicant.
Carried.
11. Development Report - February 22, 2001 to March 19, 2001
The Development Report for February 22, 2001 to March 19, 2001 was presented to the
Commission. Moved by Councillor Vermeeren that we approve this report. Carried.
12. Correspondence
1. Town of Brooks - Application 2001 LUB O1 -Amendment of Land Use Bylaw
A letter from the Town of Brooks regarding amendments to their Land Use Bylaw to allow
Equipment Sales, Rental and Services as a discretionary use in a General Commercial District
and land use amendments on two properties, was presented to the Committee. The Planner
was given direction to respond to the Town of Brooks stating that we have no objects to these
proposed amendments.
13. Other Business
1. Article -The Role of Planning in Public-Private Partnerships
An article on the Role of Planning in Public-Private Partnerships was presented to the
Committee as information.
14. Land Use Changes
There were no Land Use Changes.
15. Post Agenda Items
1. O1 NL 016 - Pt. SE 32-20-15-W4 & Pt. NE 29-20-15-W4 -Division 7
Dyck Alan & Laura -Farmstead Separation
Moved by Councillor Vermeeren that we recommend to Council approval of Subdivision
Application O1 NL 016 for a farmstead separation in Pt. SE 32-20-15-W4 and Pt. NE 29-20-
15-W4 subject to the follo~ti~ing conditions:
1. The County may require the applicant to enter into a road approach agreement to
eliminate one of the approaches to the proposed parcel and upgrade the other as well as
either upgrade or remove one of the approaches to the remnant parcel. This will be at
the direction of the Public Works Department.
March 29, 2001 Page 31
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2. The County will require the applicant to provide municipal reserve in the form of
deferred reserve caveat to be registered on the SE 32-20-15-W4M in an amount to be
~--~ determined at the time a subdivision plan is forwarded to the municipality for
endorsement.
3. The Eastern Irrigation District will require the applicant to enter into a household
purposes agreement for the proposed parcel as well as provide easements for the
conveyance of water to the proposed and remnant parcels.
4. Franchise utilities may require the applicant to provide easements for their services or
be responsible for the costs associated with the installation, relocation or modification
of them.
5. Oil and gas companies will require the applicant to ensure that all instruments are
carried forward on title when the subdivision plan is registered at Land Titles Office.
Carried.
2. O1 NL 017 Pt. NW 22-18-15-W4 -Division 5
Eastern Irrigation District -Agricultural Subdivision
Moved by J. Doerksen that we recommend to Council approval of Subdivision Application
O1 NL 017 for an agricultural subdivision in Pt. NW 22-18-15-W4 subject to the following
conditions:
1. The County may require the applicant to enter into a road approach agreement to
construct an approach to the proposed parcel from the Brooks Industrial Road. The
location and construction of the approach shall be to the satisfaction of the Public
Works Department.
2. The County will require the applicant to consolidate the remaining portion of the NW
'' 22-18-15-W4M and the SW 22-18-15-W4M at the time ofregistration ofthe subdivision
plan with Land Titles Office.
3. The Eastern Irrigation District may require the irrigable units within the proposed parcel
to be terminated.
4. Oil and gas companies will require their instruments to be carried forward when the
subdivision plan is registered at Land Titles Office.
5. Franchise utilities may require continuation of easements or the applicant to be
responsible for the cost associated with the installation, modification or relocation of
their services.
Carried.
8-2 Permit #2183 - Pt. SW 4-21-14-W4M - Div. 8 - Plumer, Ben
Second Residence on Property (cont'd)
Moved by Councillor Steinbach that we lift the following motion from the table: "Moved by
J. Doerksen that tive approve Development Application #2183 to locate a second residence
on Pt. SW 4-20-14-W4 as shown in the information provided as part of the application
subject to the following conditions:
1. That this use be classified as a modular home being a permitted use within the OF -
Urban Fringe District. This use is permitted under Section 31(2) of Land Use Bylaw
#1004-90 in which the Municipal Planning Commission may waive requirements
stipulating only one dtivelling per parcel. This approval is also subject to Section 9(4)
March 29, 2001 Page 32
(J'
of Land Use Bylaw #1004-90 in which the Municipal Planning Commission may waive
requirements if, in its opinion, the proposed development would not:
i Unduly interfere with the amenities of the neighbourhood, or
11 Materially interfere with or affect the use, enjoyment or value of neighbouring
properties.
iii The proposed development conforms with the use prescribed for that land or
building in the Land Use Bylaw, and
iv The proposed development complies with any adopted statutory plans.
2. That this use shall comply with all Federal, Provincial, Municipal statutes, regulations,
codes and standards.
3. That this use shall comply with the provisions of Section SO of Land Use Bylaw #1004-
90 pertaining to the OF -Urban Fringe District.
4. That this development permit is issued as per Section 31(2) of Land Use Bylaw #1004-
90.
S. That the development shall be located as shown on the site plan submitted January 31,
2001. Any changes to that plan shall require the written approval of the Development
Officer.
6. That this use shall comply with the Alberta Building Code.
7. That the developershall obtain all requiredpermits (i. e., building, electrical, plumbing,
heating and ventilation) from an accredited inspection agency.
8. That the developer shall provide to the Development Officer a copy of the building
permit prior to the commencement of construction.
9. That the developer shall ensure an adequate supply of water is provided for this use.
10. That the developer shall ensure proper disposal of sewage and waste from this use.
I1. That the developer shall ensure that the property is maintained to the satisfaction of the
Development Officer.
12. That the developer shall ensure that construction materials, supplies, equipment are
stored on the property. -
13. That the developer shall ensure the continuous clean-up of construction debris tracked
onto the public roadway tivhere access is provided to the property.
14. That the developer shall ensure that the following minimum yard setbacks are
maintained for this development:
Front Side Flankage Rear
*40 m 3 m *40 m 3 m
*From centre line of any public roadway or Secondary Highway
1 S. That the developer shall ensure the modular home is placed on the foundation in a
satisfactory manner.
16. That this development approval is granted only for the relocation of a modular home
onto Pt. SW 4-21-14-W4M as provided under Section 31(2) ofLand Use Bylaw #1004-
90. Any other development will require separate application and approi~al. This permit
shall be granted until such time as the existing residence is not required for the
agricultural help for the market garden and livestock feeding. When this occurs, the
existing residence shall be demolished.
17. That the developer shall enter into a development agreement with the municipality as
a condition of approval and the cost associated with the preparation and registration
of it shall be the responsibility of the developer.
1 S. That the developer skull be respox.iible for all costs associated tivith the removal of the
existing home, when required, from that Part of SW 4-21-14-W4~1~1 owned by the
applicant.
March 29, 2001 Page 33
19. That the development approval is gra~t~d only for a modular unit less than two years
old from the decision date."
~ Vote on lifting motion. Carried.
Moved by Councillor Vermeeren that the motion be amended by deleting the following from
condition 16: "This permit shall be granted until such time as the existing residence is not
required for the agricultural help for the market garden and livestock feeding. When this
occurs, the existing residence shall be demolished." and by deleting condition 18 in its
entirety. Vote on amendment. Carried.
Vote on amended motion. Defeated.
Moved by Councillor Vermeeren that we deny this application because it does not comply
with our Land Use Bylaw and the current agricultural operation is not large enough to warrant
two residences. Carried.
16. Question Period/Notice of Motion
A question period was held.
17. Adiourn
Moved by Councillor Steinbach that the meeting adjourn at 2:35 p.m. Carried.
CHAIRMAN ~ -~.----. ~
i
ADMINISTRATOR
~ March 29, 2001 Page 34