HomeMy WebLinkAbout2001-08-28 Municipal Planning Commission (Regular) MinutesG~j
County of Newell No. 4
Minutes of Municipal Planning Commission Meeting
'"- August 28, 2001
The regular Municipal Planning Commission Meeting of the County of Newell No.4 was
held in the County Office at Brooks, AB on Tuesday, August 28, 2001 commencing at
10:00 a.m.
Members Present Chairman C. Baksa
" Councillors C. Vermeeren
M. Douglass
Representatives J. Doerksen
B. M°Kellar
Planner G. Shaw
Recording Secretary P. Garrett
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
a) July 31, 2001
Minutes of the July 31, 2001 meeting were presented to the Commission. Moved by
Councillor Vermeeren that we adopt these minutes as corrected. Carried. Councillor
Douglass did not vote on the adoption of the minutes as this was her first meeting as a
member of the Municipal Planning Commission.
4. Call for Post Agenda Items
The Chairman called for post agenda items.
5. Adoption of A eg nda
Moved by Councillor Douglass that the agenda be adopted as amended. Carved.
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August 28, 2001 Page 91
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6. In Camera
Moved by J. Doerksen that we move in camera. Carried.
Moved by Councillor Douglass that we move out of camera. Carried.
7. Business from Minutes
7-1 Permit #2248 - W'/z 18-18-13-W4 -Division 2 '
The Canadian Pheasant Company Intensive Livestock Operation
Ed Houck, of Pheasants Unlimited operating as The Canadian Pheasant Company, was
in attendance to present information on this application.
14-2 Dola, Dale - Pt. SE 2-19-14-14-W4 -Division 10
OF -Urban Fringe District to LI -Light Industrial District
Chairman Baksa declared a pecuniary interest in this item. Planner Gord Shaw indicated
that, at the last meeting, Mr. Kay felt that Mr. Shaw was in conflict and should not be in
attendance. Prior to this meeting, legal counsel was consulted on this matter and the
Commission was informed that, as Mr. Shaw does not make any decisions, he is not in
conflict. Chairman Baksa left the Council Chambers at this time and Vice-Chairman
Doerksen assumed the chair.
Dale Dola, applicant; Ralph Siemans, former land owner; and Gordon Kay, legal counsel,
were in attendance to present information on this application.
13-3 Delegation -Hajash, Sandra - Pt. SE 2-19-14-W4
OF -Urban Fringe District to LI -Light Industrial District
Sandra Hajash was in attendance to present information on the above-noted land use
change.
Chairman Baksa returned to the Council Chambers and resumed the chair.
August 28, 2001 Page 92
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8. Development Permits
,--~ 1. Permit #2268 - Pt. SW 8-22-12-W4 -Division 3
Sun Minerals Ltd. -Ammonite Fossil Mine
Eric Walton, of Sun Minerals Ltd, was in attendance to present information on this
application. Moved by Councillor Vermeeren that we approve Development Permit
Application #2268 to operate an ammonite fossil mine within LSD 7 & 8-33-25-16-W4
subject to the following conditions:
1. This use being classified as a "Ammonite Fossil Mine" being a discretionary use
within the A -Agricultural District. Approval is granted by the decision of the
Municipal Planning Commission at its August 28, 2001, meeting.
2. This use complying with all Federal, Provincial and Municipal statutes, regulations,
codes and standards.
3. This use complying with the provisions of Section 49 of Land Use By-law #1004-90
pertaining to the A -Agricultural District.
4. The development being located as shown on the site plan submitted August 13,
2001. Any permanent changes to that plan shall require the written approval of the
Development Officer.
5. This permit only being for the development of an ammonite fossil mine within the
LSD 7 & 8-33-25-16-W4M. Any additional development shall require a separate
development permit application and approval. Approval is granted for the use of a
site trailer at this location for temporary housing.
6. The applicant utilizing existing approaches as well as surface roads as indicated in
..- the site plan attached to the development application. If a new access is required,
than the applicant shall apply to the municipality for a road approach agreement.
The Public Works Department shall be contacted prior to construction to ensure that
the approach is suitably located.
7. The operator ensuring dust control measures are in place to the satisfaction of the
municipality prior to commencement of the ammonite fossil mine.
8. The operator ensuring that the ammonite fossil mine does not cause undue noise,
dust or other nuisances which may affect other land owners in the area.
9. The operator ensuring that the site is maintained to the satisfaction of the
Development Officer.
10. The operator being responsible for any increased road maintenance required on the
County road as a result of this use. This maintenance shall be under the direction
of the Public Works Department.
11. The operator of the facility providing, to the Development Officer, a copy of the
approval identified as Ammonite Shell Agreement No. 9191010002 prior to
September 15, 2001.
August 28, 2001 Page 93
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12. The operator being responsible for reclaiming the site to the satisfaction of the
Provincial Agencies responsible for approving and monitoring the operation of
ammonite shell mines. The operator shall provide to the Development Officer a
copy of any reclamation certificate issued by the Province when this mine is
completed and the mine site reclaimed. If no reclamation certificate is issued by the
Province, the operator shall contact the municipality when the mine site is reclaimed
to arrange a site visit. Reclamation of the site shall be to the satisfaction of the
municipality if the Province no longer reviews reclamation of such sites.
13. The operator contacting the Public Health Authority to ensure that the temporary
housing to be provided at this site satisfies all public health regulations and sanitary
disposal methods is to its satisfaction. Any approvals granted by the Public Health
Authority for this operation shall be copied to the Development Officer.
14. The operator satisfying all requirements of the letter dated August 16, 2001, from
XL Foods Ltd. to Sun Minerals Ltd. for access to the site.
15. The operator reviewing the relocation of a site trailer for use as housing with a
building inspection agency licenced for the municipality to determine if a building
permit is required for the relocation. If a building permit is required for this
relocation, the operator shall provide a copy of it to the Development Officer prior
to the relocation of it.
Carried.
2. Permit #2271 - Pt. SW 8-22-12-W4 -Division 3
Sinclair, Doug and Joey -Sand & Gravel Operation
Doug and Joey Sinclair were in attendance to present information on this application.
Moved by J. Doerksen that we approve Development Permit Application #2271 to operate
a sand and gravel operation within Pt. SW 8-22-12-W4 subject to the following
conditions:
1. This use being classified as a "Sand and Gravel Operation" being a discretionary use
within the A -Agricultural District.
2. This use complying with all Federal, Provincial and Municipal statutes, regulations,
codes and standards.
3. This use complying with the provisions of Section 49 of Land Use By-law #1004-90
pertaining to the A -Agricultural District.
4. The development being located as shown on the site plan submitted August 15,
2001. Any permazient changes to that plan shall require the written approval of the
Development Officer.
5. This permit only being for the development of a sand and gravel operation within
the SW 8-22-12-W4M. Any additional development shall require a separate
development permit application and approval.
6. The applicant utilizing the existing approach as indicated in the site plan attached
to the development application.
7. The applicant, if required to construct a new approach to access the proposed site,
contacting the Public Works Department prior to construction to ensure that the
approach is suitably located.
August 28, 2001
Page 94
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8. The operator ensuring dust control measures are in place to the satisfaction of the
municipality prior to commencement of the sand and gravel operation.
'~ 9. The operator ensuring that the sand and gravel operation does not cause undue noise,
dust or other nuisances which may affect other land owners in the area.
10. The operator ensuring that the mining area is reclaimed in a timely manner but no
more than one year after each area is mined. The area in which stockpiles will occur
shall be reclaimed within one year of the operation being completed.
11. The operator ensuring that proper erosion measures are in place to reduce as much
as possible active erosion from disturbed areas within the subject property.
12. The operator ensuring that the site is maintained to the satisfaction of the
Development Officer.
13. The operator entering into an agreement with the land owner which details
responsibility for the satisfactory performance of the sand and gravel operator,
responsibility for reclamation of the site, dust control measures and security in an
amount and type satisfactory to the municipality. A copy of this agreement shall be
provided to the Development Officer prior to the commencement of operations
within the subject property.
Carried.
3. Permit #2272 - Pt. SE. 12-22-13-W4 -Division 3
Sinclair, Doug and Joey -Sand & Gravel Operation
Doug and Joey Sinclair were in attendance to present information on this application.
,,,.._ Moved by Councillor Douglass that we approve Development Permit Application #2272
to operate a sand and gravel operation within Pt. SE 12-22-13-W4 subject to the following
conditions:
1. This use being classified as a "Sand and Gravel Operation" being a discretionary use
within the A -Agricultural District.
2. This use complying with all Federal, Provincial and Municipal statutes, regulations,
codes and standards.
3. This use complying with the provisions of Section 49 of Land Use By-law # 1004-90
pertaining to the A -Agricultural District.
4. The development being located as shown on the site plan submitted August 15,
2001. Any permanent changes to that plan shall require the written approval of the
Development Officer.
5. This permit only being for the development of a sand and gravel operation within
the SE 12-22-13-W4M. Any additional development shall require a separate
development permit application and approval.
6. The applicant utilizing the existing approach as indicated in the site plan attached
to the development application.
7. The applicant, if required to construct a new approach to access the proposed site,
contacting the Public Works Department prior to construction to ensure that the
approach is suitably located.
8. The operator ensuring dust control measures are in place to the satisfaction of the
municipality prior to commencement of the sand and gravel operation.
August 28, 2001 Page 95
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9. The operator ensuring that the sand and gravel operation does not cause undue noise,
dust or other nuisances which may affect other land owners in the area.
10. The operator ensuring that the mining area is reclaimed in a timely manner but no
more than one year after each area is mined. The area in which stockpiles will occur
shall be reclaimed within one year of the operation being completed.
11. The operator ensuring that proper erosion measures are in place to reduce as much
as possible active erosion from disturbed areas within the subject property.
12. The operator ensuring that the site is maintained to the satisfaction of the
Development Officer.
13. The operator entering into an agreement with the land owner which details
responsibility for the satisfactory performance of the sand and gravel operator,
responsibility for reclamation of the site, dust control measures and security in an
amount and type satisfactory to the municipality. A copy of this agreement shall be
provided to the Development Officer prior to the commencement of operations
within the subject property.
14. The operation not affecting Road Plan 3211 BZ within Pt. SW 8-22-12-W4.
Carried.
4. Permit #2274 -Plan 1217 BA, Block 3, Lots 11, 12 & 13 -Division 3
Derstine, LaRay and Strubhar, Lavon -Moved-In Residence
Moved by B. M°Kellar that we approve Development Permit Application #2274 for the
relocation of a single family residence to Plan 1217 BA, Block 3, Lots 11,12 & 13 subject
to the following conditions:
1. This use being classified as a "Moved-in Building" to be used as a residence being
a discretionary use within the HR -Hamlet Residential District.
2. This use complying with all Federal, Provincial and Municipal statutes, regulations,
codes and standards.
3. This use complying with the provisions of Section 56 of Land Use Bylaw #1004-90
pertaining to the HSF- Hamlet Single Family Residential District.
4. The development being located as shown on the site plan submitted August 17,
2001. Any changes to that plan shall require the written approval of the
Development Officer.
5. This use complying with the Alberta Building Code where applicable.
6. The developer obtaining all required permits (i.e. electrical, building, heating,
ventilation, gas and plumbing) from an accredited inspection agency.
7. The developer providing, to the Development Officer, a copy of the building permit
prior to commencement of construction.
8. The developer ensuring an adequate supply of water is provided for this use.
9. The developer ensuring the proper disposal of sewage and waste from this use.
10. The developer ensuring that the property is maintained to the satisfaction of the
Development Officer.
11. The developer ensuring that construction, materials, supplies and equipment are
stored on the property and not on the public roadway.
12. The developer ensuring the continuous clean up of construction debris tracked onto
the public roadway where access is provided to the property.
August 28, 2001
Page 96
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13. The developer ensuring that the following minimum yard set-backs are maintained
for this development:
'^ Front Side Rear Flankage
7.Sm 1.Sm 3m 3m
14. This approval being granted only for the development of the relocation of a single
family residence as shown in development application #2274 to within the Plan
1217BA, Block 3, Lots 11, 12 and 13. All other development shall require separate
applications and approvals.
15. The developer ensuring the moved-in building is placed on a concrete foundation
~'~ preserved wood basement within six months following the date of approval.
16. a applicant providing, to the County, an irrevocable letter re rt o~ rm
of security to the satisfaction of the municipality in the am u t of $2,500.00 so at
in the event the residence is not placed on a concrete foundation, a wood
basement within six months, or other improvements completed within one year of
the decision date, the County may use these funds to complete these conditions. The
Irrevocable Letter of Credit or other form of security shall be provided prior to
October 1, 2001. If there is an appeal of this application, the dates will be amended
accordingly by the municipality pending the decision of the Subdivision and
Development Appeal Board or the Court of Appeal.
17. This application being subject to a site inspection conducted by the Development
Officer within four months from the date of approval to ensure that all conditions are
satisfactory to the municipality. The developer shall be responsible for arranging a
suitable date and time for this inspection.
18. The developer being responsible for all costs associated with the modification of
,r.. water and sewer services to provide service to the moved-in building. All this work
shall be to the satisfaction of the Hamlet Advisory Committee. The developer shall
also be responsible for the restoration of the street when these services are installed
to the satisfaction of the Superintendent of Public Works.
19. The developer ensuring that new siding is installed on the addition as well as the
remainder of the residence.
20. The developer ensuring that new shingles and other improvements made to the
fascia and soffit, as required, are completed to ensure the building is habitable.
21. The developer ensuring that all services to the lots shall be stubbed off, if required,
to ensure that only one service is provided to the residence.
22. The developer ensuring the relocation of the building and proposed renovations are
completed prior to September 15, 2002.
23. The developer providing to the Development Officer, prior to the relocation of the
residence, a report from a person certified in the building code requirements
identifying improvements that are necessary to the residence to ensure that it
satisfies the Alberta Building Code and Electrical Code.
Lunch
The Committee recessed for lunch from 12:05 p.m. to 1:09 p.m.
August 28, 2001 Page 97
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Permit #2274 -Plan 1217 BA, Block 3, Lots 11, 12 & 13 -Division 3
Derstine, LaRay and Strubhar, Lavon -Moved-In Residence (cont'd)
Vote on motion. Carried.
9. Home Occupation Permits
1. Home Occupation Permit #113 -Plan 9411176, Block 4, Unit 18
Christianson, Cam -Survey Company Business -Division 5
Cam Christianson was in attendance to present information on this home occupation
permit application. Moved by Councillor Vermeeren that we approve Home Occupation
Permit #113 for the operation of a survey business office from Plan 9411176, Block 4,
Unit 18 subject to the following conditions:
1. This use being classified as a "Home Occupation" being a use granted approval by
the Municipal Planning Commission at its August 28, 2001, meeting under Section
9(4) of the land use bylaw. The Planning Commission determined that, in its
opinion,
a. this home occupation 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,
b. the proposed development conforms with the use prescribed for that land or
building in the land use bylaw, and
c. the proposed development complies with any adopted statutory plans.
2. This use complying with all Federal, Provincial and Municipal statutes, regulations,
codes and standards.
3. This use not affecting the residential use of the property or adjacent properties and
area.
4. The total number ofoff--site employees, not including the occupants ofthe residence,
involved with the said occupation not exceeding two.
5. There being no outside storage of goods or materials.
6. There being no noise, vibration, smoke, dust or odours created from this home
occupation which may affect adjacent land owners or development.
7. This permit being valid until August 28, 2003, at which time it may be either
revoked or renewed by the Approving Authority.
8. This home occupation being only for a survey business office. No other home
occupation is permitted under this approval.
9. The operator providing a parking space for vehicles associated with the operation
of this business.
10. The operator providing, to the Development Officer, a letter from the Lake Newell
Resort Condominium Board approving the operation of a home business from Plan
9411176, Block 4, Unit #18, prior to September 15, 2001.
Carried.
August 28, 2001
Page 98
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Business from Minutes (cont'd)
11-1 Subdivision Application O1 NL 019 -Plan 9411167, Block 3
Shergill Construction Ltd. -Division 5
The was no further information.
Proposed Policy - RE: Town of Brooks Request for Input on Development
There was no further information.
10-2 O1 NL 021 - Pt. NW 6-18-14-W4 -Division 5
Eastern Irrigation District -Commercial Subdivision
There was no further information.
14-1 Mar, Whaley & Doug - Pt. NW & SW 22-18-15-W4
A -Agricultural District to I -Industrial District
There was no further information.
a~ ~ ~`'„ '
15-2 O1 NL 026 - Pt. NW19-16-12-W4 -Division 2
Astro Farms Ltd. -Farmstead Separation
Discussion was held on the above-noted farmstead separation.
11. Council Report
Chairman Baksa gave this report.
Business from Minutes (cont'd)
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15-2 Ol NL 026 - Pt. NW19-16-12-W4 -Division 2
Astro Farms Ltd. -Farmstead Separation (cont'd)
Moved by Councillor Vermeeren that we recommer~ t ouncil approval of Subdivision
Application O 1 NL 026 within a portion of the NW19- ~6~Z-W4, waiving Policy 2.5.4 of
the Municipal Development Plan, subject to the following conditions:
1. The applicant meeting all the requirements of the Eastern Irrigation District with
respect to the conveyance of water as well as easements to the proposed and remnant
parcels.
August 28, 2001 Page 99
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2. The applicant providing easements to franchise utilities for providing services to the
proposed and remnant parcels. The applicant may be responsible for the costs
associated with the installation, removal or modification of services.
3. All oil and gas company leases, rights-of--way, Board Orders, etc. being carried
forward, as required, when the subdivision mylar is registered at Land Titles Office.
Carried.
Home Occupations (cont'd)
2. Home Occupation Permit #11.4 -Plan 9611766, Block 3, Lot 1
Walimaa Judy -Massage Therapy &Cranio Sacral Therapy -Division 10
Moved by Councillor Vermeeren that we approve Home Occupation Permit #114 for the
operation of a massage therapy and Cranio sacral therapy business at Plan 9611766, Block
4, Lot 1 subject to the following conditions:
1. This use being classified as a "home occupation" being a discretionary use within
the CR -Country Residential District. Approval for this home occupation was
granted at the August 28, 2001, Municipal Planning Commission meeting.
2. This use complying with all Federal, Provincial and Municipal statutes, regulations,
codes and standards.
3. This use not affecting the residential use of the property or adjacent properties and
area.
4. The total number ofoff--site employees, not including the occupants of the residence,
involved with the said occupation shall not exceed two.
5. There being no outside storage of goods or materials.
6. There being no noise, vibration, smoke, dust or odours created from this home
occupation which may affect adjacent land owners or development.
7. This permit being valid until August 28, 2003, at which time it may be either
revoked or renewed by the Approving Authority.
8. This home occupation being only for a massage therapy and Cranio sacral therapy
business. No other home occupation is permitted under this approval.
9. The operator providing a parking space for vehicles associated with the operation
of this business.
10. The operator providing, to the Development Officer, a letter from the land owner
approving the use of the residence for a home occupation business. This must be
provided to the Development Officer prior to September 15, 2001.
11. The operator reviewing the operation with the Public Health Authority prior to the
operation commencing to determine if any health related matters must be addressed
by the applicant.
12. No more than two clients attending the residence at any one time during the period
of approval.
13. Any therapist practising under this home occupation permit must be accredited by
the appropriate Provincial body.
Carried.
August 28, 2001
Page 100
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Business from Minutes (cont'd)
''' 15-5 Ol NL 027 - W %i 22-18-15-W4 -Division 5
Mar Whalev & Doug -Industrial Subdivision
The Planner reported that this application has been withdrawn.
12. Subdivisions
There were no subdivision applications.
13. Development Resort -July 26, 2001 to August 22, 2001
The Development Report for July 26, 2001 to August 22, 2001 was presented to the
Commission. Moved by B. M°Kellar that we approve this report. Carried.
14. Correspondence
1. Town of Brooks -Subdivision Application 2001 SUB 10
Plan 9212039, Block 5, Lot 6
,^ A letter from the Town of Brooks, regarding Subdivision Application 2001 SUB 10, was
presented to the Commission. A letter will be sent to the Town of Brooks stating that we
have no objections to this subdivision application.
2. Oldman River Intermunicipal Service Agency -Subdivision in M.D. of Taber
A letter from the Oldman River Intermunicipal Service Agency, regarding a subdivision
application in the M.D. of Taber, was presented to the Commission. A letter will be sent
to the Oldman River Intermunicipal Service Agency stating that we have no objections
to this subdivision application.
15. Land Use Changes
1. Evergreen Implements Ltd. -Plan 9710617, Block 2, Plan 9810587, Block 3
Pt. NE 18-19-14-W4 - A -Agricultural District to I -Industrial District -Division 10
Jerry Martin, of Evergreen Implements Ltd., was in attendance to present information on
this application. Moved by J. Doerksen that we recommend to Council that consideration
be given to a bylaw to amend the lands legally described as Plan 9710617, Block 2 and
Plan 9810587, Block 3 within the NE 18-19-14-W4 from A -Agricultural District to I -
Industrial District. Carried.
August 28, 2001 Page 101
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16. Other Business
There were no items of Other Business.
17. Post Agenda Items
1. Response to Subdivision & Development Appeal Board
Development Permit Application #2211 -Intensive Livestock Operation
Pt. NE 26-19-14-W4 -Division 10
The Planner presented to the Commission, a package of information that was before the
Commission for their review when considering Development Permit Application #2211
for an Intensive Livestock Operation within a portion of NE 26-19-14-W4. This
information will be forwarded to the Subdivision and Development Appeal Board
members and to the lawyers involved in the appeal.
2. Permit #2226 -Plan 9612460, Block 2, Lot 1, Pt. NW 3-19-14-W4
Boyd, Dennis -Oversized Accessory Building, -Division 10
Moved by Councillor Douglass that we approve Development Permit Application #2226
for an oversized accessory building within Plan 9612460, Block 2, Lot 1 subject to the
following conditions:
1. This use being 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
August 28, 2001 meeting.
2. This use complying with all Federal, Provincial and Municipal statutes, regulations,
codes and standards.
3. This use complying with the provisions of Section 52 of Land Use Bylaw #1004-90
pertaining to the CR2 -Country Residential 2 District.
4. The development being located as shown on the site plan submitted May 16, 2001.
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.
5. This permit being for the construction of an accessory building within Plan 9612460,
Block 2, Lot 1 as approved at the Municipal Planning Commission meeting of
August 28, 2001. Any additional development shall require a separate development
permit application and approval.
6. This use complying with the Alberta Building Code where applicable.
7. The developer being responsible for obtaining all required permits (i.e. building,
electrical, plumbing, heating and ventilation) from an accredited inspection agency.
8. The developer providing, 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.
August 28, 2001 Page 102
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9. The developer ensuring that the proposed development complies with the following
minimum setback requirements or as varied by the Municipal Planning Commission:
~'"' Front Side Flankage Rear
*40 m S m *40 m 7.5 m
*Minimum yard distance from the centre of a County Road.
10. The developer ensuring that the property is maintained to the satisfaction of the
Development Officer.
11. The developer ensuring that construction materials, supplies, equipment aze stored on
the property.
12. The developer ensuring the continuous clean-up of construction debris tracked onto the
public roadway where access is provided to the property.
13. The developer ensuring the accessory building satisfies the following unless as
otherwise varied by the Municipal Planning Commission at its August 28, 2001,
meeting:
• Does not exceed 7.0 m in height from the foundation to the roof peak;
• Does not exceed 126 m2 or 1352 ft z 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. The developer ensuring that the accessory building is sided in the same or similaz
material and colour as the principal building on the property or to the satisfaction of the
Development Officer.
15. The developer not storing material within the building related to a 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.
16. The developer ensuring that the building is not located on any easements or utility
rights-of--ways occupying this property. The developer shall review this
development with each company which has an instrument on title pertaining to an
easement or utility rights-of--ways that maybe affected by it.
Carried.
3. O1 NL 028 - Pt. SW 10-19-14-W4 -Division 10
Johnson. Neil -Residential Subdivision
Moved by J. Doerksen that we recommend to Council approval of Subdivision
Application O1NL 028 for a residential subdivision within a portion of the SW 10-19-14-
W4 subject to the following conditions:
1. The applicant entering into a development agreement for the development of this
subdivision as identified under Section 655 of the Municipal Government Act. The
preparation and registration of the agreement will be at the cost of the applicant.
2. The existing deferred reserve caveat identified as instrument 971 253 422 being
discharged and that amount of land utilized for the open space identified in the
Johnson Farms Area Structure Plan between the irrigation reservoir and proposed
parcels one to five.
August 28, 2001 Page 103
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3. The applicant being responsible for providing a six metre wide strip of land adjacent
to the irrigation reservoir as environmental reserve in the form of an environmental
reserve easement to be registered on title. The applicant will be responsible for the
continued maintenance of these lands unless deferred to the homeowners
association.
4. The applicant being responsible for establishing a home owners association to be
responsible for the maintenance ofwater lines, open space and other related matters.
This association shall be established before the endorsement of the subdivision plan
by the municipality and may include the existing subdivisions within the SW 10-19-
14-W4M.
5. The applicant providing a drainage and grading plan for this development area
before individual development permits will be issued by the municipality. This plan
is to be to the satisfaction of Alberta Environment and the County of Newell.
6. The applicant being responsible for providing a lot numbering system in accordance
with County policy for the existing and proposed subdivision within the SW 10-19-
14-W4M. This will be provided prior to the endorsement of the subdivision plan by
the municipality. The applicant will also be responsible for providing subdivision
identifiers to the satisfaction of the County at the beginning of each of the existing
subdivisions to identify access roads into the Johnson Farms' subdivision.
7. The applicant, if necessary, terminating the irrigable units applicable to the
subdivided area. The applicant may also need to enter into agreements for the
delivery of water to the proposed lots which may include easements.
8. The applicant being responsible for the cost associated with the provision of
franchise utilities to this subdivision as well as the provision of easements to the
satisfaction of each service company.
9. The applicant being responsible for ensuring that existing oil and gas company
instruments are carried forward at the time of registration of the subdivision plan
with the Land Titles Office.
Carried.
4. Development Permit Application #2278 -Plan 8310515, Block 2, Lot 3 -Division 10
Cozac Holdings Ltd. -Proposed Addition to Industrial Building
Moved by Councillor Vermeeren that we approve Development Permit Application #2278
for an addition to an industrial building located on Lot 3, Block 2, Plan 8310515 subject
to the following conditions:
1. This use being classified as an "Addition to an Existing Building" being a
discretionary use within the I -Industrial District.
2. This use complying with all Federal, Provincial and Municipal statutes, regulations,
codes and standards.
3. The proposed development being located as shown on the site plan submitted
August 27, 2001. Any changes to this plan shall require the written approval of the
Development Officer.
4. The proposed development complying with Section 54 of the County of Newell
Land Use By-law # 1004-90 being the I -Industrial District, except as varied by the
Municipal Planning Commission at its August 28, 2001, meeting.
August 28, 2001 Page 104
L~
5. The developer ensuring that the proposed addition to the existing building maintains
the following setbacks:
.~-
Front Side Flankage Rear
7.Sm* 3m 7.Sm* 3m
*From property line unless adjacent to County road in which case the minimum
setback shall be 40 m from the centre line of that road.
6. This use complying with the Alberta Building Code, where applicable.
7. The developer being responsible for obtaining all required permits (i.e., building,
electrical, plumbing, heating, ventilation and gas) from an accredited inspection
agency."
8. The builder being responsible for providing a copy of a building permit obtained
from one these agencies to the Development Officer prior to the commencement of
construction.
9. The developer ensuring that access can be provided for Emergency Services vehicles
to three sides of the building.
10. The developer being responsible for the relocation or modification of franchise
utilities required for the proposed development.
11. The developer ensuring that the site is graded so that storm water does not drain onto
adj oining properties. The developer shall ensure that all drainage from the accessory
building is directed onto Plan 8310515, Block 2, Lot 3, and not the road allowance
or other properties.
12. The developer ensuring the property is maintained to the satisfaction of the
Development Officer.
,~ 13. The developer ensuring that construction materials, supplies and equipment are
stored on the property and not the public roadway.
14. The developer ensuring the continuous clean-up ofconstruction debris trucked onto
the public roadway where access is provided to the property.
15. This development approval being granted only for the addition to the existing
building within Plan 8310515, Block 2, Lot 3. Any other improvements shall require
separate development applications and approvals.
16. The developer ensuring that the facing material of the accessory building is the same
or similar in nature and colour to the proposed addition and existing building.
17. The developer complying with the Alberta. Fire Code . The developer shall contact
Mr. Denis Cunninghame, 362-2331, Division 5 Fire Chief, to determine
requirements, if any, under this Provincial code for the addition.
Carried.
5. In Camera Session
The in camera session was held after the adoption of the agenda.
10. Question Period/Notice of Motion
A question period was held.
August 28, 2001 Page 105
G
11. Information Items
1. Response to Town of Brooks -Subdivision Application 2001 SUB 010
2. Response to E.I.D. -Subdivision Application O1 NL 021
3. Response to Jeet Shergill -Subdivision Application O1 NL 019
Business from Minutes (cont'd)
7-1 Permit #2248 - W'/2 18-18-13-W4 -Division 2
The Canadian Pheasant Com~anv Intensive Livestock Operation (cont'd)
Moved by J. Doerksen that we approve Development Permit Application #2248for an
Intensive Livestock Operation for raising pheasants subject to the following conditions:
1. This use being classified as an "Intensive Livestock Operation" being a discretionary
use within the A- Agricultural District.
2. This use complying with all Federal, Provincial and Municipal statutes, regulations,
codes and standards.
3. The proposed development shall being located as shown on the site plan submitted
June 27, 2001. Any change to this site plan after approval has been given by the
Municipal Planning Commission shall require the written authorization from the
Development Officer.
4. This approval being valid for acing-necked pheasant hatchery with a capacity of
100,000 pheasants 8 weeks or older. The operator shall provide written evidence that
this number is in compliance when requested by the Development Officer. At no
time shall more than 100,000 pheasants 8 weeks or older be confined within this
development at one time. Any increase over the approved total shall require a
separate development permit application and approval.
5. The operator ensuring access to 114 ha (281 acres) of cultivated cropped dryland or
57 ha (141 acres) of imgated cultivated land. The developer shall initiate a manure
nutrient management program which will ensure that the soil nutrient levels in the
land base are monitored and not allowed to become excessive. The developer shall
also ensure that the above number of hectares are made available throughout the
time this operation is in existence. If this cannot be provided, the operator shall be
responsible for obtaining written agreements from land owners who can provide
suitable land for manure application. A copy of this agreement shall be provided to
the Development Officer. Such agreement shall be subject to the Code Of Practice.
The land base shall be fully utilized. A copy of any land agreements required to
dispose of manure from this operation shall be forwarded to the Development
Officer prior to September 1, 2001.
6. The manure being incorporated into the soil within 48 hours of application and
follow the Code of Practice unless as otherwise provided in the Code. No manure
shall be applied over frozen or snow-covered soils. Due concern and consideration
shall be exercised when spreading manure on lands near neighbouring residences by
maintaining an adequate separation distance.
7. The applicant providing, to the Development Officer's satisfaction, a manure
management plan which includes the following:
August 28, 2001
Page 106
• Volumes of manure produced on an annual basis;
• A cropping plan with expectations of amounts of nutrients to be utilized;
'" Amount of owned lands available for manure utilization;
• Number of acres required;
• Specific landowners willing to accept manure (if necessary);
• Location of owned and non-owned lands where manure spreading will occur (if
necessary);
• Commitment to follow the Code of Practice in regards to the spreading of
manure from both the applicants and additional land owners (if required).
Due care and consideration shall be utilized when spreading manure on lands near
neighbouring residences by maintaining adequate separation distance. All
waterways on lands utilized for manure spreading should be protected from
contamination by manure and/or run off from manure by maintaining an adequate
separation distance from these areas. The separation distance will be dependent on
the soil, slope and management practices on the land. It is recommended, however,
that a distance of not less than 30 m (100 ft) shall be utilized when manure is applied
to land where open bodies of water or wells occur.
8. The operator providing a written record annually, to the Development Officer on a
date which is mutually agreeable between both, which contains the following:
1. The legal land location of each field on which manure is applied;
2. Size of each field;
3. Date when the manure from the operation applied;
4. Volume or weight of manure applied to each field; and,
5. Results of soil sampling of land prior to applying manure
~,, 9. All surface water drainage from the proposed site being contained on the subject
property and be prevented from contaminating surface or ground water. Any surface
runoff from the proposed facility which may come into contact with manure shall
be contained and prevented from contaminating surface or ground water.
10. The developer ensuring that any water which is to used in this development is
licenced under the terms of the Water Act administered by Alberta Environment
unless otherwise provided by the Town of Brooks. Where water is required from
the Eastern Irrigation District, the developer shall be responsible to enter into a
household purposes agreement unless the amount required exceeds the limit outlined
in the Irrigation Districts Act for household purposes. If this occurs, the developer
shall apply for a water diversion license with Alberta Environment.
11. The applicant ensuring that the proposed configuration of the ILO operation will
satisfy the requirements for Category 1 and 2 of the Minimum Separation Distance.
The MDS requirement fora 100,000 pheasant hatchery for Category 1 is 170 m (558
ft) and Category 2, 226 m (741 ft). The applicant shall be required to provide
written evidence to the satisfaction of the municipality which demonstrates that the
MDS requirement is satisfied with the proposed configuration.
August 28, 2001 Page 107
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12. The developer undertaking a soil sampling program to be completed prior to April
30, 2002 within the flight pens to review soil fertility levels. At a minimum Nitrate -
N levels will be sampled from the 0 -15 cm soil horizon, the 15 -30 cm soil horizon
and the 30 -60 soil horizon. The sampling program shall be to the satisfaction of
Alberta Agriculture, Food and Rural Development. The developer shall be
responsible for meeting with Alberta Agriculture staff prior to November 1, 2001,
to discuss the sampling program and requirements under that program.
The developer shall ensure the manure is stockpiled in a manner which ensures
that the same short-term solid manure storage site is not utilized more than six
months every three years. Any solid manure storage site shall be located and
operated in accordance with Section 2.2 (Solid Manure -Short-Term Manure
Storage) of the Code of Practice.
The developer shall ensure litter is removed promptly from barns after every
flock. All barns and equipment shall be washed and disinfected after every flock.
The developer shall ensure all water leaks are promptly corrected. The developer
shall ensure that the barn ventilation system is properly operated and maintained.
13. The developer continuing to incinerate as a method of dead animal disposal. The
incinerator shall be maintained in excellent operating condition. The developer shall
ensure that all unburnable material is to be properly stored and disposed of in an
acceptable manner.
14. The developer ensuring that on site manure storage within the pheasant barns is
maintained to ensure no leaching occurs either into surface water or ground water.
The cement floor in the pheasant barns shall be maintained on an ongoing basis to
ensure no leaching of manure runoff into surface water or ground water.
15. The developer ensuring that liquid manure is stored within the existing lagoons. If
improvements are required to these lagoons, an engineer shall be responsible for
reviewing and certifying the design and construction of a new lagoon. A completion
certificate shall be prepared by a licenced engineer certified in that discipline.
16. This use conforming to Section 49 of the County of Newell Land Use By-law
#1004-90 being the A -Agricultural District.
17. All structures and buildings being located a minimum of 40 m from the centre line
of the County road.
18. The developer ensuring the property is maintained to the satisfaction of the
Development Officer.
19. The developer arranging, within one year from the date of approval, a site review by
the County of Newell, Alberta Agriculture and Palliser Health Authority to assess
completion and compliance status of the development.
Moved by Councillor Vermeeren that we table this motion. Carried.
Administration was directed to obtain a map showing the relationship between this
proposed ILO and the Urban Fringe to be presented at the next meeting.
August 28, 2001
Page 108
14-2 Dola, Dale - Pt. SE & SW 2-19-14-14-W4 -Division 10
OF -Urban Fringe District to LI -Light Industrial District (cont'd)
Chairman Baksa declared a pecuniary interest in this item and left the Council Chambers.
Vice-Chairman Doerksen assumed the chair.
Moved by Councillor Vermeeren that we recommend to Council that consideration be
given to first reading of a bylaw amending the Land Use Bylaw to change a portion of the
SE and SW 2-19-14-W4 from OF -Urban Fringe District to DC -Direct Control District
as shown in the plan received July 26, 2001 and that this district not come into affect until
such time as a subdivision plan is registered at Land Titles Office for the proposed
amended property; and, development approval is granted by the municipality for the
operation of a livestock transport business within this portion of the SE and SW 2-19-14-
W4. Moved by Councillor Douglass that we table this motion. Carried.
20. Adjourn
Moved by Councillor Vermeeren that the meeting adjourn at 4:30 p.m. Carried.
~~
C AIRMAN
C~~lri
ADMINISTRATOR
August 28, 2001 Page 109