HomeMy WebLinkAbout2002-08-21 Municipal Planning Commission (Regular) MinutesC,~
County of Newell No. 4
Minutes of Municipal Planning Commission Meeting
'~ August 21, 2002
The regular Municipal Planning Commission Meeting of the County of Newell No.4 was held
in the County Office at Brooks, AB on Wednesday, August 21, 2002 commencing at 10:00 a.m.
Members Present Chairman C. Baksa
Councillor G. Musgrove
Representative B. M`Kellar
Planner M. Cui
Development Control Officer P. Urban
Administrator A. Martens
Recording Secretary P. Garrett
1. Call to Order
The Chairman called the meeting to order at 10:00 a.m.
2. Excused from Meeting
Moved by Councillor Musgrove that R. Steinbach and M. Loewen be excused from this meeting.
~- Carried.
3. Minutes
1. June 25.2002 - Regular Meetin¢
Minutes of the June 25'x, 2002 regular meeting were presented to the Commission. Moved by
B. M`Kellar that we adopt these minutes as presented. Carried.
2. June 27.2002 -Special Meeting
Minutes of the June 27~`, 2002 special meeting were presented to the Commission. Moved by
Councillor Musgrove that we adopt these minutes as presented. Carried.
4. Call for Post Agenda Items
The Chairman called for post agenda items.
August 21, 2002 Page 73
Adoption of A eg nda
Moved by B. M`Kellar that the agenda be adopted as amended. Carried.
Business from Minutes
1. O1 NL 021 - Pt. NW 6-18-14-W4 -Division 5
Eastern Irrigation District -Commercial Subdivision
Jon Nesbitt and Ray Juska were in attendance to present information on this subdivision
application. Moved by B. M°Kellar that we recommend to Council approval of Subdivision
Application O l NL 021 for a Commercial Subdivision within a portion of the NW 6-18-14-W4
subject to the following conditions:
1. Approval of a text amendment to Land Use Bylaw 1004-90 to add "storage yard" to
discretionary uses in the RC -Resort Commercial District.
2. The applicant entering into an agreement with the County of Newell for construction and/or
upgrading of road approaches to the proposed and remnant parcels as required by the Public
Works Department.
3. The dedication of land for the development of a road to the subject property thereby
eliminating the panhandle of the subdivision.
4. The registration of a deferred municipal reserve caveat against the remnant parcel. The
amount of the municipal reserve required will be calculated at the time the applicant
provides a plan of subdivision to the municipality for endorsement.
5. 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. _
6. 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.
7. All outstanding municipal taxes being paid prior to endorsement.
Carried.
2. Ol NL 031 - Pt. SW 22-20-13-W4 -Division 3
Eastern Irrigation District -Waste Transfer Station
Ray Juska, of the Newell Regional Solid Waste Management Authority Ltd., was in attendance
to present infonmation on this subdivision application. Moved by B. M`Kellar that we
recommend to Council approval of Subdivision Application O 1 NL 031 to subdivide a two acre
parcel within a portion of the SW 22-20-13-W4 to allow for the future development of a waste
transfer station subject to the following conditions:
1. The applicant entering into an agreement with the County ofNewell for construction and/or
upgrading of road approaches to the proposed and remnant parcels as required by the Public
Works Department.
2. The applicant meeting all requirements of the Eastern Irrigation District with respect to the
conveyance of water as well as easements.
3. 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.
August 21, 2002
Page 74
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4. 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.
5. All outstanding municipal taxes being paid prior to endorsement.
6. Aland use change for the subj ect property from A - Agricultural to P-WTS -Public -Waste
Transfer Site District.
Councillor Musgrove requested a recorded vote.
For Councillor Baksa
B. M`Kellar
Against Councillor Musgrove
Carried.
3. Eastern Irrigation District - Pt. SW 22-20-13-W4 -Division 3
A -Agricultural to P-WTS -Public -Waste Transfer Site District
Ray Juska, of the Newell Regional Solid Waste Management Authority Ltd., was in attendance
to present information on this land use change request. Moved by B. M`Kellar that we
recommend to Council that consideration be given to first reading of a bylaw to re-designate a
two acre portion of the SW 22-20-13-W4 from A -Agricultural District to P-WTS -Public -
Waste Transfer Site District.
Councillor Musgrove requested a recorded vote.
For Councillor Baksa
B. M`Kellar
Against Councillor Musgrove
Carried.
4. O1 NL 034 - Pt. NE 1-18-15-W4 -Division 5
Zadi Investment Ltd. -Create 26 Lots for Multiple Unit Housing
There was no further information on this item.
5. Zadi Investments Ltd. -Lake Newell Resort Area Structure Plan -Division 5
There was no further information on this item.
6. Text Amendment to Land Use Bvlaw
Moved by B. M`Kellar that we recommend to Council that first reading be given to a bylaw
amending Land Use Bylaw #1004-90 by adding the following to Section 51.1:
Mobile Home*
* Restricted to mobile homes two years old or less within Johnson Estates subdivisions (Plans
9011761, 9512203, 9611766, 9711628, 0011770 and 0211723) and all future phases in the
Johnson Farms Area Structure Plan and amendments thereto.
Carried.
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August 21, 2002 Page 75
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7. Council and S.D.A.B. Report
The Administrator gave this report.
8. Development Report June 20 2002 - August 09, 2002
Moved by B. M°Kellar that we accept the Development Report. Carried.
Correspondence
1. Mara Baksa Marg's Country Cuts -Home Occupation Permit #105 -Renewal
Jim Baksa was in attendance to present information on this item. A letter from Marg Baksa,
regarding a $200 penalty for the late application of a home occupation permit renewal, was
presented to the Commission. Moved by Councillor Musgrove that, in the future, a Home
Occupation Permit Certificate, including expiry date, be included with the approval letter.
Carried.
2. Town of Brooks -Amendments to 2002 ASP 04 & 2002 LUB 009
A letter from the Town of Brooks, requesting comments on the above-noted applications, was
presented to the Commission. The Commission had no objections to the proposal.
3. Town of Brooks - Reauest for Comments - 2002 SUB 08
A letter from the Town of Brooks, requesting comments on Subdivision Application 2002 SUB
08, was presented to the Commission. The Commission had no objections to the proposal.
4. Town of Brooks -Request for Comments - 2002 SUB 09
A letter from the Town of Brooks, requesting comments on Subdivision Application 2002 SUB
09, was presented to the Commission.
10. Development Permits
1. Permit #2354 -Plan 9810148, Block 3 (Pt. N 32-18-15-W4) -Division 5
Rose Lavern - MPC's Consideration -Granting Variance to Condition #13
Moved by B. M`Kellar that Condition #13 of Development Permit #2354 be deleted. Carried.
August 21, 2002
Page 76
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2. Permit #2399 -Plan 7910803, Block 1, Lot 3 (SW 8-19-14-W4) -Division 10
Applicant -Travis, Hazold & Julie (Owner Westwood, James & Carol)
~ Moved in Building~(Nelson Home - Ready to Move)
It is the Commission's opinion that this home is a single family dwelling therefore it is a permitted
use and can be processed by the Development Officer.
3. Permit #2401 -Plan 9612160, Block 1 (SE 1-20-15-W4) -Division 8
Applicant -Fewer, Patrick and Draper, Greg & Clarice
(Owner -Wall, Cornelius & Maria) -Temporary Storage of Moved In Building
Moved by Councillor Musgrove that this item be postponed until the September 2002 MPC meeting
to allow the Development Officer to take internal and external pictures of the subject building and
that if the owners do not consent to the taking of these pictures by the September 2002 MPC
meeting, that a stop order be issued for this development. Carried.
4. Permit #2402 - NE 23-20-14-W4 -Division 8
Applicant -Doug Symon (Owner - Rommens, Hubert & Patricia and Rommens, Walter)
Construct Guyed 42m Communications Tower
Moved by Councillor Musgrove that we approve Development Permit Application #2402 for the
construction of a guyed 42 m communications tower to be located within the NE 23-20-14-W4
subject to the following conditions:
r- 1. This use being classified as a "Telecommunications Tower" being a discretionary use within the
A-Agricultural District. The Municipal Planning Commission grants approval under the clause
"other uses of a similaz nature as approved by the Municipal Planning Commission". This is
deemed to be similaz to "Public and Quasi-Public Buildings and Uses".
2. This use complying with all Federal, Provincial and Municipal statutes, regulations, codes and
standazds.
3. This use complying with the provisions of Section 49 of Land Use Bylaw # 1004-90 pertaining
to the A-Agricultural District.
4. The developer obtaining all required permits (i.e., electrical, building, heating, ventilation, gas
and plumbing) from an accredited inspection agency.
5. The developer providing to the Development Officer a copy of the building permit issued by a
licensed, accredited building inspection agency for the County of Newell prior to the
commencement of construction.
6. The developer ensuring that the property is maintained to the satisfaction of the Development
Officer.
7. The developer ensuring all construction materials, supplies and equipment are stored on the
property and not on the public roadway.
8. The developer ensuring the following minimum yazd setback is maintained for the development
of an accessory building:
Front Side Rear
*40 metres **3 metres **7.5 metres
* From centre line of a public roadway
** From the property line.
August 21, 2002 Page 77
9. The developer ensuring suitable fencing is provided to prevent unauthorized entry into the
ancillary building and communication tower.
10. The developer entering into a road approach agreement with the County of Newell for the
installation of an approach to the NE 23-20-14-W4 and to construct the approach to the
satisfaction of the Public Works Department. The developer shall contact Mr. Earl Somerville,
Superintendent of Public Works, at 362-3266, to determine the most suitable location for an
approach to this development, if required.
11. The developer ensuring the construction of the communication tower within the NE 23-20-14-
W4 does not impede access into other areas of the quarter within the subject property.
12. The developer ensuring that the tower is lit with strobe lighting acceptable to Transport Canada
regulations to ensure high visibility to low flying aircraft for day and night time operations. The
strobe lighting shall be installed midway up the tower and at the top of the tower.
13. The developer ensuring this development shall be located as shown on the site plan submitted
August 1, 2002. Any changes to that plan shall require the written approval of the Development
Officer.
14. This development being for the construction of a telecommunications tower and ancillary
building within NE 23-20-14-W4. Any additional development shall require a separate
development permit application and approval.
15. All costs with respect to the maintenance of the access road are the responsibility of the
developer.
Carried.
5. Permit #2403 - NE 17-23-16-W4 -Division 9
Applicant -Doug Symon (Owner - Doerksen, Arno)
Construct Self Sunnorting_41m Communications Tower
Moved by B. M`Kellar that we approve Development Application #2403 for the construction of a
self supporting 41 m communications tower to be located within the NE 17-23-16-W4 subject to the
following conditions:
1. This use being classified as a "Telecommunications Tower" being a discretionary use within the
A-Agricultural District. The Municipal Planning Commission grants approval under the clause
"other uses of a similar nature as approved by the Municipal Planning Commission". This is
deemed to be similar to "Public and Quasi-Public Buildings and Uses".
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 Bylaw #1004-90 pertaining
to the A-Agricultural District.
4. The developer obtaining all required permits (i.e., electrical, building, heating, ventilation, gas
and plumbing) from an accredited inspection agency.
5. The developer providing to the Development Officer a copy of the building permit issued by a
licensed, accredited building inspection agency for the County of Newell prior to the
commencement of construction.
6. The developer ensuring that the property is maintained to the satisfaction of the Development
Officer.
7. The developer ensuring all construction materials, supplies and equipment are. stored on the
property and not on the public roadway.
8. The developer ensuring the following minimum yard setback is maintained for the development
of an accessory building:
August 21, 2002 Page 78
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Front Side Rear
*40 metres **3 metres **7.5 metres
* From centre line of a public roadway
** From the property line.
9. The developer ensuring suitable fencing is provided to prevent unauthorized entry into the
ancillary building and communication tower.
1'0. The developer entering into a road approach agreement with the County of Newell for the
installation of an approach to the NE 17-23-16-W4 and to construct the approach to the
satisfaction of the Public Works Department. The developer shall contact Mr. Earl Somerville,
Superintendent of Public Works, at 362-3266, to determine the most suitable location for an
approach to this development, if required.
11. The developer ensuring the construction of the self supporting communication tower within the
NE 17-23-16-W4 does not impede access into other areas of the quarter within the subject
property.
12. The developer ensuring that the tower is lit with strobe lighting acceptable to Transport Canada
regulations to ensure high visibility to low flying aircraft for day and nighttime operations. The
strobe lighting shall be installed midway up the tower and at the top of the tower.
13. The developer ensuring this development shall be located as shown on the site plan submitted
August 1, 2002. Any changes to that plan shall require the written approval of the Development
Officer.
14. This development being for the construction of a telecommunications tower and ancillary
building within NE 23-20-14-W4. Any additional development shall require a separate
development permit application and approval.
15. All maintenance of the access road andturn-around area are the responsibility of the developer.
Carried.
.-
Lunch
The Commission recessed for lunch from 12:00 noon to 12:47 p.m.
6. Permit #2404 -Plan 8210607, Block 1, Lot 1 (NE 24-17-14-W4) -Division 2
Baynham, Tara -Moved in Building With Deck & Detached Garage
Moved by Councillor Musgrove that we approve Development Permit Application #2404 for a
moved in building with deck and detached garage to be located on Plan 8210607, Block 1, Lot 1
within the NE 24-17-14-W4) subject to the following conditions:
1. This use being classified as a "Moved In Building" being a discretionary use and an "Accessory
Building" being a permitted use within the CR -Country 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 51 of Land Use Bylaw #1004-90 pertaining
to the CR -Country Residential District.
4. The development being located as shown on the site plan submitted August 6`~, 2002. 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 building inspection agency.
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August 21, 2002
Page 79
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7. The developer providing the Development Officer with a copy of the building permit issued by
a licensed accredited building inspection agency.
8. The developer providing the Development Officer with a copy of the Demolition Permit issued
by a licensed accredited building inspection agency.
9. The developer ensuring that an adequate supply of water is provided for this use.
10. The developer ensuring the proper disposal of sewage and waste from this use.
11. The developer ensuring that the property is maintained to the satisfaction of the Development
Officer.
12. The developer ensuring that construction materials, supplies and equipment are stored on the
property and not on the public roadway.
13. The developer ensuring the continuous cleanup of construction debris tracked onto the public
roadway where access is provided to the property.
14. The developer ensuring that the following minimum yard setback is maintained for the
development from the property line to the foundation:
Front Side Rear
*40 m ** 1.5 m **7.5 m
* Minimum distance from centre of any public roadway.
** Minimum distance from property line.
15. This permit being only for the development of a moved in building with a deck and the
construction of detached garage on Plan 8210607, Block 1, Lot 1(within the NE 24-17-14-W4).
Any additional development shall require prior approval of a separate permit application.
16. The developer ensuring the moved in building is placed on a concrete foundation or preserved
wood or concrete basement within six months following the date of approval.
17. The developer ensuring that the siding of the detached garage is the same as, or consistent with,
the moved in building.
18. The removal of four accessory buildings with the developer ensuring that the remaining _
accessory building be painted or sided consistent with the proposed development.
19. The developer ensuring the non-habitable dwelling is not used for living purposes.
20. The developer ensuring the non-habitable dwelling is removed within one year following the
date of approval.
21. The developer entering into an agreement with the County of Newell for the installation of a
road approach to the property located at Plan 8210607, Block 1, Lot 1(within the NE 24-17-14-
W4). The developer shall contact Mr. Earl Somerville, Superintendent of Public Works, at 362-
3266, to determine the most suitable location for an approach to this development.
Carried.
7. Permit #2405 -Plan 9311397, Block 1 (SE 15-18-14-W4) -Division 5
R M U Resources Ltd Mitchell. Lorne -Two Moved In Buildings
Moved by B. M`Kellar that we refuse Development Permit Application #2405 for two moved in
buildings to be located on Plan 9311397, Block 1 (within the SE 15-18-14-W4) because Land Use
Bylaw #1004-90 states that anon-conforming use of part of a lot shall not be extended or transferred
in whole or part to any other part of the lot and no additional buildings shall be erected upon the lot
while the non-conforming use continues. Carried.
August 21, 2002 Page 80
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Moved by Councillor Musgrove that the Municipal Planning Commission hold a retreat, with a
facilitator, to establish guidelines with regard to development issues. Carried.
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8. Permit #2406 -Plan 7910803, Block 1, Lot 2 (SW 8-19-13-W4) -Division 10
McLaughlin, Murray & Aeblv. Eileen -Moved in Building
It is the Commission's opinion that this home is a single family dwelling therefore it is a permitted
use and can be processed by the Development Officer.
11. Home Occupation Permits
1. Home Occupation Permit #127 -Plan 7410106, Block 3 (SE 3-19-14-W4) -Division 10
Moore, Robert - Skyline Picker Truck Service -Rental of Portion of Existing Shop
Moved by Councillor Musgrove that we deny Home Occupation Permit Application #127 as this
application does not comply with the definition of a home occupation which is an occupation, trade
or craft carried on by the occupant(s) of a dwelling as a use secondary to the residential use of a
building, there shall be no more than three vehicles associated with an approved commercial or light
industrial Home Occupation on a country residential parcel and there shall be no more than two off-
site employees. Carried.
2. Home Occupation Permit #128 - NE 5-15-13-W4 -Division 1
~-- Schuett, Richard & Diana -Construction Contractor
Moved by B. M`Kellar that we approve Home Occupation Permit Application #128 for a
Construction Contracting Business to be operated from the NE 5-15-13-W4 subject to the following
conditions:
1. This use being classified as a "Home Occupation" 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 Bylaw #1004-90 pertaining
to the A-Agricultural District.
4. The developer ensuring this use shall not affect the residential use of the property or adjacent
properties in the area.
5. The developer ensuring the total number of off-site employees involved with the said home
occupation (not including the occupants of the residence) shall not exceed two.
6. One commercial vehicle being permitted in connection with the proposed home occupation and
one off-street parking stall being provided for the same.
7. The developer ensuring that there is no outside storage of goods or materials on this parcel.
8. The developer ensuring no noise, vibration, smoke, dust or odours are created from this home
occupation, which may affect adjacent landowners or development.
9. The developer ensuring that there is an adequate supply of water for fire suppression with this
home occupation.
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August 21, 2002 Page 81
10. This home occupation permit being valid for a time period until December 31, 2003, at which
time it may be either revoked or renewed by the Municipal Planning Commission for another
year. Renewal of this permit shall be subject to the applicant's performance during that time
period. The applicant shall be responsible for re-applying one month before the expiry date.
11. This home occupation permit being granted solely for a Construction Contractor on the NE 5-15-
13-W4.
Carried.
3. Home Occupation Permit #129 - SW 26-14-13-W4 -Division 1
Zahenaiko. David -Custom Cabinet Maker
Moved by Councillor Musgrove that we approve Home Occupation Permit Application #129 for a
Custom Cabinet Making Business to be operated from the SW 26-14-13-W4 subj ect to the following
conditions:
1. This use being classified as a "Home Occupation " 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 Bylaw #1004-90 pertaining
to the A-Agricultural District.
4. The developer ensuring this use shall not affect the residential use of the property or adjacent
properties in the area.
5. The developer ensuring the total number of off-site employees involved with the said home
occupation (not including the occupants of the residence) shall not exceed two.
6. Two commercial vehicles being permitted in connection with the proposed home occupation and __
two off-street parking stalls being provided for the same.
7. The developer ensuring that there is no outside storage of goods or materials on this parcel.
8. The developer ensuring no noise, vibration, smoke, dust or odours are created from this home
occupation, which may affect adjacent landowners or development.
9. The developer ensuring that there is an adequate supply of water for fire suppression with this
home occupation.
10. This home occupation permit being valid for a time period until December 31, 2003, at which
time it may be either revoked or renewed by the Municipal Planning Commission for another
year. Renewal of this permit shall be subject to the applicant's performance during that time
period. The applicant shall be responsible for re-applying one month before the expiry date.
11. This home occupation permit being granted solely for a Custom Cabinetmaker on the SW 26-14-
13-W4.
Carried.
4. Home Occupation Permit #130 - SE 6-20-14-W4 -Division 8
Watson Doug -Trucking Hydro Vac and Steam Cleaning Service
Moved by B. M`Kellar that we approve Home Occupation Permit Application #130 for a Trucking,
Hydro Vac and Steam Cleaning Service to be operated from the SE 6-20-14-W4 subject to the
following conditions:
1. This use being classified as storage of "Trucking, Hydro Vac and Steam Cleaning Service" being
a discretionary use within the CR-Country Residential District.
August 21, 2002
Page 82
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2. This use complying with all Federal, Provincial and Municipal statutes, regulations, codes and
standards.
~` 3. This use complying with the provisions of Section 51 of Land Use Bylaw #1004-90 pertaining
to the CR-Country Residential District.
4. The developer ensuring this use shall not affect the residential use of the property or adjacent
properties and area.
5. The developer ensuring the total number ofoff--site employees involved with the said occupation
(not including the occupants of the residence) shall not exceed two.
6. The developer ensuring that no more than three commercial vehicles and one trailer be permitted
in connection with the proposed home occupation and three off-street parking stalls being
provided for the same. No other commercial vehicles shall be permitted.
7. The developer ensuring that there be no outside storage of goods or materials on this parcel.
8. The developer ensuring no noise, vibration, smoke, dust or odours are created from this home
occupation, which may affect adjacent landowners or development.
9. The developer ensuring that there is no contamination of soil, surface or ground water created
from this home occupation.
10. The developer ensuring there is an adequate supply of water for fire suppression with this home
occupation.
11. This home occupation permit being valid for a time period until December 31, 2003, at which
time it may be either revoked or renewed by the Municipal Planning Commission for another
year. Renewal of this permit shall be subject to the applicant's performance during that time
period. The applicant shall be responsible for re-applying one month before the expiry date.
12. This home occupation permit being granted solely for a Trucking, Hydro Vac and Steam Cleaning
Service within Ptn. of SE 6-20-14-W4.
13. The developer entering into a road approach agreement with the County of Newell for the
,~., installation of an approach. The developer shall contact Mr. Earl Somerville, Superintendent of
Public Works, at 362-3266, to determine the most suitable type of an approach for this
development, if required.
Carried.
12. Subdivisions
1. 02 NL 017 - NE 25-21-19-W4 -Division 6
Maurer. Laurence - AQaricultural Subdivision
Moved by B. M`Kellar that we recommend to Council refusal of Subdivision Application 02 NL 017
for an agricultural subdivision within the NE 25-21-19-W4 as it does not conform with our Municipal
Development Plan Policy 2.5.2 which states: "The County recognizes an unsubdivided quarter section
as the minimum agricultural parcel size on agricultural land". Also, Policy 2.5 of the Municipal
Development Plan states: "The County discourages the subdivision of agricultural land which leads
to the unnecessary fragmentation of quarter sections, or the creation of parcels which are of
insufficient size for normal agricultural operations". Carried.
August 21, 2002 Page 83
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2. 02 NL 018 - SW 10-19-14-W4 -Division 10
Johnson Farms Ltd. -Residential Subdivision
Neil Johnson was in attendance to present information on this application. Moved by Councillor
Musgrove that we recommend to Council approval of Subdivision Application 02 NL 018 for a
residential subdivision within 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 applicant providing a drainage and grading plan for this development area to the satisfaction
of the Subdivision Authority.
3. The applicant providing a geotechnical study by a qualified engineer indicating the groundwater
level, and the suitability and variability of the proposed sewage disposal system, to the
satisfaction of the Subdivision Authority.
4. The applicant meeting all requirements of the Eastern Irrigation District with respect to the
conveyance of water as well as easements.
5. The applicant entering into an agreement with the County of Newell for construction and/or
upgrading of road approaches to the proposed and remnant parcels as required by the Public
Works Department.
6. All oil and gas company leases, rights-of--way, Board Orders, etc. being carried forward, as
required, when the subdivision mylaz is registered at Land Titles Office.
7. 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.
8. All outstanding taxes being paid prior to endorsement.
9. Prior to endorsement of the subdivision plan, a homeowner's association is to be created to be _
responsible for any public utility lots and/or green space, with a caveat being registered on the
titles showing the property being subj ect to the membership and obligations of the homeowner's
association.
Carried.
3. 02 NL 019 - Pt. NW 18-21-18-W4 - (Owner - M & L Farms Ltd) Division 6
Aunlicant - Ray Juska NRSWMAL -Non-Agricultural Subdivision
Ray Juska, of the Newell Regional Solid Waste Management Authority Ltd., was in attendance to
present information on this subdivision application. Moved by B. M°Kellaz that we recommend to
Council approval of Subdivision Application 02 NL 019 for anon-agricultural subdivision within a
portion of the NW 18-21-18-W4 subject to the following conditions:
1. The applicant entering into an agreement with the County of Newell for construction and/or
upgrading of road approaches to the proposed and remnant parcels as required by the Public
Works Department.
2. The applicant meeting all requirements of the Eastern Irrigation District with respect to the
conveyance of water as well as easements.
3. The applicant providing easements to franchise utilities for providing services to the proposed
and remnant pazcels. The applicant may be responsible for the costs associated with the
installation, removal or modification of services.
4. All oil and gas company leases, rights-of--way, Boazd Orders, etc. being carried forwazd, as
required, when the subdivision mylaz is registered at Land Titles Office.
August 21, 2002
Page 84
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5. All outstanding taxes being paid prior to endorsement.
6. The land use being changed from Urban Fringe to Public-Waste Transfer Site prior to
'-' endorsement.
Carried.
13. Land Use Changes
1. Applicant Ray Juska NRSWMAL (Owner M & L Farms Ltd.) Division 6
Pt. NW 18-21-18-W4 - OF -Urban Fringe to P-WTS -Public-Waste Transfer Site
Moved by Councillor Musgrove that we recommend to Council that consideration be given to first
reading of a bylaw to re-designate a six acre parcel within a portion of the NW 18-21-18-W4 from
OF -Urban Fringe District to P-WTS -Public-Waste Transfer Site District. Carried.
Ray Juska, on behalf of Newell Regional Solid Waste Management Authority Ltd., requested that the
application fees for the subdivision and land use amendment for the Pt. of NW 18-21-18-W4 be
refunded. This item was referred to Council.
2. Baksa, Randy & Cory - NW & SW 1-19-14-W4 -Division 10
A -Agricultural District to CR2 -Country Residential 2 District
As there would have been no quorum for this item because the Chairman declared a pecuniary interest
in this item, it was referred to the next meeting.
14. Other Business
1. D & R Oils Ltd. -Direction on Use of Property and Current Land Desi ~n
Discussion was held on development on this property.
2. Johnson Farms Area Structure Plan -Text and Plan Amendment
Moved by B. M`Kellar that we recommend to Council that consideration be given to first reading of
a bylaw to make text amendments to the Johnson Farms Areas Structure Plan as follows:
Paragraph 1, Section 6.6 be revised by deleting: "This northeast park extends west to accommodate
the existing grove of trees situated near the north boundary of the property. The exact location of
these trees will be determined through a boundary survey at the time of subdivision." and replacing
with: "This northeast park will be connected to the existing pond at the northwest corner of the
property through walkways which would connect up to the proposed cul-de- sacs."
Paragraph 2, Section 6.6 be revised by deleting: "+12.68 ha (+31.35 ac) or 36.1%": and replacing
with: "+11.80 ha (+29.16 ac) or 33.6%".
August 21, 2002 Page 85
Paragraph 2, Section 6.7 be revised by deleting: "extends west to accommodate the existing grove of
trees. This park space provides access toboth cul-de-sacs at the north end of the plan." and replacing
with: "will be accessible to both cul-de-sacs at the north end of the plan."
Carried.
3. Palliser Regional Municipal Services -
Policies for Private Sewage Disposal Svstems & Subdivisions
A letter from Palliser Regional Municipal Services, regarding policies for private sewage disposal
systems and subdivisions, was presented to the Commission for information and discussed.
4. Report on Meetin with Town of Brooks - RE: NW Area Structure Plan
The Planner gave this report. The Planner was directed to send a letter to the Town of Brooks
expressing our concerns with regard their proposed NW Area Structure Plan, including the applicable
Superintendent of Public Works' comments, the need for a buffer zone for the auction mart and
retaining the MDS for Lakeside.
5. Request for Guidelines for Subdivision in Tillev
The Planner reported that the Village of Tilly has requested that the County do their subdivision.
Administration will respond to this request that we do not have the necessary time and resources.
15. Post Agenda Items
1. Permit #2391 -Plan 8410810, Block 1, Lot 7 (SW 13-17-17-W4) -Division 4
Nickle Robert J -Detached Oversized Accessory Building
Moved by Councillor Musgrove that we approve Development Permit Application #2391 for a
detached oversized accessory building to be located on Plan 8410810, Block 1, Lot 7 (within the SW
13-17-17-W4) subject to the following conditions:
1. The use being classified as an oversized "Accessory Building" being a discretionary use within
the Hamlet Single Family District.
2. The Municipal Planning Commission granting a variance of .3 m (.98 ft) for the total height 4.3
m (14.08 ft) for this development; to be constructed on Plan 8410810 Block 1 Lot 7. This
variance being granted to Section 56.6(4) of Land Use Bylaw #1004.90.
3. The Municipal Planning Commission granting variance of 27.6 m2 (298 ft2) allowing a total floor
area of 93.6 m2 (1008 ft2) for this development to be constructed on Plan 8410810 Block 1 Lot
7. This variance being granted to Section 56.6 (5) of Land Use Bylaw #1004-90.
4. This use complying with all Federal, Provincial, and Municipal statues, regulations codes and
standards.
5. This use complying with the provisions of Section 56 of Land Use Bylaw #1004-90 pertaining
to the HSF-Hamlet Single Family District.
6. This use complying with the Alberta Building Code.
August 21, 2002
Page 86 `~
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7. The developer obtaining all required permits (i.e., electrical, building, heating, ventilation, gas
and plumbing) from an accredited inspection agency.
~"~ 8. The developer providing the Development Officer a copy of the building permit issued by a
licensed, accredited building inspection agency for the County of Newell prior to the
commencement of construction.
9. The developer ensuring that the property is maintained to the satisfaction of the Development
Officer.
10. The developer ensuring all construction material, supplies and equipment are stored on the
property and not on the public roadway.
11. The developer ensuring the continuous clean up of construction debris tracked onto the public
roadway where access is provided to the property.
12. The developer ensuring an adequate supply of water is provided for this use.
13. The developer ensuring the following minimum yard setbacks are maintained for this
development:
Front Side Rear
*7.5 **4 **3m
*Minimum distance from Subdivision Street or service road
**Minimum distance from property line
14. The developer ensuring there is a 1.5 m separation distance between the proposed accessory
building and the existing residence.
15. The developer ensuring the detached oversized accessory building is sided to the satisfaction of
the Development Officer. This siding shall be compatible with other buildings in the vicinity as
well as consistent with the residence.
16. The developer ensuring the proposed accessory buildings is not used for living purposes.
17. This permit being for the development of an accessory building as described on the site plan
submitted July 15, 2002 on Plan 8410810 Block 1 Lot 7 (within the SW 13-17-17-W4). Any
,-, additional development shall require prior approval of a separate permit.
Carned.
2. Text Amendment -Lake Newell Resort - NW 6-18-14-W4
Moved by B. M°ICellar that we recommend to Council that consideration be given to first reading of
a bylaw to amend Land Use Bylaw # 1004-90 to include "Storage Yard & Building" as a discretionary
use in the RC -Resort Commercial District. Carried.
3. October MPC Meeting
Moved by Councillor Musgrove that the October MPC meeting date be moved to October 31, 2002.
Carried.
16. Question Period
A question period was held.
August 21, 2002 Page 87
17. Information Items
There were no information items.
18. Adjourn
Moved by Councillor Musgrove that the meeting be adjourned at 3:30 p.m. Carried.
C`QYal7~a
CH[AIItMAN
PLANNER
August 21, 2002 Page 88