HomeMy WebLinkAbout2004-03-24 Municipal Planning Commission (Regular) MinutesL~
County of Newell No. 4
Minutes of Municipal Planning Commission Meeting
,~..~ March 24, 2004
The regular Municipal Planning Commission Meeting of the County of Newell No. 4 was held in
the County Office at Brooks, AB on Wednesday, March 24, 2004 commencing at 10:00 a.m.
Members Present Chairman C. Baksa
Councillors G. Musgrove
E. Moss
Members B. McKellar
R. Steinbach
Planner T. Henry
Administrator A. Martens
Executive Secretary K. Weiss
1. Call to Order
The Chairman called the meeting to order at 10:00 a.m.
2. Excused from Meeting
All members were in attendance at the meeting.
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3. Minutes
1. February 26, 2004
Minutes of the February 26, 2004 meeting were presented to the Commission. Moved by Councillor
Musgrove that we adopt these minutes as presented. Carried.
4. Call for Post Aeenda Items
The Chairman called for post agenda items.
5. Adoption of Agenda
Moved by R. Steinbach that the agenda be adopted as amended. Carried.
March 24, 2004 Municipal Planning Commission Page 24
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6. Business from Minutes
Permit #2566 - NE 31-20-14-W4 -Division 8 ---
Cooper, Arthur & Elsie (Owners) Cooper, Elsie (Applicant)
Variance to Land Use Bvlaw -Rear Yard Setback
There was no new information on this item.
2. Permit #2578 -Plan 1349 BA Block 7 Lot 17 -Division 3
Dunham, Robert & Bernice (Owners) Dunham, Bob (Applicant)
Variance to Land Use Bylaw 1443-03 Section 86.4 Minimum Yard Requirements
To Accommodate the Construction of Dwelling Unit Addition (Attached Garaee)
There was no new information on this item.
3. 03 NL 016 - NE 8-19-14-W4, Plan 6242 JK Block C -Division 10
Gray & Company Holdings Ltd. (Owners) Midwest Surveys (Applicant)
Subdivision of Industrial Parcel
This application will be brought back to the April meeting as requested by the applicant.
4. Definition -Truck and Trailer Wash
There was no new information on this item.
5. Permit #155 - SW 6-19-13-W4 Plan 0012244 Block 1-Division 10
Harold & Barbara Wutzke (Owners) Harold Wutzke (Applicant)
Commercial Truck Storaee
This item remained tabled.
6. Permit #158 TP - NW 7-19-13-W4 Plan 7811871 Block 1 Lot 1 -Division 8
Wayne & Shelley Swenson (Owners) Shelley Swenson (applicant)
Temporary Permit for Home Industry Maior Seasonal Non-Resident Emulovees
Moved by B. McKellar that the following motion be lifted from the table: Moved by Councillor
Musgrove that we classify this as a "Temporary Permit for Home Industry Major" and that
approval be granted, under Section 70 of Land Use Bylaw #1443-03, for Home Industry Major
Temporary Permit #158 TPfor up to eightseasonal, non resident employees required in conjunction
with Home Industry Major Permit Application #158, subject to the following condition:
1. This permit being valid for a time period of May -November, permitting up to eight seasonal
employees, at which time it may be either revoked or renewed by the DevelopmentAuthority.
The applicant shall be responsible for re-applying during this period, if the number of
temporary seasonal non-resident employees increase.
March 24, 2004 Municipal Planning Commission Page 25
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Carried. Vote on the motion -Defeated.
Moved by R. Steinbach that we refund the application fee of $250.00. Carried.
Statutory Planning
Information was circulated regarding Hamlet & Village Area Structure Plans. The Commission will
review this information and provide information to the Planner by April 12, 2004 on Hamlet
boundaries and the areas surrounding Hamlets and Villages where they would like to have Area
Structure Plans in place.
8. Permit #156 - SE 6-20-14-W4 -Division 8
Douglas Henderson Watson & Joanne Feuz (Owners)
Doug Watson, operating as Doug Watson Trucking &Sandman Rentals Inc. (Applicant)
Truckine Service and Oilfield Tank Rental Service
Moved by Councillor Moss that the following motion be lifted from the table: Moved by Councillor
Musgrove that we classify this as a "Home Industry Major" being a discretionary use within the
RUR -Rural Residential District and that approval be granted for Home Industry Permit #156for
a Trucking and Tank Rental Service on lands legally described as Pt. SE 6-20-14-W4, subject to the
following conditions:
1. This use complying with all Federal, Provincial and Municipal statutes, regulations, codes
and standards.
2. This use not affecting the residential use of the property or adjacent properties and area.
3. The total number of off-site employees, not including the occupants of the residence involved
with the said occupation, not exceeding three.
4. The applicant ensuring adequate parking space is available for this use, being a minimum of
one parking stall per employee.
5. The applicant ensuring that no more than two commercial vehicles are used in conjunction
with this Home Industry Permit. No other commercial vehicles shall be permitted.
6. The applicant ensuring there is no outside storage ofgoods or materials related to this Home
Industry Permit.
7. The applicant ensuring no noise, vibration, smoke, dust or odours, which may affect adjacent
landowners or development, are created from this home industry major.
8. The developer ensuring there is no contamination ofsoil, surface water orgroundwaterfrom
this use.
9. The developer ensuring there are not more than two tanks located on the property at any given
time. The developer ensuring loading and unloading of the tanks is restricted onto the
property and not onto the public roadway.
10. The developer entering into a Road Use Agreement with the County of Newell.
I1. This permit being valid for a time period of one year from the date of approval, at which time
it may be either revoked or renewed by the Development Authority. The applicant shall be
responsible for re-applying a minimum of two months before the expiry date.
Carried.
March 24, 2004 Municipal Planning Commission Page 26
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Moved by Councillor Musgrove that we amend this motion to read that we classify this as a "Home
Industry Major" being a discretionary use within the RUR -Rural Residential District and that
approval be granted for Home Industry Permit # 156 for a Trucking and Tank Rental Service onlands --
legally described as Pt. SE 6-20-14-W4, subject to the following conditions:
1. This use complying with all Federal, Provincial and Municipal statutes, regulations, codes and
standards.
2. This use not affecting the residential use of the property or adjacent properties and area.
3. The total number ofoff--site employees, not including the occupants of the residence involved
with the said industry, not exceeding four.
4. The applicant ensuring adequate parking space is available for this use, being a minimum of
one parking stall per two employees.
5. The applicant ensuring that no more than four commercial vehicles are used in conjunction
with this Home Industry Permit. No other commercial vehicles shall be permitted.
6. The applicant ensuring no noise, vibration, smoke, dust or odours, which may affect adjacent
landowners or development, are created from this Home Industry Major.
7. The developer ensuring there is no contamination of soil, surface water or groundwater from
this use.
8. The developer ensuring loading and unloading of the tanks is restricted onto the property and
not onto the public roadway.
9. The developer ensuring the tanks maintain the required 30 m (98.4 ft.) setback distance from
the public roadway right-of--way.
10. The developer entering into a Road Use Agreement with the County of Newell, if required by
the Public Works Department.
11. This permit being valid for a time period of one year from the date of approval, at which time
it may be either revoked or renewed by the Development Authority. The applicant shall be
responsible for re-applying a minimum of two months before the expiry date.
12. The developer paying the appropriate fee for the Home Industry Major.
13. The applicant paying the appropriate fee for applying for the Home Industry Permit after the
home industry was already in operation.
Vote on the amendment -Carried. Vote on the amended motion -Carried.
7. Council & S.D.A.B. Report
The Chairman gave this report.
Development Report - February 16, 2004 to March 17 2004
Moved by Councillor Moss that we accept the Development Report. Carried.
9. Correspondence
Shergill Consulting Ltd. -Refund Request
A letter from Shergill Consulting Ltd. requesting a refund of the application fee paid for Subdivision
O l NL 019 was presented to the Committee. Moved by R. Steinbach that we recommend to Council
refusal of this request. Carried.
March 24, 2004 Municipal Planning Commission Page 27 -
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10. Development Permits
!`' 1. Permit #2592 - Pt. SW 13-19-14-W4 -Division 10
Airth Farms Ltd. (Owners) Airth, Jock (Applicant)
Variance to Land Use Bylaw 1443-03
Section 55 -Dwelling Units per Parcel
For Existing Residences & Proposed New Modular Home
Moved by Councillor Musgrove that we classify this "Dwelling Unit" as a "Modular Home" being
a discretionary use within the A-Agricultural District and that approval be granted for Development
Permit #2592 for the development of a modular home, for agricultural purposes, on Pt. SW 13-19-
14-W4, granting the following variance:
i) to Section 55(1) of Land Use Bylaw #1443-03 to permit four additional dwelling units as
described in this application, for agricultural purposes, within the SW 13-19-14-W4,
where the following are required prior to commencement of construction and issuance of this permit:
a) The developer providing the Development Officer with a copy of the building permit issued by
a licensed, accredited building inspection agency for the County of Newell.
b) The developer obtaining all other required permits including electrical, heating & ventilation,
gas and plumbing from an accredited inspection agency and providing copies of the applicable
permits to the Development Officer prior to the commencement of construction. The applicant
shall provide the County certification from a Safety Codes Officer, certifying that the sewage
disposal system of all dwellings meets Provincial legislation, regulations and standards.
c) The developer entering into an agreement with the County of Newell for the installation and/or
upgrade of any required road approaches to the parcel.
d) The developer entering into a Rural Water Use Purposes Agreement with the Eastern Irrigation
District and providing evidence of this agreement.
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and subject to the following conditions:
1. The proposed development complying with all Federal, Provincial and Municipal statutes,
regulations, codes and standards.
2. The proposed development complying with the provisions of Section 79 of Land Use Bylaw
#1443-03 pertaining to the A -Agricultural District.
3. The developer ensuring the following setbacks are maintained for the proposed development:
Front Side Flankage Rear
*30 m **3 m *30 m **3 m
* Minimum distance to be maintained from the right-of--way of local roadways.
** Minimum distance to be maintained from property lines.
4. The proposed development complying with the Alberta Building Code where applicable.
5. The developer ensuring an adequate supply of water is provided for this use.
6. The developer ensuring there is proper and legal access provided to the property.
7. The developer ensuring there is proper disposal of sewage and waste from this site. The
developer ensuring the appropriate type of sewage disposal system is utilized for this
development.
8. The developer ensuring the property is maintained to the satisfaction of the Development
Officer.
9. The developer ensuring construction materials, supplies and equipment are stored on the
property and not on the public roadway.
10. The developer ensuring the continuous clean up of construction debris tracked onto the public
roadway where access is provided to the property.
March 24, 2004 Municipal Planning Commission Page 28
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11. The developer ensuring this development is located as shown on the site plan submitted on
February 19, 2004. Any changes to that plan shall require the written approval of the
Development Officer.
12. This permit is being granted only for the development of a modular home, for agricultural
purposes, on Pt. SW 13-19-14-W4. Any additional development shall require prior approval
of a separate permit application.
13. The developer ensuring the modular home is skirted with materials the same as or consistent
with the remainder of the building.
14. The developer ensuring the design, character and appearance of the proposed building is
consistent with other buildings in the vicinity.
15. The developer ensuring the appropriate separation distance between the proposed building and
the existing buildings is maintained in accordance with the Alberta Building Code and the
County of Newell Land Use Bylaw.
16. The developer ensuring the property is not used for conducting a business or commercial
operation. c~
17. The applicant applying for a subdivision to consolidate this parcel (Pt. SW 13-19-14-W4) with
the applicant's land in the remainder of the &~ 13-19-14-W4. ~•~- C~
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Carried.
2. Permit #2591 - NW 19-18-14-W4 Plan 0312492 Block 1 Lot 2 -Division 5
Celtic Pride Welding & Fabricating Ltd. (Owners) Gubbins, Martin (Applicant)
Construction of Welding and Fabricating Shon with Office
Linda & Martin Gubbins and Dean Martin were in attendance at the meeting. Moved by Councillor
Moss that we classify this use as a "Welding and Fabricating Operation" being a discretionary use
within the I -Industrial District and that approval be granted for Development Permit #2591 for the
development of a welding and fabrication shop with office, on Plan 0312492 Block 1 Lot 2 (within
NW 19-18-14-W4), where the following are required prior to commencement of construction and
issuance of this permit:
a) The developer providing the Development Officer with a copy of the building permit issued by
a licensed, accredited building inspection agency for the County of Newell.
b) The developer obtaining all other required permits including electrical, heating & ventilation,
gas and plumbing from an accredited inspection agency and providing copies of the applicable
permits to the Development Officer prior to the commencement of construction.
c) The developer entering into a Rural Water Use Purposes Agreement with the Eastern Irrigation
District and providing evidence of this agreement.
d) The developer providing the Development Officer with a plan indicating proposed landscaping
of the site prior to commencement of construction to the satisfaction of the Development
Officer.
and subject to the following conditions:
1. The proposed development complying with all Federal, Provincial and Municipal statutes,
regulations, codes and standards.
2. The proposed development complying with the provisions of Section 96 of Land Use Bylaw
#1443-03 pertaining to the I -Industrial District.
March 24, 2004 Municipal Planning Commission Page 29 --
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3. The developer ensuring the following setbacks are maintained for the proposed development:
Front (North) Side Rear (South)
^^ *30 m **3 m ***7.5 m
* Minimum distance to be maintained from the right-of--way of local roadways.
** Minimum distance to be maintained from property lines.
*** Minimum distance to be maintained from subdivision streets for service roads.
4. The proposed development complying with the Alberta Building Code where applicable.
5. The developer complying with the Alberta Fire Code where applicable. The developer shall
contact Mr. Kevin Swanson, Fire Chief, Brooks Rural Fire Department, 403-362-2331, to
ensure compliance with Fire Code Regulations or other matters related to fire protection. A
water supply, for fire protection, shall be provided in proximity to the property that is to the
satisfaction of the Brooks Rural Fire Department.
6. The developer ensuring access can be provided for Emergency Services vehicles to all sides of
the building.
7. The developer ensuring Emergency Services vehicular access can be provided from the
proposed building to the proposed water hydrant, or other water source. The Brooks Rural Fire
Department shall determine this distance.
8. The developer ensuring an adequate supply of water is provided for this use.
9. The developer being responsible for all costs associated with the modification of water and
sewer services and franchise utilities to provide service to the proposed building.
10. The developer ensuring the site is graded so that storm water does not drain onto adjoining
properties.
11. The developer ensuring there is proper and legal access provided to the property.
12. The developer ensuring there is proper disposal of sewage and waste from this use. The
developer ensuring a pump out tank system is utilized for this development.
13. The developer ensuring the property is maintained to the satisfaction of the Development
~ Officer.
14. The developer ensuring construction materials, supplies and equipment are stored on the
property and not on the public roadway.
15. The developer ensuring the continuous clean up of construction debris tracked onto the public
roadway where access is provided to the property.
16. The developer ensuring this development is located as shown on the site plan submitted on
February 12, 2004. Any changes to that plan shall require the written approval of the
Development Officer.
17. This permit is being granted only for the development of a welding and fabricating shop, with
office, on Plan 0312492 Block 1 Lot 2 (within the NW 19-18-14-W4). Any additional
development shall require prior approval of a separate permit application.
18. The developer ensuring the proposed building is consistent with the purpose of the land use
district and that the design, character and appearance of the proposed building is compatible
with other buildings in the vicinity.
19. The developer ensuring landscaping of the property is complete within two years from the date
of approval.
20. The developer ensuring all hazardous waste materials are properly disposed of in regulated
facilities.
21. The developer ensuring there is no contamination of soil, surface water or groundwater from
this use.
22. The developer ensuring all outdoor garbage containers are covered and screened from the
public roadways.
March 24, 2004 Municipal Planning Commission Page 30
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23. The developer ensuring adequate parking space is available for this use at a rate of 2.7 stalls
per 100 m2 of building area.
24. The developer ensuring the proposed development does not encroach onto the Irrigation
Pipeline Right-of--Way Plan 981 0471.
25. The developer ensuring that an appropriate form of dust suppression is maintained at this site.
26. The developer providing evidence of a satisfactory road completion inspection from Public
Works.
Carried.
It was recommended that the requirement to install and maintain waterlines in Subdivision 02 NL
29 be deleted as it is an industrial subdivision.
3. Permit #2593 - SE 25-18-15-W4 -Division 5
Schuett Homes & Construction Ltd. (Owners) Schuett, Reinhold
Variance to Land Use Bylaw 1443-03
Section 58(1) -Accessory Buildings and
Section 83.5 -Rear Yard Setback Requirement
To Accommodate aMoved-in Building - Accessory Use
Reinhold Schuett was in attendance at the meeting. Moved by B. McKellar that we refuse
Development Permit #2593, for the relocation of amoved-in building, for accessory use, on Plan 041
Block 1 Lot 13 (within SE 25-18-15-W4) as this proposal does not meet the accessory building
requirements of Land Use Bylaw 1443-03 as no dwelling unit is located on the proposed lot.
Carried.
Mr. Schuett requested a 6-month Irrevocable Letter of Credit to have the building moved. Moved
by Councillor Musgrove that we recommend to Council that we obtain a $4,000.00 Irrevocable
Letter of Credit and amend Condition #6 of Subdivision Application 03 NL 017 to read: "Provision
of a $4,000.00 Irrevocable Letter of Credit to ensure that the garage on proposed Lot 14 is moved
so that it meets the requirements of the County's Land Use Bylaw". Carried.
4. Permit #2595 -Plan 4873 FQ Parcel A SE 10-19-14-W4 -Division 10
Stuber, Lionel & Tammy (Owners) Stuber, Tammy (Applicant)
Construction of Accessory Building
Moved by Councillor Moss that we classify this use as an "Accessory Building" being a
discretionary use within the A -Agricultural District and that approval be granted for Development
Permit #2595 for the development of an accessory building, for the purposes ofvehicular and general
storage, on Plan 4873 FQ Parcel A (within SE 10-19-14-W4), where the following are required prior
to commencement of construction and issuance of this permit:
a) The developer providing the Development Officer with a copy of the building permit issued by
a licensed, accredited building inspection agency for the County of Newell.
b) The developer obtaining all other required permits including electrical, heating & ventilation,
gas and plumbing from an accredited inspection agency and providing copies of the applicable
permits to the Development Officer prior to the commencement of construction.
March 24, 2004 Municipal Planning Commission Page 31
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c) The developer entering into a Rural Water Use Purposes Agreement with the Eastern Irrigation
District and providing evidence of this agreement.
~"' d) The developer entering into an agreement with the County of Newell for the installation and/or
upgrade of any required road approaches to the parcel.
and subject to the following conditions:
1. The proposed development complying with all Federal, Provincial and Municipal statutes,
regulations, codes and standards.
2. The proposed development complying with the provisions of Section 79 of Land Use Bylaw
#1443-03 pertaining to the A -Agricultural District.
3. The developer ensuring the following setbacks are maintained for the proposed development:
Front Side Rear
*30 m (98.4 ft) **3 m (9.8 ft.) ** 3 m (9.8 ft.)
* Minimum distance to be maintained from the right-of--way of local roadways.
** Minimum distance to be maintained from property lines.
4. The proposed development complying with the Alberta Building Code where applicable.
5. The developer ensuring an adequate supply of water is provided for this use.
6. The developer ensuring there is proper and legal access provided to the property.
7. The developer ensuring the property is maintained to the satisfaction of the Development
Officer.
8. The developer ensuring construction materials, supplies and equipment are stored on the
property and not on the public roadway.
9. The developer ensuring the continuous clean up of construction debris tracked onto the public
roadway where access is provided to the property.
10. The developer ensuring this development is located as shown on the site plan submitted on
March 8, 2004. Any changes to that plan shall require the written approval of the Development
.--, Officer.
11. This permit is being granted only for the development of a detached garage, for vehicular and
general storage, on Plan 4873 FQ Parcel A (within SE 10-19-14-W4). Any additional
development shall require prior approval of a separate permit application.
12. The developer ensuring the design, character and appearance of the proposed building is
consistent with other buildings in the vicinity.
13. The developer ensuring the accessory building does not exceed 111.5 m2 (1,200 ft.2).
14. The developer ensuring the accessory building does not exceed 4 m (13.1 ft.) in height.
15. The developer ensuring the proposed accessory building is not used for living purposes.
16. The developer ensuring the property is not used for conducting a business or commercial
operation.
Carried.
Permit #2597 - NE 26-20-14-W4 Plan 7810369 Block A -Division 8
Adams, Lawrence A (Owner) Adams, Lawrence (Applicant)
Temporary Storage of Manufactured Home -One-year Period
Renewal of Development Permit #2447
Moved by Councillor Moss that we refuse Development Permit #2597 for temporary storage of a
manufactured home on NE 26-10-14-W4 Plan 7810369 Block A and that this building be removed
from this property by June 30, 2004. Carried.
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March 24, 2004 Municipal Planning Commission Page 32
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6. Permit #2598 - Pt. SW 9-19-14-W4 -Division 10
Smith, Richard (Owner) Smith, Richard (Applicant)
Existing Temporary Living Accommodations (two structures)
Renewal of Development Permit #2475
Moved by R. Steinbach that we refuse Development Permit #2598 for the two structures for
temporary living accommodations on Pt. SW 9-19-14-W4 for the following reasons(s):
a) Moved-in buildings are not prescribed uses within the I -Industrial District.
b) The temporary employee living accommodations are not compatible with the I -Industrial
District.
and that these buildings be removed from this property by June 30, 2004. Carried.
11. Home Occupation/Home Industrv Permits
Permit #112 (Renewal) - SE 17-21-16-W4 Plan 9511326 Block 1 -Division 7
Darago, Dean & Donna (Owners) Darago, Donna (Applicant)
Oilfield Contracting and Maintenance Service (Operating as: The Edge Contractingl
Moved by Councillor Moss that we classify this as a "Home Occupation Major" being a
discretionary use within the A -Agricultural District and that approval be granted for Home
Occupation Permit #112 for an Oilfield Contracting and Maintenance Service on Plan 9511326
Block 1 (within SE 17-21-16-W4), subject to the following conditions:
1. This use complying with all Federal, Provincial and Municipal statutes, regulations, codes and
standards.
2. This use not affecting the residential use of the property or adjacent properties and area.
3. The total number ofoff--site employees, not including the occupants of the residence involved
with the said occupation, not exceeding two.
4. The applicant ensuring that no more than two commercial vehicles and one trailer are used in
conjunction with this Home Occupation Permit. No other commercial vehicles shall be
permitted.
5. The applicant ensuring there is no advertising or display of produce being permitted on the
property except for one indirectly illuminated sign of 1 m2 placed flat against the building or
fence.
6. The applicant ensuring there is no outside storage of goods or materials related to this Home
Occupation Permit.
7. The applicant ensuring no noise, vibration, smoke, dust or odours, which may affect adjacent
landowners or development, are created from this Home Occupation Major.
8. The applicant ensuring adequate parking space is available for this use, up to two stalls, within
the front yard setback.
9. This permit being valid for a time period of three years from the date of approval, at which time
it may be either revoked or renewed by the Development Authority. The applicant shall be
responsible for re-applying a minimum of two months before the expiry date.
10. The developer ensuring there is no contamination of soil, surface water or groundwater from
this use.
11. The developer addressing, to the satisfaction of Alberta Transportation, any concerns put
forward by Alberta Transportation.
Carried.
March 24, 2004 Municipal Planning Commission Page 33 -
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Lunch
-~"' The Commission recessed for lunch from 11:48 a.m. - 1:15 p.m.
12. Land Use Chances
04 LUA 008 - NW 24-19-15-W4, Plan 0310777 Block 2 Lot 1 -Division 5
County of Newell No. 4 (Owner & Applicant)
From A -Agricultural to HWY C - Highway Commercial
Moved by R. Steinbach that we recommend to Council that consideration be given to first reading
of a bylaw to re-designate approximately 18.84 acres of land in NW 24-19-15-W4, Plan 0301777
Block 2 Lot 1 from A -Agricultural District to HWY C -Highway Commercial District. Carried.
13. Statutory Plans
1. 04 TA 001 -Countywide Text Amendment
Smith, Percy Robert & Smith, Fern Skuban (Applicants)
To add "Storage Facility" as a Permitted Use in the Light Industrial District
Moved by Councillor Musgrove that we recommend to Council that consideration be given to first
reading of a bylaw to amend Land Use Bylaw 1443-03 by adding "Storage Facility" to Section 95.1
and deleting "Storage Facility" from Section 96.1. Carried.
Moved by R. Steinbach that we refund the application fee of $500.00. Carried.
14. Other Business
There were no Other Business items.
15. Post Agenda Items
04 LUA 009 - Pt. NW 13-20-13-W4 - 39.79 acres - EID
Moved by Councillor Moss that we recommend to Council that consideration be given to first
reading of a bylaw to amend Land Use Bylaw 1443-03 to redesignate approximately 39.79 acres of
land in NW 13-20-13-W4 from HR -Hamlet Residential District to A -Agricultural District.
Carried.
March 24, 2004 Municipal Planning Commission Page 34
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2. 04 LUA 010 - N 1/2 13-20-13-W4, Plan 1217 BA -County of Newell
Moved by R. Steinbach that we recommend to Council that consideration be given to first reading
of a bylaw to amend Land Use Bylaw 1443-03 to redesignate approximately 4.54 acres of land in
N 1/2 13-20-13-W4 from A -Agricultural District to HI -Hamlet Industrial District. Councillor
Musgrove excused himself from voting on this item and left the Council Chambers. Carried.
Councillor Musgrove returned to the Council Chambers and resumed participation in the meeting.
16. Subdivisions
04 NL 002 - Pt. NW 9-19-14-W4, Plan 9812914 Block 2 -Division 10
Evergreen Implements (Owners) Olympia Engineering -Ron Switzer (Applicant)
Industrial Subdivision
Ron Switzer, of Olympia Engineering, was in attendance at the meeting. Moved by Councillor
Musgrove that we recommend to Council approval of Subdivision Application 04 NL 002, to allow
for an industrial subdivision within Pt. NW 9-19-14-W4, Plan 9812914 Block 2, subject to the
following conditions:
I . That all oil and gas company leases, rights of way and board orders be carried forward when
the subdivision mylar is registered at Land Titles Office.
2. The applicant providing a 9.5 metre easement to franchise utilities for services to the proposed
parcels. The applicant may be responsible for the costs associated with the installation,
removal or modification of services.
3. 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 and discharge of the caveat will be at the cost of the applicant.
4. The applicant entering into an agreement with the County ofNewell for the installation of any
required road approaches to the proposed and/or remnant parcels.
5. The applicant meeting any requirements of the Eastern Irrigation District with respect to the
conveyance of water as well as easements.
6. The applicant providing municipal reserve in the form of cash-in-lieu. The amount will be
determined at the time of endorsement by the municipality. The applicant may provide an
appraisal conducted by a certified professional to determine market value of land.
7. That all outstanding municipal taxes be paid prior to the endorsement.
Carried.
04 NL 003 - Pt. SE 34-18-14-W4 & NE 27-18-14-W4 -Division 5
Albert Snyders Holdings Ltd. (Owner) Midwest Surveys -Cam Christianson (Applicant)
Light Industrial Subdivision - 1 Lot
Cam Christianson, of Midwest Surveys Inc., was in attendance at the meeting. Moved by Councillor
Moss that we recommend to Council approval of Subdivision Application 04 NL 003, to allow for
a light industrial subdivision within Pt. SE 34-18-14-W4 & NE 27-18-14-W4, subject to the
following conditions:
March 24, 2004 Municipal Plarming Commission Page 35 --
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1. That all oil and gas company leases, rights of way and board orders be carried forward when
the subdivision mylar is registered at Land Titles Office.
,~-- 2. The applicant providing an easement to franchise utilities for services to the proposed parcels.
The applicant may be responsible for the costs associated with the installation, removal or
modification of services.
3. 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,
registration and discharge of the caveat will be at the cost of the applicant.
4. The applicant entering into an agreement with the County of Newell for the installation,
upgrade and/or removal of any required road approaches to the proposed and/or remnant
parcels.
5. The applicant providing a landscaping plan to assist with dust proofing on site.
6. The applicant meeting any requirements of the Eastern Irrigation District with respect to the
conveyance of water as well as easements.
7. That all outstanding municipal taxes be paid prior to the endorsement.
Carried.
04 NL 004 - Pt. NE 28-20-14-W4, RW 33 & Plan 7710532 -Division 8
Village of Duchess/County (Owners) Midwest Surveys -Cam Christianson(Applicant)
Consolidation of Abandoned Railwav to Duchess Lagoon Site
Cam Christianson, of Midwest Surveys Inc., was in attendance at the meeting. A letter from
Midwest Surveys Inc. requesting this application be postponed was presented to the Commission.
This item was referred to the next meeting.
Land Use Changes (Cont'd.)
2. 04 LUA 006 - Pt. E 1/2 28-20-14-W4, RW 33, Plan 7710532 -Division 8
Village of Duchess/County (Owners)
Midwest Surveys -Cam Christianson (Applicant)
From A -Agricultural to P - SL/WT -Public -Sewage LagoonlWastewater Treatment Plant
Cam Christianson, of Midwest Surveys Inc., was in attendance at the meeting. Moved by Councillor
Moss that we recommend to Council that consideration be given to first reading of a bylaw to re-
designate approximately 33.39 ha (82.51 ac) of land in the E 1/2 28-20-14-W4, RW 33, Plan
7710532, from A -Agricultural District to P - SL/WT -Public - Lagoon/Wastewater Treatment Plant
District. Carried.
March 24, 2004 Municipal Planning Commission Page 36
Subdivisions (Cont'd.)
4. 04 NL 005 - Pt. NE 20-18-14-W4 -Division 5
Eastern Irrigation District (Owners)
EBA Engineering Consultants for Smith Group Holdings - Jamal Ramjohn (Applicant)
Industrial Subdivision
Jamal Ramj ohn, of EBA Engineering Consultants, was in attendance at the meeting. Moved by R.
Steinbach that we recommend to Council approval of Subdivision Application 04 NL 005 within Pt.
NE 20-18-14-W4, to allow for an industrial subdivision subject to the following conditions:
1. That all oil and gas company leases, rights of way and board orders be carried forward when
the subdivision mylar is registered at Land Titles Office.
2. The applicant providing a 9.5 metre easement to franchise utilities for services to the proposed
parcels. The applicant may be responsible for the costs associated with the installation,
removal or modification of services.
3. 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 and discharge of the caveat will be at the cost of the applicant.
4. The applicant entering into an agreement with the County of Newell for the installation,
upgrade and/or removal of any required road approaches to the proposed and/or remnant
parcels.
5. The applicant meeting any requirements of the Eastern Irrigation District with respect to the
conveyance of water as well as easements.
6. The applicant receiving approval for a concept plan prior to endorsement of the subdivision
plan.
7. The applicant providing municipal reserve in the form of cash-in-lieu. The amount will be
determined at the time of endorsement by the municipality. The applicant may provide an
appraisal conducted by a certified professional to determine market value of land. _
8. The applicant entering into a road use agreement with the Town of Brooks.
9. That all outstanding municipal taxes be paid prior to the endorsement.
Carried.
Land Use Changes (Cont'd.)
3. 04 LUA 005 - Pt. NW 23-20-14-W4 -Division 9
Grove, Tom & Joanne (Owners & Applicants)
From A - A¢ricultural to RUR -Rural Residential
Tom & Joanne Grove were in attendance at the meeting. Moved by Councillor Moss that we
postpone this item. Carried.
March 24, 2004 Municipal Planning Commission Page 37
4. 04 LUA 007 - NE 4-19-14-W4 -Division 10
D & R Oils Ltd. (Owners) McIntyre, Darrond (Applicant)
.~-~ From CR - Country Residential to LI - Light Industrial
Darrond McIntyre was in attendance at the meeting. Moved by Councillor Moss that we recommend
to Council that consideration be given to first reading of a bylaw to re-designate approximately 4.0
ac of land in the NE 4-19-14-W4, Plan 4818 JK Block E, from CR -Country Residential to LI -Light
Industrial District. Carried.
Post Agenda Items (Cont'd.)
3. IMDP
The Planner advised the Committee of progress to date on the IMDP.
17. Question Period
A question period was held.
18. Information Items
There were no information items.
19. Adjourn
The Chairman declared the meeting adjourned at 2:47 p.m. Carried.
~~1~~~'/
CHAIl2MAN
,~,
ADMINISTRATOR
March 24, 2004 Municipal Planning Commission Page 38