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HomeMy WebLinkAbout2004-06-25 Municipal Planning Commission (Regular) Minutes~-[~ County of Newell No. 4 ~- Minutes of 1Vlunicipal Planning Commission Meeting June 25, 2004 The regular Municipal Planning Commission Meeting of the County of Newell No. 4 was held in the County Office at Brooks, AB on Friday, June 25, 2004 commencing at 10:04 a.m. Members Present ," Chairman Councillor Member County Planner Development Control Officer Administrator Executive Assistant Planning Summer Student 1. Call to Order The Chairman called the meeting to order at 10.04 a.m. 2. Excused from Meeting C. Baksa G. Musgrove B. McKellar T. Henry P. Urban A. Martens C. Isaac Travais Anderson Moved by Councillor Musgrove that Councillor Moss and R. Steinbach be excused from the meeting. Carried. 3. Minutes 1. May 25, 2004 Minutes of the May 25, 2004 meeting were presented to the Commission. Moved by B.McKellar that we adopt these minutes as presented. Carried. 4. Call for Post Agenda Items The Chairman called for post agenda items. 5. Adoption of Agenda Moved by Councillor Musgrove that the agenda be adopted as amended. Carried. June 25, 2004 Municipal Planning Commission Page 82 C~ 6. Business from Minutes 1. 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 Garay There was no new information on this item. 2. 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 Moved by B. McKellar that we recommend to Council approval of Subdivision 03 NL 016, to allow for the subdivision of an Industrial parcel, 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 easements 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 an agreement with the County of Newell for the instillation/upgrade and or removal of any required road approaches to the proposed and/or remnant parcels. 4. The applicant providing municipal reserve in the form of cash-in-lieu in an amount to be determined when a plan of subdivision is returned for endorsement. If the applicant and the County cannot agree on the required amount, the applicant may provide their own appraisal prior to endorsement. 5. The applicant providing a 115-metre long, 15-metre wide utility easement to the County located at the northern boundary of the proposed 10.407-hectar subdivided lot. 6. That the applicant enter into a crossing agreement with ATCO Pipelines due to a high pressure gas main on site. 7. That all outstanding municipal taxes be paid prior to the endorsement. Carried. 3. Definition -Truck and Trailer Wash The Planner provided an update on a discussion with the NRCB. June 25, 2004 Municipal Planning Commission Page 83 ~-V-~ 4. Permit #155 - SW 6-19-13-W4 Plan 0012244 Block 1-Division 10 ~"- Harold & Barbara Wutzke (Owners) Harold Wutzke (Applicant) Commercial Truck Storage This item was not lifted from the table. 5. Statutory Planning There was no new information on this item. 6. Agricultural Support Services Permits Neil Johnson, Johnson Farms, was in attendance at the meeting and arrived at 10:15 a.m. 1. Permit #04-AS-001- SW 15-19-14-W4 -Division 10 Johnson Farms (Brooks) Ltd. (Owner) Johnson, Neil (Applicant) Manure Hauling Service Moved by Councillor Musgrove that we classify this as an "Agricultural Support Service" being a discretionary use within the A -Agricultural District and that approval be granted ~- for Agricultural Support Service Permit #04-AS-001 for a Manure Hauling Service on SW 15-19-14-W4, where the following is required prior to the issuance of this permit: a) The applicant providing the Development Officer with written evidence from Alberta Environment approving the disposal of biosolids: and subject to the following conditions: 1. This use complying with all Federal, Provincial and Municipal statutes, regulations, codes and standards. 2. The total number of employee, not including the applicant involved with the said occupation, not exceeding twelve as specified in this application. 3. The applicant ensuring that no more than the required loaders, two spreaders, and seven trucks and trailers, as described in this application, are used in conjunction with this Agricultural Support Service. 4. The applicant ensuring adequate parking space is available for this use. 5. The developer ensuring there is no contamination of soil, surface water or groundwater from this use. 6. The applicant ensuring full compliance with all the regulations of Alberta Environment and the Natural Resources Conversation Board (NRCB) and Agricultural Operation Practices Act (AOPA) and amendments thereto, pertaining to, but not limited to the handling, storage, spreading and incorporation of manure and biosolids. June 25, 2004 Municipal Planning Commission Page 84 ~,g, 7. This permit being valid for a time period of three years from the date of approval, at which time it may be either revoked, subject to an appeal to the Subdivision and Development Authority, or renewed by the Development Authority. It is the responsibility of the applicant to renew a minimum of two months prior to its expiration. Carried. Neil Johnson left the meeting at 10:37 a.m. 7. 04 NL 004 - Pt. NE 28-20-14-W4, RW 33 & Plan 7710532 -Division 8 Village ofDuchess/County (Owners) Midwest Surveys -Cam Christianson (Applicant) Consolidation of Abandoned Railway to Duchess Laeoon Site Moved by B. McKellar that we recommend to Council approval of Subdivision Application 04 NL 004, to allow for the consolidation of a portion of an abandoned railway to a parcel owned by the Village ofDuchess for their lagoon site, with a total of 16.81 acres, 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 easements 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 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. 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 a Rural Purposes Water agreement with the Eastern Irrigation District. 6. The applicant providing the Eastern Irrigation District with an easement for the drainage course. 7. That all outstanding municipal taxes be paid prior to the endorsement. Carried. 8. Redesignation of Public Utilitv Lots There was no new information on this item. June 25, 2004 Municipal Planning Commission Page 85 Cb 7. Land Use Changes #04 LUA 019 - Pt. SE 31-20-14-W4 Plan 8710064 Block 1 Lot 3 -Division 8 Dahlbilt Ltd.(Owner) Carl Dahl (Applicant) To re-designate approximately 11.6 hectares (28.66 acres) from CRZ - Country Residential 2 District to CR -Country Residential District to allow amulti-lot subdivision Moved by B. McKellar that we recommend to Council that consideration be given to first reading of a bylaw to re-designate approximately 11.6 hectares (28.66) acres of land in Pt. SE 31-20-14-W4, Plan 8710064 Block 1 Lot 3, from CR2 -Country Residential 2 District to CR -Country Residential District. Carried. 2. #04 LUA 018 - NW 24-14-14-W4 -Division 1 Marinus and Phyllis Smit (Owners and Applicants) To re-designate approximately 9.51 acres from A -Agricultural District to RUR -Rural Residential District Marinus and Phyllis Smit were in attendance at the meeting and arrived at 10:47 a.m. Moved by B. McKellar that we recommend to Council that consideration be given to ,.- first reading of a bylaw to re-designate approximately 9.51 acres of land in NW 24-14-14- W4, from A -Agricultural District to RUR -Rural Residential District. Carried. Marinus and Phyllis Smit left the meeting at 10:52 a.m. 3. #04 LUA 020 - Pt. NW 21-18-15-W4 -Division 5 Whaley & Doug Mar (Owner) Cam Christianson, Midwest Surveys (Applicant) To re-designate approximately 43.65 ha (107.87 ac) from A -Agricultural District to AI - Agricultural Industrial to develop a Livestock Truck Wash Facility Cameron Christianson, of Midwest Surveys, was in attendance at the meeting and arrived at 11:03 a.m. Moved by Councillor Musgrove that we recommend to Council that consideration be given to first reading of a bylaw to re-designate approximately 43.65 ha (107.87 ac) from A - Agricultural District to AI -Agricultural Industrial District. Carried. Cameron Christianson, of Midwest Surveys, left at 11:05 a.m. June 25, 2004 Municipal Planning Commission Page 86 8. Council & S.D.A.B. Report Chairman Baksa gave this report. 9. Development Report - Mav 19, 2004 to June 21, 2004 Moved by B. McKellar that we accept the Development Report. Carried. 10. Correspondence 1. Ruth Steinbach -Thank You Card A Thank You Card from Ruth Steinbach was circulated to the members. 2. Town of Brooks -South Industrial Area Structure Plan A circulation copy of the South Industrial Area Structure Plan was distributed to the members. Administration was directed to respond that we have to objections to the plan. 11. Development Permits 1. Permit #2638 - NW 8-24-15-W4 -Division 9 Terri Kimmel (Owner & Applicant) Variance to Land Use Bylaw #1443-03 -Dwelling Units Per Parcel Existing Temporary Moved in Building -One Year Period Moved by Councillor Musgrove that we classify this use as a "Temporary Moved in Building" as a "Dwelling Unit" being a discretionary use within the A -Agricultural District and that we approve Development Permit #2638 as a 6-month non-transferable temporary permit for a temporary residence, to be located within a portion of the NW 8-24- 15-W4, and where the following is required prior to the issuance of this permit: a) That the applicant enter into an agreement with the County of Newell agreeing to move the dwelling from the property at the applicants expense within six (6) months. The applicant is responsible for the preparation of the agreement and the costs for registering the agreement on title and the corresponding discharge. June 25, 2004 Municipal Planning Commission Page 87 C-6 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 proposed development complying with the Alberta Building Codes where applicable. 4. The developer ensuring the dwelling unit is removed six (6) months from the date of approval. No extensions shall be granted. Carved. 2. Permit #2646 -Plan 9411176 Unit 4 -Division 5 Gerald Karapita (Owner & Applicant) Variance Request -Rear Yard Setback Request -Deck Enclosure Moved by B. McKellar that we classify this use as a "Dwelling Unit Addition" being a permitted use within the RRl -Resort Recreational District and that we grant approval for Development Permit #2646 for the construction of an addition, being a deck enclosure, to be located within Plan 9411176 Block 4 Unit 4, granting the following variance: i) 3.03 m (10 ft.) to Section 91.4 Rear Yard Setback Requirement, 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 providing the Development Officer a letter from the Lake Newell Resort Condominium Association, approving this development. 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 91 of Land Use Bylaw #1443-03 pertaining to the RR1 -Resort Residential District. 3. The developer ensuring the following setbacks are maintained for the proposed development: Front Side Rear *3.0 m **1.5 m ***4.47 m (As Varied by the Municipal Planning Commission). * Minimum distance to be maintained from subdivision streets or service roads. ** For Zero lot line subdivisions one side yard may be reduced to zero and the other 3 metres. ***Minimum distance to be maintained from property lines. 4. The proposed development complying with the Alberta Building Code where applicable. 5. 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. June 25, 2004 Municipal Planning Commission Page 88 ~~ 6. The developer ensuring the property is maintained to the satisfaction of the Development Officer. 7. The developer ensuring construction materials, supplies and equipment are stored on the property and not on the public roadway. 8. The developer ensuring the continuous clean up of construction debris tracked onto the public roadway where access is provided to the property. 9. The developer ensuring this development is located as shown on the site plan submitted on June 4, 2004, any changes to that plan shall require the written approval of the Development Officer. 10. This permit is being granted only for the development of a deck enclosure, on Plan 9411176 Block 4 Unit 4. Any additional development shall require prior approval of a separate permit application. 11. The developer ensuring the proposed addition is consistent with the purpose of the land use district and that the design, character and appearance of the proposed addition is compatible with other buildings in the vicinity. Carried. 3. Permit #2645 - Ptn. NE 35-16-13-W4 -Division 2 Dan-Lin Farms Ltd. (Owner) Dan Wester (Applicant) Relaxation of Front Yard Setback Requirement Moved in Manufactured Home - Agricultural Residence Moved by Bruce McKellar that we not grant a setback waiver for Development Permit #2645 and refuse this application as it does not meet the setback or dwelling units per parcel policy of Land Use Bylaw #1443-03. Carried. 4. Permit #2644 - NW 6-22-12-W4 -Division 3 John Ostafichuk (Owner) Darin Drader (Applicant) Existing Manufactured Home -Agricultural Residence Moved by Councillor Musgrove That we classify this use as a "Dwelling Unit", being a manufactured home being discretionary use within the A -Agricultural District and that approval be granted for Development Permit #2644 for a manufactured home, on the NW 6- 22-12-W4, where the following are required prior to commencement of construction and the issuance of the permits: 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 entering into an agreement with the County of Newell for the installation and/or upgrade of any required road approaches to the parcel. This agreement shall, at the applicant's expense, be registered as a caveat against the lands, if required. June 25, 2004 Municipal Planning Commission Page 89 C~ 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 **3 m **3 m **Minimum distance to be maintained from property lines. 4. The proposed development complying with the Alberta Building Code where applicable. 5. The developer obtaining and complying with 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. 6. The developer ensuring an adequate supply of water is provided for this use. 7. The developer being responsible for all costs associated with the modification of water and sewer services and franchise utilities to provide service to the property. 8. The developer ensuring the site is graded so that storm water does not drain onto adjoining properties. 9. The developer ensuring there is proper and legal access provided to the property. 10. The developer ensuring there is proper disposal of sewage and waste from this use. 11. The developer ensuring the appropriate septic system is utilized for this development. 12. The developer ensuring the property is maintained to the satisfaction of the Development Officer. 13. The developer ensuring construction materials, supplies and equipment are stored on the property and not on the public roadway. 14. The developer ensuring the continuous clean up of construction debris tracked onto the public roadway where access is provided to the property. 15. The developer ensuring this development is located as shown on the site plan submitted on June 2, 2004. Any changes to that plan shall require the written approval of the Development Officer. 16. This permit is being granted only for the development of a manufactured home on the NW 6-22-12-W4. Any additional development shall require prior approval of a separate permit application. 17. The developer ensuring the manufactured home is skirted with materials the same as, or consistent with, the remainder of the building. 18. The developer ensuring the manufactured home is consistent with the purpose of the land use district and that the design, character and appearance of the proposed buildings are compatible with other buildings in the vicinity. 19. The developer ensuring the property is not used for conducting a business or commercial operation. Carried. June 25, 2004 Municipal Planning Commission Page 90 5. Permit #2620 -Plan 041 Block B (Former Plan 152 FK Block 5 Lot B) Christopher and Sazah Zottl (Owners) Mr. & Mrs. Carman Wilcox (Applicant/Purchasers) Moved in Dwellins Unit and Construction of Accessory Building Moved by B. McKellaz that we classify this "Moved in Building" as a "Single-Detached Dwelling" being a discretionary use within the HR -Hamlet Residential District, and that approval be granted for Development Permit #2620 for a moved in single detached dwelling, with the construction of a deck and attached garage, to be located on Plan 041 Block B (former Plan 152 FE Block 5 Lot B), where the following azea required prior to commencement of construction: 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 entering into an agreement with the County of Newell for the installation and/or upgrade of any required road approaches to the pazcel. This agreement shall, at the applicant's expense, be registered as a caveat against the lands, if required. c) The developer providing the County of Newell with an Irrevocable Letter of Credit in the amount of $5,000 to ensure the requirements of the following conditions are met: i) This development being placed on a permanent foundation within six months from the date of approval, ii) Painting of the dwelling, iii) New roofing materials and one new door iv) Restoration of windows and subject to the following conditions: _. 1. The proposed development complying with all Federal, Provincial and Municipal statutes, regulations, codes and standazds. 2. The proposed development complying with the provisions of Section 86 of Land Use Bylaw #1443-03 pertaining to the HR -Hamlet Residential District. 3. The developer ensuring the following setbacks are maintained for the proposed development: Front(South) Flankage (West) Side (East) Rear *30 m *30 m **1.5 **3 m * Minimum distance to be maintained from public roadway right of ways. ** Minimum distance to be maintained from property lines. 4. The proposed development complying with the Alberta Building Code where applicable. 5. The developer obtaining, and complying with, 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. 6. The developer ensuring an adequate supply of water is provided for this use. June 25, 2004 Municipal Planning Commission Page 91 ~` ~ 7. The developer being responsible for all costs associated with the modification of water r' and sewer services to provide service to the proposed development. All this work shall be to the satisfaction of the Hamlet Advisory Committee. The developer shall contact, Mr. Ted Dickinson, Chairman of the Rolling Hills Advisory Committee (403-364-3731), prior to backfilling, to review all connections. The developer shall also be responsible for the restoration of the street, to the satisfaction of the Superintendent of Public Works, when these services are installed. 8. The developer ensuring the site is graded so that storm water does not drain onto adjoining properties. 9. The developer ensuring there is proper and legal access provided to the property. 10. The developer ensuring there is proper disposal of sewage and waste from this use. 11. The developer ensuring the property is maintained to the satisfaction of the Development Officer. 12. The developer ensuring construction materials, supplies and equipment are stored on the property and not on the public roadway. 13. The developer ensuring the continuous clean up of construction debris tracked onto the public roadway where access is provided to the property. 14. The developer ensuring this development is located as shown on the site plan submitted on June 10, 2004, any changes to that plan shall require the written approval of the Development Officer. 15. This permit is being granted only for the development of a moved in single-detached dwelling with deck and attached garage on Plan 041 Block B (former Plan 152 FK Block 5 Lot B (within the SE 6-15-13-W4). Any additional development shall require `-- prior approval of a separate permit application. 16. The developer ensuring the design, character and appearance of the proposed building, . deck and attached garage are consistent with the land use district and other buildings in the vicinity. 17. The developer ensuring the exterior of the proposed attached garage is sided with materials the same as, or consistent with, the exterior of the existing building. 18. The developer ensuring the property is not used for conducting a business or commercial operation. 19. The developer ensuring landscaping of the property is complete within two years from the date of approval. 20. The developer ensuring all outdoor garbage containers are covered and screened from the public roadways. 21. There being no objections received from the Hamlet Advisory Committee. 22. There being no objections received from the Agricultural Service Board. Carried. June 25, 2004 Municipal Planning Commission Page 92 ~,6 6. Permit #2640 - NW 33-19-14-W4 Plan 891 0771 Block 1 Lot 3 Tanis Forden (Owner & Applicant) Temporary Residential Unit -Three-Year Period Variance to Land Use Bylaw #1443-03-Section 55 Dwelling Units Per Parcel Moved by B. McKellar that we classify this use as a "Temporary Residential Unit" being a discretionary use within the CR -Country Residential District, and that we approve Development Permit #2640 as a six (6) month temporary permit for the existing temporary residence to be located on Plan 891 0771 block 1 Lot 3 (within NW 33-19-14-W4) subject to the following conditions: a) The applicant commencing the subdivision process for this property prior to commencement of construction and the issuance of this permit 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 83 of Land Use Bylaw #1443-03 pertaining to the CR -Country Residential District. 3. The developer ensuring there is proper disposal of sewage and waste from this use. 4. The developer ensuring an adequate supply of water is provided for this use. 5. The developer ensuring the property is maintained to the satisfaction of the Development Officer. 6. The developer ensuring the continuous clean up of construction debris tracked onto the public roadway where access is provided to the property. 7. The developer ensuring the temporary residence is not used for rental purposes. 8. This permit being valid for a time period of six (6) months from the date of approval, where the temporary use shall be discontinued, unless renewal has been applied for and granted prior to that date. Carried. Lunch The Commission recessed for lunch from 11:57 a.m. to 1:19 p.m. 7. Permit #2626 - SE 12-17-13-W4 Plan IRR 1099 E -Division 2 Eastern Irrigation District (Owner) Kevin Bridges/Mark Porter (Applicant) Relaxation Request -Section 73 -Front Yard Setback Requirement Moved by Councillor Musgrove we classify this as a "Telecommunications Facility" being a discretionary use within the A -Agricultural district and that approval be granted, without variance, for Development Permit # 2626 for the development of a Communication Tower, on Plan IRR 1099E (within SE 12-17-13 W4) subject to the following conditions: June 25, 2004 Municipal Planning Commission Page 93 C~ 1. The proposed development complying with all Federal, Provincial and Municipal r'- statutes, regulations, codes and standards. 2. The proposed development complying with the provisions of Section 78, pertaining to the A -Agricultural District of Land Use Bylaw #1443-03. 3. The developer ensuring the following setbacks are maintained for the proposed development: Front (North) Flankage (East) Side Rear *30 m **30 m ***3 m ***3 m * Minimum distance to be maintained from the public roadway right of way. ** Minimum distance to be maintained from the secondary highway right of way. Minimum distance to be maintained from property lines. 4. The developer obtaining, and complying with, 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. 5. The developer being responsible for all costs associated with the modification of franchise utilities to provide service to the site. 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 this development is located as shown on the site plan submitted ,,.- on June 7, 2004, any changes to that plan shall require the written approval of the Development Officer. 10. This permit is being granted only for the development of EIDNet Communication Tower on Plan 1099E (within the SE 12-17-13 W4); any additional development shall require prior approval of a separate permit application. 11. The developer ensuring that all free standing towers shall be designed to prevent climbing or sliding down. 12. The developer ensuring that the use of any portion of a tower or antenna for signs, other than to provide a warning of equipment information is not permitted. 13. The developer ensuring that if the telecommunications facility, or antenna equipment become obsolete, it is removed and the development site reclaimed. All this work shall be done within six months. 14. The developer ensuring that the appropriate form of lighting is utilized for this development acceptable to Transport Canada. 15. The developer providing the Development Officer with a copy of an approved application issued by Transport Canada. 16. The developer ensuring there is no contamination of soil, surface water or groundwater from this use. 17. 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. This agreement shall, at the applicant's expense, be registered as a caveat against the lands, if required. June 25, 2004 Municipal Planning Commission Page 94 ~~~ 18. There being no objections received from Alberta Transportation. 19. The developer addressing, to the satisfaction of Alberta Transportation, any concerns put forward by Alberta Transportation. 20. That the developer providing the County of Newell with a copy of an approved Roadside Development Permit issued by Alberta Transportation, if required by Alberta Transportation. Carried. 8. Permit #2623 - SE 18-19-14-W4 Plan 001 1361 Block 2 Lot 7 -Division 10 ARC Pipelines & Construction Ltd. (Owner) Tony Schimmel (Applicant) Office for Contractors Yard Moved by B. McKellar that the Municipal Planning Commission classify this use as a "Office", for the purposes of a Contractor's Yard, being a permitted use within the LI - Light Industrial District and that approval be granted for Development Permit #2623 for the development of prefabricated office, on Plan 0011361 Block 2 Lot 7 (within SW 18-19-14- 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) Where water is required and available, the developer entering into a Rural Water Use Purposes Agreement with the Eastern Irrigation District, and providing evidence of this agreement. c) The developer providing the County of Newell with a copy of an approved Roadside Development Permit issued by Alberta Transportation. d) The developer ensuring that all Development Agreement conditions have been satisfied to the satisfaction of the County. e) The developer commence the process to consolidate Lot 7 Block 2 Plan 0011361 within Lot 6 Block 2 Plan 0011361. 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 95 of Land Use Bylaw #1443-03 pertaining to the LI -Light Industrial District. 3. The developer ensuring the following setbacks are maintained for the proposed . development: Front Rear Side *7.5 m **3 m **3 m *Minimum distance to be maintained from the right-of--way of subdivision streets or service roads. ** Minimum distance to be maintained from property lines. 4. The proposed development complying with the Alberta Building Code where applicable. June 25, 2004 Municipal Planning Commission Page 95 ~~ 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 May 4, 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 prefabricated office, on Plan 0011361 Block 2 Lot 7 (within the SE 18-19-14-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. 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 0011363 and Utility Right of Way Plan 0012165. June 25, 2004 Municipal Planning Commission Page 96 ~~ 25. The developer ensuring that an appropriate form of dust suppression is maintained at this site. 26. There being no objections from the Town of Brooks. 27. The developer addressing, to the satisfaction of Alberta Transportation, any concerns put forward by Alberta Transportation. Carried. 9. Permit #2624 - SE 18-19-14-W4 Plan 0011361 Block 2 Lot 6 -Division 10 ARC Pipelines & Construction Ltd. (Owner) Tony Schimmel (Applicant) Industrial Building for'Contractors Yard Moved by B.McKellar That the Municipal Planning Commission classify this use as a "Contractors Yard", being a discretionary use within the LI -Light Industrial District and that approval be granted for Development Permit #2624 for the development of an industrial shop, for the purposes of a contractor's yard, on Plan 001 1361 Block 2 Lot 6 (within SW 18-19-14-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) Where water is required and available, the developer entering into a Rural Water Use Purposes Agreement with the Eastern Irrigation District, and providing evidence of this agreement. c) The developer providing the County of Newell with a copy of an approved Roadside Development Permit issued by Alberta Transportation. d) The developer ensuring that all the Development Agreement conditions, of Subdivision File 99 NL 019, have been satisfied to the satisfaction of the County. e) The developer commencing the process to consolidate Lot 7 Block 2 Plan 0011361 with Lot 6 Block 2 Plan 0011361. 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 95 of Land Use Bylaw #1443-03 pertaining to the LI -Light Industrial District. 3. The developer ensuring the following setbacks are maintained for the proposed development: Front Side Rear *7.5 m **3 m **3 m *Minimum distance to be maintained from the right-of--way of subdivision streets or service roads. ** Minimum distance to be maintained from property lines. 4. The proposed development complying with the Alberta Building Code where applicable. June 25, 2004 Municipal Planning Commission Page 97 C'_C', 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 May 4, 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 prefabricated office, on Plan 0011361 Block 2 Lot 7 (within the SE 18-19-14-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. 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 0011363 and Utility Right of Way Plan 0012165. ,--- June 25, 2004 Municipal Planning Commission Page 98 ~~ 25. The developer ensuring that an appropriate form of dust suppression is maintained at this site. 26. There being no objections from the Town of Brooks. 27. The developer addressing, to the satisfaction of Alberta Transportation, any concerns put forward by Alberta Transportation. Carried. 10. Permit #2649 - Ptn. NW 13-17-14-W4 -Division 2 Kim Miller (Owner & Applicant) Construction of Accessory Building Moved by Councillor Musgrove 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 #2649 for the development of an accessory building, for the purposes of vehicular and general storage, on lands legally described as NW 13-17-14-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 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 June 10, 2004. Any changes to that plan shall require the written approval of the Development Officer. June 25, 2004 Municipal Planning Conunission Page 99 11. This permit is being granted only for the development of a detached garage, for vehicular and general storage, on lands legally described as NW 13-17-14-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 62 m2 (676 ft.2) in total area. 14. The developer ensuring the accessory building does not exceed 4 m (13.1 ft.) in overall height. 15. The developer ensuring the accessory walls do not exceed 2.5 m (8 ft.) in height. 16. The developer ensuring the proposed accessory building is not used for living purposes. 17. The developer ensuring the property is not used for conducting a business or commercial operation. Carried. 11. Permit #2641- Plan 0111873 Block 3 Lot 2 Within Ptns. SW 27 & NW 22-18-14-W4 -Division 5 Laverne & Shirley Krauss (Owners) Mr. & Mrs. Fritzler (Applicant/Purchaser) Moved in Manufactured Home & Construction of Accessory Building Moved by Councillor Musgrove that we classify these uses as "Dwelling Unit" being a moved in manufactured home and an "Accessory Building" being discretionary uses within •--- the A -Agricultural District and that approval be granted for Development Permit #2641 for a manufactured home and accessory building, for the purposes of vehicular and general storage, on Plan 011 1873 Block 3 Lot 2 (within Ptns. NW 22 & SW 27-18-14-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 entering into an agreement with the County of Newell for the installation and/or upgrade of any required road approaches to the parcel. c) The developer entering into a Rural Water Use Purposes Agreement with the Eastern Irrigation District where water is required and providing evidence of this agreement. d) The developer providing the Development Officer with written evidence from a person qualified in the installation of septic systems that the proposed septic system is suitable for the land. and subject to the following conditions: 1. The proposed development complying with all Federal, Provincial statutes, regulations, codes and standards. 2. The proposed development complying with the provisions of Section Bylaw #1443-03 pertaining to the A -Agricultural District. and Municipal 79 of Land Use June 25, 2004 Municipal Planning Commission Page 100 G~ 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 property lines. 4. The proposed development complying with the Alberta Building Code where applicable. 5. The developer obtaining and complying with 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. 6. The developer ensuring an adequate supply of water is provided for this use. 7. The developer being responsible for all costs associated with the modification of water and sewer services and franchise utilities to provide service to the property. 8. The developer ensuring the site is graded so that storm water does not drain onto adjoining properties. 9. The developer ensuring there is proper and legal access provided to the property. 10. The developer ensuring there is proper disposal of sewage and waste from this use. 11. The developer ensuring the appropriate septic system is utilized for this development. 12. The developer ensuring the property is maintained to the satisfaction of the Development Officer. 13. The developer ensuring. construction materials, supplies and equipment are stored on the property and not on the public roadway. 14. The developer ensuring the continuous clean up of construction debris tracked onto the public roadway where access is provided to the property. 15. The developer ensuring this development is located as shown on the site plan submitted on June 3, 2004. Any changes to that plan shall require the written approval of the Development Officer. 16. This permit is being granted only for the development of a moved in 1994 manufactured home and the construction of an accessory buildings on Plan 0111873 Block 3 Lot 2 (within Ptn. NW 22 and SW 27-18-14-W4). Any additional development shall require prior approval of a separate permit application. 17. The developer ensuring the manufactured home is skirted with materials the same as, or consistent with, the remainder of the building. 18. The developer ensuring the accessory building is consistent with the purpose of the land use district and that the design, character and appearance of the proposed buildings are compatible with other buildings in the vicinity. 19. The developer ensuring the exterior of the proposed accessory building is sided with materials the same as, or consistent with, the exterior of the proposed manufactured home. 20. The developer ensuring there is a 2 m (6.6 ft.) separation distance between the proposed accessory buildings and the proposed manufactured home. 21. The developer ensuring the total area of the proposed accessory buildings does not exceed 78 m2 (840 ft.z). 22. The developer ensuring the property is not used for conducting a business or commercial operation. 23. The developer becoming the registered owner of the property. June 25, 2004 Municipal Planning Commission Page 101 24. The developer ensuring that the existing non-conforming buildings are removed from ~"`' the property within two years from the date of approval. Carried. 12. Permit #2647 - Ptn. E %x 28-20-14-W4 -Division 8 Plan 041 (Former Plan 7710532, RW 33 and Ptn. E %i 28-20-14-W4) -Division 8 Village of Duchess (Owner) Vern Sentis, Brisbin &Sentis Engineering Inc. (Applicant) Wastewater LaQOOn Expansion Moved by Councillor Musgrove that we classify these uses as a ""Sewage Lagoon" and "Wastewater Treatment Facility" being discretionary uses within the P-SL/WT -Public Sewage Lagoon/Wastewater Treatment Plant District and that approval be granted for Development Permit #2647 for a Sewage Lagoon and Wastewater Treatment Plant Expansion on Plan 041 (within Ptn. E %i 28-20-14-W4), where the following are required prior to approval and issuance of this permit: a) 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. This agreement shall, at the applicant's expense, be registered as a caveat against the lands, if required. b) The developer providing the County of Newell with written evidence of Alberta Environments approval for this development. c) Consolidation of Plan 7710532, Ptn. RW 33 and those portions of the E %Z 28-20-14-W4. .- 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 100 of Land Use Bylaw #1443-03 pertaining to the P-SL/WT -Public Sewage Lagoon/Wastewater Treatment Plant District. 3. The developer ensuring the following setbacks are maintained for the proposed development: Front Side Flankage Rear *30 m *7 m *30 m * 7 m * Minimum distance to be maintained from public roadways. ** Minimum distance to be maintained from property lines. 4. The proposed development complying with the Alberta Building Code where applicable. 5. The developer obtaining and complying with 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. 6. The developer ensuring an adequate supply of water is provided for this use. 7. The developer ensuring the site is graded so that storm water does not drain onto adjoining properties. 8. The developer ensuring there is proper and legal access provided to the property. 9. The developer ensuring that there is an all weather road provided to the site. Maintenance of this shall be the responsibility of the property owner. .--. June 25, 2004 Municipal Planning Commission Page 102 C~ 10. The developer ensuring that an appropriate form of dust suppression is maintained at this site. 11. The developer ensuring the property is maintained to the satisfaction of the Development Officer. 12. The developer ensuring construction materials, supplies and equipment are stored on the property and not on the public roadway. 13. The developer ensuring the continuous clean up of construction debris tracked onto the public roadway where access is provided to the property. 14. The developer ensuring this development is located as shown on the site plan submitted on June 7, 2004. Any changes to that plan shall require the written approval of the Development Officer. 15. This permit is being granted only for the development of a sewage lagoon and wastewater treatment plant expansion, on Ptn. E %Z 28-20-14-W4. Any additional development shall require prior approval of a separate permit application. 16. The developer ensuring that the fencing shall be a minimum of 2.5 m (8.2 ft.) in height around the lagoon and wastewater treatment plant. This fencing shall be located away from the outside toe of the berms in order to facilitate mowing and/or maintenance operations and in accordance with Alberta Environment requirements. 17. The developer addressing, to the satisfaction of Eastern Irrigation District, any concerns put forward by the Eastern Irrigation District. 18. The developer ensuring there is no contamination of soil, surface water or groundwater from this use. 19. The developer ensuring all hazardous waste materials are properly disposed of in regulated facilities. 20. The developer ensuring that adequate groundwater monitoring is conducted, as required by Alberta Environment, and that copies of applicable reports are supplied to the County of Newell. Carried. 12. Home Occupation/Home Industry Permits 1. Permit #168 - SE 29-20-14-W4 -Division 8 Ramer Ranches Ltd. (Owner) Kathy Ramer (Applicant) Discount Vehicles Rental Service (Five Light Cars & Trucks) Moved by Councillor Musgrove that we classify this as a "Home Industry Major" being a discretionary use within the A -Agricultural District and that approval be granted for Home Industry Major Permit #168 for a Discount Vehicle Rental Service, on the SE 29-20-14-W4, where the following are required prior to approval and issuance of this permit: a) The developer providing the County of Newell with a copy of an approved Roadside Development Permit issued by Alberta Transportation, if required by Alberta Transporation. June 25, 2004 Municipal Planning Commission Page 103 ~ :? and 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 five. 4. The applicant ensuring that no more than five light weight rental vehicles are used in conjunction with this Home Industry Major. No other commercial vehicles or rental 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 no noise, vibration, smoke, dust or odours, which may affect adjacent landowners or development, are created from this Home Industry Major. 7. The applicant ensuring adequate parking space is available for this use. 8. The developer ensuring there is no contamination of soil, surface water or groundwater from this use. 9. The developer ensuring that the rental vehicles are washed in a regulated facility and not washed on the premises. 10. The developer addressing, to the satisfaction of Alberta Transportation, any concerns put forward by Alberta Transportation. 11. This permit being valid for a time period of three years from the date of approval, at which time it maybe either revoked or renewed by the Development Authority. It is the ~^ responsibility of the applicant to apply a minimum of two months prior to its expiration. Carried. 13. Agricultural Support Services Permits There were no Agricultural Support Services Permit items. 14. Subdivisions There were no Subdivision items. 15. Statutory Plans -New & Amendments There were no Statutory Plan items. 16. Other Business There were no Other Business items. ~-- June 25, 2004 Municipal Planning Commission Page 104 17. Post Agenda Items 1. Lawyer Shantz -Development Agreement for Installation of Road Approaches The Planner provided information on the registration of Road Approach Agreement Caveats. 2. Land Use Bylaw Amendments The Planner is proposing twice a year consolidation of our Land Use Bylaw. 18. Ouestion Period A question period took place. 19. Information items There were no information items. 20. Adiourn The Chairman declared the meeting adjourned at 2:34 p.m. C~~.x.~. CHAIlZMAN ~w ADMI1~iISTRATOR June 25, 2004 Municipal Planning Commission Page 105