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HomeMy WebLinkAbout2004-07-23 Municipal Planning Commission (Regular) Minutesc~ County of Newell No. 4 .-~ ~ Minutes of Municipal Planning Commission Meeting July 23, 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, July 23, 2004 commencing at 10:00 a.m. Members Present Chairman C. Baksa Councillors G. Musgrove E. Moss Members B. McKellar R. Steinbach County Planner T. Henry Development Control Officer P. Urban Administrator A. Martens Executive Assistant C. Isaac 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. 3. Minutes 1. June 25, 2004 Minutes of the June 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 A enda Moved by Councillor Steinbach that the agenda be adopted as amended. Carried. .-- July 23, 2004 Municipal Planning Commission Page 1 l~ 6. Business from Minutes 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 Garagel There was no new information on this item. 2. Permit #155 - SW 6-19-13-W4, Plan 0012244, Block 1-Division 10 Harold & Barbara Wutzke (Owners) Harold Wutzke (Applicant) Commercial Truck Storage Moved by Councillor Musgrove that the following motion be lifted from the table: Moved by R. Steinbach that we classify this as a "Home Industry Minor" being a discretionary use within the A -Agricultural District and that approval be granted for Home Industry Permit #1 SS for Commercial Truck Storage on Plan 0012244 Block 1 (within SW 6-19-13-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 ofjrsite employees, not including the occupants of the residence involved with the said occupation, not exceedingfour. 4. The applicant ensuring adequate parking space is available for this use. 5. The applicant ensuring that no more than three 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 of goods 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 minor. 8. The developer ensuring there is no contamination of soil, surface water or groundwater from this use. 9. The developer entering into a Road Use Agreement with the County of Newell which shall include, but not be limited to, an annual application of calcium. 10. The developer contacting the Development Off cer, prior to March 17, 2004, to arrange a suitable date on which to conduct a site inspection of the truck storage facility. 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 hours of operation being limited to from 6: 00 a.m. to 10:00 p.m. Carried. Moved by Councillor Moss that we refuse this application as the applicant has requested that it be withdrawn. Carried. July 23, 2004 Municipal Planning Commission Page 2 G~ 3. Definition -Truck and Trailer Wash There was no new information on this item. 4. Statutory Planning The County Planner provided an update on this item. Moved by R. Steinbach that we recommend to Council that the Hamlet boundaries be accepted as presented. Carried. 5. Redesi~nation of Public Utility Lots There was no new information on this item. 7. Council & S.D.A.B. Report ~^ Chairman Baksa gave this report. 8. Development Report -June 22, 2004 to June 30 2004 Moved by Councillor Moss that we accept the Development Report. Carried. 9. Correspondence 1. Tanis Forden -Extension to Permit #2640 A request for extension was reviewed. No further action was made. 2. Town of Brooks -Land Use Amendment -File #2004 LUB 003 A letter from the Town of Brooks regarding amendments to their Land Use Bylaw was presented to the Commission. The County Planner is to respond that we have no objections to their proposals. July 23, 2004 Municipal Planning Commission Page 3 Gc' 10. Development Permits 1. Permit #2645 - Ptn. NE 35-16-13-W4 -Division 2 Dan-Lin Farms Ltd. (Owner) Dan Wester (Applicant) Temporary Placement of Manufactured Home - 3 Year Period Variance to Land Use Bylaw #1443-03 -Section 73 -Front Yard Setback Requirement and Variance to Section 55 -Dwelling Units Per Parcel Moved by Councillor Moss that we classify this use as a "Temporary Residence" being a moved in 1979 manufactured home being a discretionary use within the A -Agricultural District, that variance be granted to Section 55 of the Land Use Bylaw #1143-03 to permit the additional agricultural residence and that approval be granted for Development Permit #2645 fora 1979 manufactured home, with a deck and porch, on lands legally described as the NE 35-16-13-W4, for a period of three years with no option to renew, where the following is required prior to commencement of construction and the 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. 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 a copy of an approved Roadside Development Permit issued by Alberta Transportation. 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 (North) Side Flankage (East) Rear *30 m ***3 m **30 m ***3 m * Minimum distance to be maintained from Secondary Highways. ** Minimum distance to be maintained from developed 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. - July 23, 2004 Municipal Planning Commission Page 4 L~ 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 aze 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 1979 moved in manufactured home, with a deck and porch, on lands legally described as NW 35-16- 13-W4. Any additional development shall require prior approval of a separate permit application. 17. The developer ensuring the proposed manufactured home is skirted with materials the same as, or consistent with, the remainder of the building. ~--- 18. The developer ensuring the accessory buildings aze consistent with the purpose of the land use district and that the design, chazacter and appeazance of the proposed buildings aze compatible with other buildings in the vicinity. 19. The developer ensuring the property is not used for conducting a business or commercial operation. 20. The developer addressing, to the satisfaction of Alberta Transportation, any concerns put forward by Alberta Transportation. 21. The developer ensuring the manufactured home is removed three years from the date of approval. Carried. Councillor Musgrove excused himself at 10:55 a.m. 2. Permit #2651 - NE 17-21-15-W4 -Division 7 Thomas Dale Parker (Owner) Tom Pazker (Applicant) Moved in Dwelling Unit Moved by B. Mckellaz to postpone making a decision until a site plan is received. Carried. ,-- July 23, 2004 Municipal Planning Commission Page 5 Councillor Musgrove returned to the meeting at 11:00 a.m. 3. Permit #2654 - SW 5-19-15-W4 Plan 041 (Former Plan 7710951, Block 2) -Division 5 Paul & Marie Hofer (Owners) Marie Hofer (Applicant) Placement of Manufactured Home (2004 Model) Moved by Councillor Moss that we classify this use as a "Manufactured Home", being a discretionary use within the CR -Country Residential District and that approval be granted for Development Permit #2654 fora 2004 manufactured home, on Plan 041 (Former Plan 7710951, Block 2, (within SW 5-19-15-W4), where the following are 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 satisfying all of the conditions of Subdivision File 04 NL 010, to the . satisfaction of the County Planner. 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 83 of Land Use Bylaw #1443-03 pertaining to the CR -Country Residential District. 3. The developer ensuring the following setbacks are maintained for the proposed development: Front Side Rear *30 m **3 m **30 m * Minimum distance to be maintained from developed 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 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. The developer ensuring the appropriate septic system is utilized for this development. July 23, 2004 Municipal Planning Commission Page 6 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 14, 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 2004 manufactured home Plan 041 (Former Plan 7710951, Block 2) within SW 5-19-15-W4. Any additional development shall require prior approval of a separate permit application. 16. The developer ensuring the manufactured home is skirted with materials the same as or consistent with the remainder of the building. 17. The developer ensuring the property is not used for conducting a business or commercial operation. 18. The developer ensuring the proposed development maintains the minimum required separation distance from the flowing gas well located at 12-5-19-15-W4. 19. The developer ensuring the proposed development maintains a minimum 30 metre setback from the CPR Railway right-of--way. Carried. ~^ 4. Permit #2662 - NE 35-18-15-W4 Plan 8211419, Block 1, Lot 6 -Division 5 Percy Robert Smith & Fern A. Skuban (Owners) Rob Smith (Applicant) Moved in Metal Compartments -Mini Storage Facility Moved by B.Mckellar that we classify this use as a "Storage Facility" being a permitted use within the LI -Light Industrial District, and that approval be granted for Development Permit #2662 for the placement of twenty five metal compartments, for the purposes of a storage facility, on Plan 8211419, Block 1, Lot 6, (within NE 35-18-15-W4), where the following are required prior to commencement of construction 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 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. July 23, 2004 Municipal Planning Commission Page 7 vM 3. The developer ensuring the following setbacks aze maintained for the proposed development: Front Side Reaz *7.5 m **3 m **3 m * Minimum distance to be maintained from 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. 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 an adequate supply of water is provided for this use. 8. The developer ensuring the site is graded so that storm water does not drain onto adjoining properties. 9. The developer ensuring the property is maintained to the satisfaction of the Development Officer. 10. The developer ensuring construction materials, supplies and equipment are stored on the property and not on the public roadway. 11. The developer ensuring the continuous clean up of construction debris tracked onto the public roadway where access is provided to the property. 12. The developer ensuring this development is located as shown on the site plan submitted on June 17, 2004. Any changes to that plan shall require the written approval of the Development Officer. 13. This permit is being granted only for the development of twenty-five metal compartments, for the purposes of general storage, on Plan 8211419, Block 1, Lot 6, within the NE 35-18-15-W4. Any additional development shall require prior approval of a separate permit application. 14. The developer ensuring the proposed development is consistent with the purpose of the land use district and that the design, character and appeazance of the proposed development is compatible with, or exceeds the standards of, the other buildings in the vicinity. 15. The developer ensuring landscaping of the property is contiguous on the northern and western boundaries of the property. This landscaping shall be complete within two years from the date of approval. 16. The developer ensuring there is no contamination of soil, surface water or groundwater from this use. 17. The developers ensuring the proposed storage facilities are not used for living purposes. 18. The developer ensuring that the proposed storage facilities aze not used for the storage of hazardous waste materials. July 23, 2004 Municipal Planning Commission Page 8 U3 19. The developer ensuring all hazardous waste materials are properly disposed of in '''~ regulated facilities. 20. The developer ensuring that an appropriate form of dust suppression is maintained at this site. 21. The developer addressing, to the satisfaction of Alberta. Transportation, any concerns put forward by Alberta Transportation. 22. The developer shall, at no cost to the County, be responsible for all costs associated with the relocating of the storage facilities and any required landscaping, to provide for future road widening or service road extensions. 23. The developer ensuring the perimeter of the property is surrounded by chain link fencing with privacy slats on the northern and western boundaries. Carried. 5. Permit #2663 - NW 31-18-15-W4 Plan 0311968, Block A, Lot 3 -Division 5 Dwight & Becky Wigemyr (Owners) Ryan Salonka (Applicant) Moved in Single Detached Dwelling Moved by Councillor Musgrove that we classify this "Moved in Building" as a "Single Detached Dwelling" being a discretionary use within the CR2 -Country Residential 2 District, and that approval be granted for Development Permit #2663 for a moved in dwelling with the construction of a deck, on Plan 031 1968, Block A, Lot 3, (within NW 31- 18-15-W4), where the following are required prior to commencement of construction and issuance of this permit: a) The developer becoming the registered owner of the property. b) 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 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 County of Newell with an irrevocable letter of credit, or other form of security to the satisfaction of the municipality, in the amount of $5,000.00 to ensure that the requirements of the following conditions are met: i) this development is complete, as specified, being placed on a concrete foundation within six months from the date of approval and ii) new front windows, new roofing materials, new exterior finish of vinyl or stucco are completed within one year from the date of approval and; subject to the following conditions: 1. The proposed development complying with all Federal, Provincial and Municipal . statutes, regulations, codes and standards. July 23, 2004 Municipal Planning Commission page 9 2. The proposed development complying with the provisions of Section 82 of Land Use Bylaw #1443-03 pertaining to the CR2 -Country Residential 2 District. 3. The developer ensuring the following setbacks are maintained for the proposed development: Front(North) Side Flankage(West) Rear *30 m ***3 m **7.5 m ***7.5 m * Minimum distance to be maintained from public roadways. ** Minimum distance to be maintained from 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. 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 there is proper disposal of sewage and waste from this use. The developer ensuring the appropriate septic system is utilized for this . development. 10. The developer ensuring the property is maintained to the satisfaction of the Development Officer. 11. The developer ensuring construction materials, supplies and equipment are stored on the property and not on the public roadway. 12. The developer ensuring the continuous clean up of construction debris tracked onto the public roadway where access is provided to the property. 13. The developer ensuring this development is located as shown on the site plan submitted on June 24, 2004. Any changes to that plan shall require the written approval of the Development Officer. 14. This permit is being granted only for the development of a moved in single detached dwelling with the construction of a deck, on Plan 0311968, Block A, Lot 3, (within the NW 31-18-15-W4). Any additional development shall require prior approval of a separate permit application. 15. The developer ensuring the design, character and appearance of the proposed building and deck are consistent with other buildings in the vicinity. 16. The developer ensuring the property is not used for conducting a business or commercial operation. Carried. July 23, 2004 Municipal Planning Commission Page 10 C6~ 6. Permit #2668 - Ptn. NW 24-17-13-W4 -Division 2 '^ Eastern Irrigation District (Owner) Kevin Bridges (Applicant) EIDNet Communications Tower Moved by Councillor Moss that we table this application. Carried. 11. Home Occunation/Home Industry Permits There were no Home Occupation/Home Industry Permit items. 12. Agricultural Support Services Permits There were no Agricultural Support Services Permit items. 13. Land Use Changes 1. 04 LUA 022 - Pt. NE 19-15-15-W4 Plan 7811389, Block 3, Lot 5 -,Division 4 County of Newell (Owner) Johan Wiebe (Applicant) From HC -Hamlet Commercial District "" To HSF -Hamlet Single-FamilyResidential District Moved by Councillor Musgrove that we recommend to Council that consideration be given to first reading of a bylaw to re-designate approximately 0.8 acres in Pt. NE 19-15-15-W4, Plan 7811389, Block 3, Lot 5, from HC -Hamlet Commercial District to HSF -Hamlet Single-Family Residential District. Carried. 14. Subdivisions 1. #04 NL 013 - Pt. S %2 13-19-14-W4 -Division 10 Airth Farms Ltd. (Owner) Jock Airth (Applicant) Required consolidation for development permit #2592 Moved by R. Steinbach that we recommend to Council approval of Subdivision #04 NL 013 to allow for the consolidation of agricultural parcels, subject to the following conditions: 1. That the parcels be consolidated by plan. 2. 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. 3. 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. July 23, 2004 Municipal Planning Commission Page 11 C.S~ 4. The applicant entering into an agreement with the County of Newell for the installation, removal and/or upgrade of any required road approaches to the proposed and/or remnant parcels. 5. The applicant meeting all the requirements of the Eastern Irrigation District with respect to the conveyance of water as well as easements. 6. The applicant entering into a Rural Water Use Purposes Agreement with the Eastern Irrigation District and providing evidence of this agreement. 7. The applicant providing a geotechnical report noting the current sewer systems for all dwellings is appropriate or installation of separate septic tank systems for all dwellings on site, including the proposed dwelling as approved from development permit #2592 with copies of certificates of installation for each system. 8. That all outstanding municipal taxes be paid prior to the endorsement. 9. The developer addressing, to the satisfaction of Alberta Environment, any concerns put forward by Alberta Environment. Carried. 15. Statutory Plans -New & Amendments 1. Land Use Bylaw #1443-03 The planner reviewed the recommended changes to the Land Use Bylaw #1443-03. Lunch The Commission recessed for lunch from 12:04 p.m. to 1:19 p.m. 15. Statutory Plans -New & Amendments - Cont'd The Municipal Planning Commission provided their feedback regarding the recommendation and directed the County Planner to amend and bring the report back for further comments. 14. Subdivisions - Cont'd Tom Grove was in attendance at the meeting and arrived at 1:33 p.m. July 23, 2004 Municipal Planning Commission Page 12 2. #04 NL 015 - Pt. NW 23-20-14-W4 -Division 8 '` Tom & Joanne Grove (Owners & Applicants) Subdivision of Rural Residential lot from agricultural land Moved by Councillor Musgrove that we recommend to Council approval of Subdivision Application 04 NL 015, to allow for the subdivision of a rural residential lot from agricultural land, subject to the following conditions: 1. The applicant consolidating the remnant parcels with SE 26-20-14-W4 by plan. 2. 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. 3. 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. 4. The applicant entering into an agreement with the County of Newell for the installation, removal and/or upgrade of any required road approaches to the proposed and/or remnant parcels. 5. The applicant entering into an agreement, to be registered on title, for a shared access to the proposed and remnant parcel. 6. The applicant providing and receiving approval of construction plans, if required, by the County's Public Works Department. Such plans may include: storm water management plan, lot grading plan, infrastructure plan, and drawings depicting ditch and road profiles. 7. The applicant meeting any requirements of the Eastern Irrigation District with '" respect to the conveyance of water as well as easements. 8. The applicant signing the declaration noted in the County's Municipal Development Plan #1442-03, policy 3.7.c. 9. That all outstanding municipal taxes be paid prior to the endorsement. Carried. Tom Grove left the meeting at 1:36 p.m. 13. Land Use Changes - Cont'd Greg Skriver was in attendance at the meeting and arrived at 1:38 p.m. 1. 04 LUA 021 - SW 5-17-13-W4 -Division 5 Alice Skriver (Owner & Applicant) From A - Agricultural District to RUR -Rural Residential District Moved by Councillor Moss that we recommend to Council that consideration be given to first reading of a bylaw to re-designate approximately 2.23 ha (5.5 ac) of land in SW 5-17- 13-W4, from A -Agricultural District to RUR -Rural Residential District. Carried. r- July 23, 2004 Municipal Planning Commission Page 13 V Greg Skriver left the meeting at 1:45 p.m. 10. Development Permits - Cont'd Kevin Bridges, of the Eastern Irrigation District, was in attendance at the meeting and arrived at 1:47 p.m. 6. Permit #2668 - Ptn. NW 24-17-13-W4 -Division 2 Eastern Irrigation District (Owner) Kevin Bridges (Applicant) EIDNet Communications Tower Moved by B. Mckellar that this item be lifted from the table. Carved. Moved by Councillor Musgrove that we classify this as a "Telecommunications Facility" being a discretionary use within the A -Agricultural district and that approval be granted for Development Permit # 2668 for the development of a Communication Tower, on lands legally. described as NW 24-17-13-W4 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, 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 Side Rear *30 m **3 m **3 m * Minimum distance to be maintained from the public roadway 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. - July 23, 2004 Municipal Planning Commission Page 14 c~ ~- 16. 17 9. The developer ensuring this development is located as shown on the site plan submitted on June 28, 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 an EIDNet Communication Tower on lands legally described as NW 24-17-13-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. There being no objections received from the Village of Tilley. 18. That this tower be set back a minimum of 30 m from any existing dwellings. Carried. Kevin Bridges, of the Eastern Irrigation District, left the meeting at 2:26 p.m. Other Business There were no Other Business items. Post Agenda Items 1. Clarification on Concert Plan for Subdivision 04 NL 005 The Municipal Planning Commission discussed the Concept Plan required for subdivision 04 NL 005. July 23, 2004 Municipal Planning Commission Page 15 18. Question Period A question period took place. 19. Information Items There were no information items. 20. Adiourn The Chairman declared the meeting adjourned at 2:29 p.m. C'~.9ar~a.s CHAIRMAN l~~ ADMINISTRATOR July 23, 2004 Municipal Planning Commission Page 16