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HomeMy WebLinkAbout2004-10-26 Municipal Planning Commission (Regular) MinutesCounty of Newell No. 4 Minutes of Municipal Planning Commission Meeting October 26, 2004 The regular Municipal Planning Commission Meeting of the County of Newell No. 4 was held in the County Office at Brooks, AB on Tuesday, October 26, 2004 commencing at 10:00 a.m. Members Present Chairman C. Vermeeren Councillors I. Schroeder H. Wutzke Members B. McKellar S. Swenson County Planner T. Henry Development Control Officer P. Urban Administrator A. Martens Executive Assistant C. Isaac 1. Call to Order The Administrator called the meeting to order at 9:58 a.m. ~'" 2. Nomination/Volunteer & Election of Chairman The Administrator called for nominations, or volunteers, for the position of Chairman. B. McKellar nominated Councillor Vermeeren. As there were no further nominations or volunteers, the Administrator declared that nominations cease. Councillor Vermeeren was declared Chairman and assumed the chair. 3. Nomination/Volunteer & Election of Vice Chairman The Chairman called for nominations, or volunteers, for the position of Vice Chairman. Councillor Wutzke nominated B. McKellar (declined). S. Swensen nominated Councillor Wutzke. As there were no further nominations or volunteers, Councillor Vermeeren declared that nominations cease. Councillor Wutzke was declared Vice Chairman. 4. Excused from Meeting All members were in attendance at the meeting. October 26, 2004 Municipal Planning Commission Page 1 c ~~ 5. Minutes 1. September 28, 2004 Minutes of the September 28, 2004 meeting were presented to the Commission. Moved by B. McKellar that we adopt these minutes as presented. Carried. 6. Call for Post Agenda Items The Chairman called for post agenda items. 7. Adoption of A eg nda Moved by Councillor Schroeder that the agenda be adopted as amended. Carried. 8. 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 Garage) Moved by B. McKellar that we classify this use as a "Single-Detached Dwelling Addition" being a permitted use within the HR - Hamlet Residential District, and that approval be granted for Development Permit #2578 for the development of a 54 mZ (576 ft.2) attached garage on Plan 1349 BA, Block 7, Lot 17, granting the following variance to the single detached dwelling: i) 4.07 m (13.35 ft.) to Section 86.4 Front Yard Setback, of the single detached dwelling with deck enclosure, and ii) 3.48 m (11.4 ft.) to Section 66(2)(c), Projection Over Yards, of the single detached dwelling with deck, for the existing step such that it be allowed to be located 1.524 m (5.0 ft.) from the front property line, and iii) 1.6 m (5.3 ft.) to Section 86.4 for the attached garage. 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. October 26, 2004 Municipal Planning Commission Page 2 -~ ~.v " ~ 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 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 (as varied by the Municipal Planning Commission) Side Flankage Rear *3.43 m **1.5 m *3 m ** 3m * 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 all other required permits including electrical, heating & ventilation, gas & plumbing from an accredited inspection agency and providing copies of the applicable permits to the Development Officer prior to the commencement of construction. 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. 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 January 18, 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 single detached dwelling addition, being a 54 m2 (576 ft.2) attached garage, on Plan 1349 BA, Block 7, Lot 17 (within Ptn. NW 20-20-13-W4). Any additional development shall require prior approval of a separate permit application. 15. The developer ensuring the exterior of the proposed addition is sided with materials the same as, or consistent with, the exterior of the existing building. 16. The developer ensuring the property is not used for conducting a business or commercial operation. Carried. October 26, 2004 Municipal Planning Commission Page 3 Pj ~ V .. 2. Permit #2684 - NE 4-19-14-W4 Plan 1872 FR, Pazcel A -Division 10 Conex Rentals Corporation (Owner) Harold Stuckert (Applicant) Variance to Land Use Bylaw #1443-03 -Front Yazd Setback Existing Office Complex There was no new information on this item. 9. Council & S.D.A.B. Report The Administrator gave this report. 10. Development Report -September 22, 2004 to October 20, 2004 Moved by B. McKellar that we accept the Development Report. Carried. 11. Correspondence 1. Town of Brooks -Draft Copy of the Northwest Sector Area Structure Plan A Draft copy of the Northwest Sector Area Structure Plan was presented to the Commission. Administration was directed to respond with the Planner's comments and noting that the ~~~ document should refer to the Lakeside MDS. ` ~"" 12. Development Permits 1. Permit #2689 - NW 7-19-14-W4 -Division 10 Brooks Lube & Alignment Ltd. (Owner) Doug Lazson (Applicant) Outdoor Storage Facility !Vehicle Storage), Well Servicing Operation Moved by B. McKellaz that we classify this use as a "Storage Facility" and a "Well Servicing Operation" being permitted uses within the I - Industrial District and that approval be granted for Development Permit Application #2689 for an outdoor storage facility containing 1.00 acre, for vehicular storage, and a well servicing operation containing 1.00 acre, on Plan 4057 JK, Parcel A (within NW 7-19-14-W4), where the following are required prior to issuance of this permit: a) The developer ensuring the total operational areas, described in this application, are fenced with new materials consisting of 2.5 m solid metal clad fencing. October 26, 2004 Municipal Planning Commission Page 4 __ ~.V. 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, and amendments thereto, pertaining to the I -Industrial District. 3. The developer ensuring the following setbacks aze maintained for the proposed development: Front Side Flankage Reaz *30 m **3 m *30 m **3 m * Minimum distance to be maintained from public roadway right of way or secondary highways. ** 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 there is proper and legal access provided to the property. 10. The developer ensuring the property is maintained to the satisfaction of the Development Officer. 11. The developer ensuring construction materials, supplies and equipment aze 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 September 30, 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 an outdoor storage facility containing 1.00 acre, for vehicular storage, and, a well servicing operation containing 1.00 acre, on Plan 4057 JK, Pazcel A (within NW 7-19-14 W4M). Any additional development shall require prior approval of a separate permit application. 15. The developer ensuring there is no contamination of soil, surface water or groundwater from this use. 16. The developer ensuring all hazardous waste materials are properly disposed of in regulated facilities. 17. The developer ensuring all outdoor garbage containers are stored in weatherproof -- and animal-proof containers and are covered and screened from the public roadways. ~ October 26, 2004 Municipal Planning Commission Page 5 ~,v, 18. The developer ensuring that there is no storage, or stacking, of vehicles, trailers, pipe, equipment or materials relating to this use, outside the fenced area. 19. There being no objections received from Alberta Energy & Utilities Boazd (AEUB). --- Carried. 2. Permit #2702 - NW 7-19-14-W4 Plan 4057 J.K., Pazcel A -Division 10 Brooks Lube & Alignment Ltd. (Owner) Doug Larson (Applicant) Auto Wreckage and Salvage Yard, Construction of 557 m2 (6, 000 ft.Z) Metal clad & Soft Sided Buildings & Temporary Skid Mounted Office Moved by Councillor Wutzke that we classify these buildings and uses as an "Office," being a permitted use within the I -Industrial District, and an "Auto Wreckage and Salvage Yard" being a discretionary use within the I -Industrial District and that approval be granted for Development Permit Application #2702 for the construction of a 557 m2 (6, 000 ft.2) metal clad building with office; a 557 m2 (6, 000 ft.Z) soft sided building and a 45 m2 (480 ft.2) skid mounted temporary office for the purposes of an auto wreckage and salvage yazd, containing 2.5 acres, on Plan 4057 J.K., Pazcel A (within NW 7-19-14-W4), granting the following variances to the setback requirements of Schedule J, Section 1: i) 942 m (3,093 ft.) to the residence located on Plan 4057 J.K., Parcel A, and; ii) 775 m (2,545 ft.) to the residence located on the adjacent pazcel legally described as Ptn. NW 7-19-14-W4. where the following are required prior to commencement of construction and issuance of this permit: _ a) The developer providing an updated geographical survey of the auto wreckage site, indicating the following: i) exact locations of the proposed buildings in relation to property lines and the public roadway, including location of a sewage disposal system, ii) signage requirements, iii) public pazking azeas, iv) azea in use, defined as operational area and; v) location of proposed 2.5 m solid metal clad fence. b) The developer providing the Development Officer with a written detailed submission of the methods proposed in the collection and disposal of hazardous waste created from this operation. c) The developer providing a copy of a detailed landscaping treatment or screening plan for the pazcel. This screening may be in the form of natural deciduous and evergreen trees and shrubs, as a satisfactory means to reduce visibility from the public roadway located to the west. d) 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. October 26, 2004 Municipal Planning Commission Page 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 96 of Land Use Bylaw #1443-03, and amendments thereto, pertaining to the I -Industrial 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 public roadway right of way or secondary highways. ** 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. 6. The developer shall contact Mr. Kevin Swanson, Fire Chief, of the 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. 7. The developer ensuring access can be provided for Emergency Services vehicles to three sides of the proposed buildings. 8. The developer ensuring an adequate supply of water is provided for this use. 9. The developer ensuring the site is graded so that storm water does not drain onto adjoining properties. 10. The developer ensuring there is proper and legal access provided to the property. 11. 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. 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 September 30, 2004. Any changes to that plan shall require the written approval of the Development Officer. 16. This permit is being granted only for the construction of a 557 m2 (6, 000 ft.2) metal clad building with office; a 557 m2 (6, 000 ft.2) soft sided building and 45 m2 (480 ft.2) skid mounted temporary office, for the purposes of an auto wreckage and salvage yard, containing 2.5 acres on Plan 4057 J.K., Parcel A (within NW 7-19-14- W4. Any additional development shall require prior approval of a separate permit application. October 26, 2004 Municipal Planning Commission Page 7 c,J~ 17. The developer ensuring the proposed buildings are consistent with the purpose of the land use district and that the design, character and appearance of the proposed buildings are compatible with, or exceeds the standards of, other buildings in the vicinity. 18. The developer ensuring the exterior of the proposed building is sided with materials the same as, or consistent with, other buildings in the vicinity. 19. The developer ensuring there is a 2 m (6.6 ft.) separation distance between the proposed buildings. 20. The developer ensuring there is no contamination of soil, surface water or groundwater from this use. 21. The developer ensuring all hazardous waste materials are properly disposed of in regulated facilities. 22. The developer ensuring all outdoor garbage containers are stored in weatherproof and animal-proof containers and are covered and screened from the public roadways. 23. The developer ensuring adequate parking space is available for this use. 24. The developer ensuring that an appropriate form of dust suppression is maintained at this site at all times. This shall be in the form of crushed rock, pavement, or other means satisfactory to the Development Authority. 25. The developer ensuring that there is no storage, or stacking, of vehicles, trailers, pipe, equipment or materials relating to this use, outside the fenced area. 26. The developer ensuring the temporary office be removed upon occupancy of the new building, not later that one year from the date of the permit approval. 27. The developer ensuring landscaping of the property is complete within two years from the date of approval. Carried. 3. Permit #2598 -Ptn. SW 9-19-14-W4 -Division 10 Richard Smith (Owner & Applicant) Request for Time Extension -Existing Temporary Living Accommodations (14 Temporary Campers) Refusal of Development Permit #2598, Issuance of Warning Letter A letter, from Richard Smith, requesting a time extension to a Warning Letter issued by the County of Newell Development Authority was accepted for information purposes. Recess The Commission recessed from 10:54 a.m. to 10:59 a.m. October 26, 2004 Municipal Planning Commission Page 8 e.~- 12. Development Permits - Cont'd 4. Permit #2691- NW 31-18-14-W4 Plan 041 (Former Plan 9811297, Block 1, Lot 2) -Division 5 Erwin & Sylvia Ochsner (Owners) Erwin Ochsner (Applicant) Moved in Manufactured Home A letter, from Alma Allen, regarding untidy/unsightly items was distributed to the members. The Commission referred this item to a future meeting when the subdivision requirements are satisfied. 5. Permit #2696 - SW 3-19-14-W4 Plan 9710449, Block 2 -Division 10 Ted Wald Services, Ltd. (Owner) Randy Drader - Wanrade Contractors, Ltd. (Applicant) Legalize Existing Contractors Yard The Commission referred this item to a future meeting when it is determined if access to the remnant parcel has been addressed by Alberta Transportation. 6. Permit #2700 - SW 28-20-14-W4 Plan 0410427, Block 2, Lot 2 -Division 8 ,.- BH Surveys Ltd. (Owner) Benoit Hupe (Applicant) Variance Request -Section 83.8 -Accessory Building Restrictions to Construct an Oversized Accessory Building Moved by B. McKellar that we classify this building and use as an "Accessory Building" being a permitted use within the CR - Country Residential District and that approval be granted for Development Permit Application #2700 for the construction of a 185 m2 (2,000 ft.Z) accessory building, for the purposes of general and vehicular storage, on Plan 0410427, Block 2, Lot 2 (within SW 28-20-14-W4), granting the following variances: i) .79m (2.6 ft.) to Section 83.8(c) for the overall height and; ii) 1.8 m (5.8 ft.) to Section 83.8(d), for the wall height 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 a Roadside Development Agreement with Alberta Transportation, if required by Alberta Transportation and providing evidence of this agreement. October 26, 2004 Municipal Planning Commission Page 9 ~" ~ ~ 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, and amendments thereto, pertaining to the CR -Country Residential District. 3. The developer ensuring the following setbacks aze maintained for the proposed development: Front Side Flankage Reaz *30 m **3 m *30 m **3 m * Minimum distance to be maintained from public roadway right of way or secondary highways. ** 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 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. 11. The developer ensuring this development is located as shown on the site plan submitted on September 29, 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 185 m2 (2,000 ft.2) accessory building, for the purposes of general and vehicular storage, on Plan 0410427, Block 2, Lot 2 (within the SW 28-20-14-W4). Any additional development shall require prior approval of a separate permit application. 13. The developer ensuring the exterior of the proposed building is sided with materials the same as, or consistent with, the exterior of the existing building. 14. 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 building is compatible with, or exceeds the standazd of, other buildings in the vicinity. 15. The developer ensuring there is a 2 m (6.6 ft.) separation distance between the proposed accessory building and the existing buildings. 16. The developer ensuring the accessory building does not exceed 186 m2 (2,002 ft.2). October 26, 2004 Municipal Planning Commission Page 10 __ e~ 17. The developer ensuring the accessory building does not exceed 5.79 m (19 ft.) in height, as varied by the Municipal Planning Commission. 18. The developer ensuring the accessory building walls do not exceed 4.3 m (14. ft.) in height, as varied by the Municipal Planning Commission. 19. The developer ensuring the proposed accessory building is not used for living purposes. 20. The developer ensuring the proposed accessory building is not used for conducting a business or commercial operation. 21. The developer ensuring landscaping of the property is complete within two yeazs from the date of approval. 22. The developer ensuring all outdoor gazbage containers are stored in weatherproof and animal-proof containers and aze covered and screened from the public roadways. 23. There being no objections received from the Village of Duchess. 24. The developer addressing, to the satisfaction of Alberta Transportation, any concerns put forward by Alberta Transportation. Carried. Recess The Commission recessed for lunch from 12:01 p.m. to 1:12 p.m. .- 12. Development Permits - Cont'd 7. Permit #2706 - NE 24-17-14-W4 Plan 8210607, Block 1, Lot 1 -Division 2 Taza Baynham (Owner & Applicant) Moved in Buildin~LSinQle Detached Dwelling with Construction of Deck A letter, from Darrell and Alice Kube, regazding the existing home on the applicant's lot, was presented to the Commission as information. Moved by Councillor Wutzke that we classify this "Moved in Building" as a "Single Detached Dwelling" being a discretionary use within the CR -Country Residential District and that a~proval be granted for Development Permit #2706 for the development of a 98 mZ (1,056 ft. )moved in 1966 single detached dwelling, with deck, on Plan 8210607, Block 1, Lot 1 (within NE 24-17-14-W4), where the following aze 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 or Household Purposes Agreement with the Eastern Irrigation District, and providing evidence of this agreement. ,.- October 26, 2004 Municipal Planning Commission Page 11 ~ ~~ 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. This - agreement shall, at the applicant's expense, be registered as a caveat against the lands, if required. 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 permanent foundation within six months from the date of approval, ii) new windows, new roofing materials, new exterior finish of vinyl or stucco are completed within one year from the date of approval and; e) The developer removing the existing dilapidated dwelling. 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, and amendments thereto, pertaining to the CR - Country Residential 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 public roadway right of way or secondary highways. ** 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 the site is graded so that storm water does not drain onto adjoining properties. 7. The developer ensuring there is proper and legal access provided to the property. 8. 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. 9. The developer ensuring all outdoor garbage containers are stored in weatherproof and animal-proof containers and are covered and screened from the public roadways. 10. The developer ensuring an adequate supply of water is provided for this use. 11. The developer ensuring construction materials, supplies and equipment are stored on the property and not on the public roadway. October 26, 2004 Municipal Planning Commission Page 12 ~ ~ 4 12. The developer ensuring the property is maintained to the satisfaction of the ~ Development Officer. 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 October 6, 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 98 mZ (1,056 ft. z) moved in 1966 single detached dwelling with deck on Plan 8210607, Block 1, Lot 1 (within the NE 24-17-14W4). Any additional development shall require prior approval of a separate permit application. 16. 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, or exceeds the standard of, other buildings in the vicinity. 17. The developer ensuring the property is not used for conducting a business or commercial operation. Carried. 13. Home Occupation/Home Industry Permits There were no Home Occupation/Home Industry Permit items. 14. Agricultural Sunnort Services Permits There were no Agricultural Support Services Permit items. 18. Post Agenda 1. Planning Proiects in Progress The County Planner provided the Commission with an update of the progress of planning projects. October 26, 2004 Municipal Planning Commission Page 13 /.~ U l/ , 15. Land Use Changes 1. #03 LUA 003 -Bantry Bay, Pt. SW 5-18-14-W4 -Division 5 Elizabeth Redelback (Owner) Ron Redelback (Applicant) From A -Agricultural District to MHP -Mobile Home Park District Ron Redelback was in attendance at the meeting and arrived at 1:35 p.m. and provided information on this application. Moved by Councillor Wutzke that we refer this item to the next meeting so that clarification on land ownership can be presented. Carried. Ron Redelback left the meeting at 2:05 p.m. 18. Post Agenda - Cont'd 1. Planning Proiects in Progress - Cont'd The County Planner continued with her update of the progress of planning projects. The Commission discussed the need for an Orientation on the Land Use Bylaw and the Municipal Development Plan for new members. 15. Land Use Changes - Cont'd 2. #04 LUA 25 - Pt. NW 23-18-16-W4 -Division 5 Eastern Irrigation District (Owner & Applicant) From A -Agricultural District to RUR -Rural Residential District Moved by Councillor Schroeder that we recommend to Council that consideration be given to first reading of a bylaw to re-designate approximately 11.36 acres of land in Pt. NW 23- 18-16-W4, from A -Agricultural District to RUR -Rural Residential District. Carried. October 26, 2004 Municipal Planning Commission Page 14 Ci ~ ~ c 16. Subdivisions 1. #04 NL 019 - SE 6-15-13-W4 Plan 5280 F.K., Block 6, Lot 13 -Division 1 Terry & Marjorie Daniels (Owners & Applicants) Subdivision of a HR Lot to Create 2 Lots Moved by Councillor Schroeder that we recommend to Council approval of Subdivision #04 NL 019, to allow for the subdivision of a HR Lot to Create 2 Lots, subject to the following conditions: 1. The registration of a caveat for the dedication of a 5-metre strip of land along the southern boundary of lot 13 for future road widening to be purchased at a rate that is consistent with County policy at that time. 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 and remnant parcels. The applicant may be responsible for the costs associated with the installation, removal or modification of services. This includes tie-ins to Hamlet services. 4. The applicant entering into an agreement with the County of Newell for the installation, removal and/or improvements of any required road approaches to the proposed and/or remnant parcels. 5. The applicant providing and receiving approval of construction plans, if required by -- the County's Public Works Department. Such plans may include: stormwater management plan, lot grading plan, infrastructure plan, and drawings depicting ditch and road profiles. 6. All outstanding municipal taxes being paid prior to endorsement. Carried. 2. #04 NL 020 - Pt. SW 13-20-13-W4 -Division 3 Mark & Alice Morris (Owners) Brian Morris (Applicant) Subdivision of Rural Residential lot from agricultural land Moved by Councillor Wutzke that we recommend to Council approval of Subdivision #04 NL 020, to allow for the Subdivision of a Rural Residential lot from Agricultural land, 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 Alberta Transportation for the installation, removal and/or upgrade of any required road approaches to the proposed and/or remnant parcels, if required by Alberta Transportation. October 26, 2004 ~ Municipal Planning Commission Page 15 D r 4. The applicant meeting any requirements of the Eastern Irrigation District with respect to the conveyance of water as well as easements. 5. The applicant signing the declaration noted in the County's Municipal Development - Plan #1442-03, policy 3.7.c. 6. That all outstanding municipal taxes be paid prior to the endorsement. Carried. 3. #04 NL 021- Pt. S %2 11-19-14-W4 Plan 6866 J.K., Parcel A -Division 10 308303 Alberta, Ltd. (Owner) Gordon Preston (Applicant) Boundary adjustment of two Rural Residential lots to create one lot of 7.87 acres and another of 4.56 acres Moved by B. McKellaz that we recommend to Council approval of Subdivision #04 NL 021, to allow for the boundary adjustment of two Rural Residential lots to create one lot of 7.87 acres and another lot of 4.56 acres, subject to following conditions: 1. That all oil and gas company leases, rights of way and board orders, be carried forwazd, when the subdivision mylaz is registered at Land Titles Office. 2. The applicant providing easements to franchise utilities for services to the proposed pazcels. 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, upgrading and/or removal of any required road approaches to the proposed and/or remnant pazcels. 4. The applicant providing and receiving approval of construction plans, if required by the County's Public Works Department. Such plans may include: stormwater management plan, lot grading plan, infrastructure plan, and drawings depicting ditch and road profiles. 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 shall provide the County certification from a Safety Codes Officer, certifying that the sewage disposal system for the dwelling meets Provincial legislation, regulations and standazds. 7. The applicant signing the declazation noted in the County's Municipal Development Plan #1442-03, policy 3.7.c. 8. That all outstanding municipal taxes be paid prior to the endorsement. Carried. 18. Post Agenda - Cont'd 2. Possible EID/County of Newell Water Provision Agreement Administration is investigating options on the supply of water from the Eastern Irrigation District to residential development within the County of Newell No. 4. October 26, 2004 Municipal Planning Commission Page 16 -. (~ - 3. Possible Text Amendment Moved by Councillor Wutzke that we recommend to Council that consideration be given to first reading of a bylaw to delete the current "Petro-Chemical Processing Facility" definition on Page 19 (130) of Land Use Bylaw 1443-03 and replace it with the following: "Petro-Chemical Processing Facility" means a facility for the processing of oil related products into petro-chemicals for distribution to the general public or others. Additional uses may include the recycling of such products." Carried. 4. Permit #2709 - SW 1-19-14-W4 -Division 10 R.C. Baksa Stores, Ltd. (Owner) Jackie Boseley (Applicant) Moved in 1993 Manufactured Home with 80 ftz Addition (Porch) Moved by Councillor Wutzke that we classify this "Moved in Building" as a "Manufactured Home" being a permitted use within the MHP - Manufactured Home Park District and that approval be granted for Development Permit # 2709 for the development of a 113 m2 (1,216 ft.2~ moved in 1993 manufactured home, with 7.5 m2 (80 ft.2) porch addition, on Sagebrush Estates Lot #15 (within SW 1-19-14-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. 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 84 of Land Use Bylaw #1443-03, and amendments thereto, pertaining to the MHP -Manufactured Home Park District. 3. The developer ensuring the following setbacks are maintained for the proposed development: Front Side Rear *3 m **6 m ***3 m * Minimum distance to be maintained from the manufactured home park street. ** Minimum distance to be maintained from the adjacent manufactured home pad. *** Minimum distance to be maintained from any park boundary. 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. October 26, 2004 Municipal Planning Commission Page 17 ,v, 6. The developer ensuring the site is graded so -that storm water does not drain onto adjoining properties. 7. The developer ensuring there is proper and legal access provided to the property. 8. The developer ensuring there is proper disposal of sewage and waste from this use. 9. The developer ensuring all outdoor gazbage containers aze stored in weatherproof and animal-proof containers and are covered and screened from the public roadways. 10. The developer ensuring an adequate supply of water is provided for this use. 11. The developer ensuring construction materials, supplies and equipment aze stored on the property and not on the public roadway. 12. The developer ensuring the property is maintained to the satisfaction of the Development Officer. 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 October 15, 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 113 m2 (1,216 ft.2) moved in 1993 manufactured home, with 7.5 m2 (80 ft.2) porch addition, on Sagebrush Estates Lot #15 (within SW 1-19-14-W4). Any additional development shall require prior approval of a sepazate permit application. 16. The developer ensuring the proposed building is consistent with the purpose of the land use district and that the design, character and appeazance of the proposed building is compatible with, or exceeds the standard of, other buildings in the vicinity. 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 exterior of the proposed addition is sided with materials the same as, or consistent with, the exterior of the proposed building. 19. The developer ensuring the property is not used for conducting a business or commercial operation. 20. The developer ensuring adequate pazking space is available for this use. Carried. 19. Question Period A question period took place. 20. Information Items There were no information items October 26, 2004 Municipal Planning Commission Page 18 (.~ '~~ 17. Other Business 1. Councillor/MPC Member Orientation Councillor Vermeeren will report to Council about the possibility of organizing a planning orientation as the last item on the next MPC agenda. 21. Adjourn Moved by Councillor Wutzke that the meeting adjourn at 3:16 p.m. Carried. ~~ ~~~ ADMINISTRATOR October 26, 2004 Municipal Planning Commission Page 19