HomeMy WebLinkAbout2004-11-30 Municipal Planning Commission (Regular) MinutesCounty of Newell No. 4
Minutes of Municipal Planning Commission Meeting
%- November 30, 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, November 30, 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 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. October 26, 2004
Minutes of the October 26, 2004 meeting were presented to the Commission. Moved by
Councillor Wutzke 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 B. McKellar that the agenda be adopted as amended. Carried.
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6. Business from Minutes
Permit #2684 - NE 4-19-14-W4 Plan 1872 FR, Parcel A -Division 10
Conex Rentals Corporation (Owner) Harold Stuckert (Applicant)
Variance to Land Use Bylaw #1443-03 -Front Yard Setback
Existing Office Complex
There was no new information on this item.
2. 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
There was no new information on this item.
3. Permit #2696 - SW 3-19-14-W4 Plan 9710449, Block 2 -Division 10
Ted Wald Services, Ltd. (Owner)
Randy Drader, Warrade Contractors, Ltd. (Applicant)
Legalize Existing Contractors Yard
Moved by Councillor Schroeder that we classify this building and use as a "Contractors'
Yard" being a discretionary use within the HWYC -Highway Commercial District, and that
approval be granted for Development Permit Application #2696 for the existing operation of
a Contractors Yard on Plan 9710449, Block 2, (within SW 3-19-14-W4) containing 1.90
acres, where the following are required prior to issuance of this permit:
a) The developer entering into a Roadside Development Agreement with Alberta
Transportation, if required by Alberta Transportation and providing evidence of this
agreement.
b) The developer providing a copy of a detailed landscaping treatment or screening
plan for the parcel. 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 south.
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 94 of Land Use
Bylaw #1443-03, and amendments thereto, pertaining to the HWYC -Highway
Commercial District.
November 30, 2004
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Municipal Planning Commission Page 2
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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. 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 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.
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 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 this development is located as shown on the site plan
approved in this application, and submitted on September 21, 2004. Any changes to
that plan shall require the written approval of the Development Officer.
13. This permit is being granted only for the existing use of 1.90 acres, for the purposes
of a Contractors Yard, on Plan 9710449, Block 2 (within SW 3-19-14-W4). Any
additional development shall require prior approval of a separate permit application.
14. The developer ensuring all outdoor garbage containers are stored in weatherproof
and animal-proof containers and are covered and screened from the public roadways.
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 adequate parking space is available for this use.
18. 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.
19. There being no objections received from the Town of Brooks.
November 30, 2004
Municipal Planning Commission
Page 3
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20. The developer addressing, to the satisfaction of Alberta Transportation, any concerns
put forward by Alberta Transportation. -
21. The developer ensuring landscaping of the property is complete within two years
from the date of approval.
Carried.
7. Council & S.D.A.B. Report
Councillor Vermeeren gave this report and informed the Commission that research is
currently being conducted to investigate the potential for the County to obtain a water
license.
8. Development Report -October 21, 2004 to November 24, 2004
Moved by B. McKellar that we accept the Development Report. Carried.
9. Correspondence
1. Town ofBrooks -Northeast Sector Area Structure Plan
A draft copy of the Northeast Sector Area Structure Plan for the Town of Brooks was -
distributed to the Commission. Administration was directed to respond with our concerns on
landscaping along the Trans Canada Highway and on storm water drainage.
6. Business from Minutes - Cont'd
Ron Redelback was in attendance at the meeting and arrived at 10:24 a.m.
4. #03 LUA 003 -Bantry Bay, Pt. SW 5-18-14-W4 -Division 5
Elizabeth Redelback (Owner) Ron Redelback (Applicant)
From A -Agricultural District to DC -Direct Control District
Ron Redelback mentioned that he is in discussion with the EID regarding an easement for
the use of EID property for an access road.
The County Planner mentioned that some %2 acre lots and another access road are included
on the East portion of this property. The access road is 20-metres wide and the development
is approximately 29.3 acres.
November 30, 2004 Municipal Planning Commission Page 4
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B. McKellar stated that it is important that none of the properties are landlocked from the
F^ main access road. Ron Redelback stated that he is willing to construct appropriate access
from the required parcel(s) to ensure entry to the main access road.
Moved by Councillor Wutzke that we recommend to Council that consideration be given to
first reading of a bylaw to re-designate approximately 29.3 acres of land in Pt. SW 5-18-14-
W4, from A -Agricultural District to DC -Direct Control District. Carried.
Ron Redelback left the meeting at 10:42 a.m.
10. Development Permits
Sarah Meggitt, Sheldon Taylor, Tina Taylor, and Pat Cote were in attendance at the meeting
and arrived at 10:43 a.m.
SW 10-19-14-W4 Plan 9611766, Block 4, Lot 12 -Division 10
Brian & Sarah Meggitt (Owners) Sarah Meggitt (Applicant)
Variance Request -Section 83.9 -Keeping of Horses
CR -Country Residential District, Section 83
Sheldon Taylor stated that the smell and manure are a nuisance to the enjoyment of his
property. Mr. Taylor mentioned that these horses have gotten loose in the past, which
caused significant damage to his yard.
Sarah Meggitt stated that there is an agreement with Neil Johnson to put the manure where it
is currently located, and that the manure is disposed of daily. Ms. Meggitt mentioned that a
horse did get loose once, but that horse has now been sold. Ms. Meggitt also stated that Neil
Johnson's cattle are next to several properties within Johnson Estates. Ms. Meggitt
presented the Commission with photos of her property/corrals, along with a petition from
residents who reside on Blue Heron Road that support this application. Ms. Meggitt also
mentioned that she was misinformed by the real estate agent upon moving onto the property
in regard to the number of horses that were allowed.
Pat Cote stated that this is on land with zoning that is not meant for the keeping of horses.
November 30, 2004 Municipal Planning Commission Page 5
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Moved by Councillor Schroeder that we refuse this request for the following reasons:
a) This request contravenes Section 83.9(2) of Land Use Bylaw #1443-03 and
amendments thereto, pertaining to Site Restrictions of the CR -Country Residential
District,
b) This property is located within ahigh-density country residential subdivision, and
c) That the proposed use would interfere with the enjoyment of the neighboring
properties;
and that the applicant be given three months to relocate the horses. Carried.
Sarah Meggitt, Sheldon Taylor, Tina Taylor, and Pat Cote le$ the meeting at 11:00 a.m.
2. Permit #2697 - SW 19-19-14-W4 Plan 9010624, Block 1 -Division 10
Lakeside Feeders, Ltd. (Owner) Brent Altwasser (Applicant)
Packing Facility Expansion
Moved by B. McKellar that we refer this item to a future meeting when we have obtained
an accurate site plan and the land use amendment to AI -Agricultural Industrial District is
completed. Carried.
3. Permit #2705 - NW 5-19-15-W4 Plan 9310398, Block 1 -Division 5
Robert & Linda Bergen (Owners) Robert Bergen (Applicant)
Moved in 1993 Manufactured Home with Deck
Moved by Councillor Schroeder that we refer this item to the next meeting so that an
accurate site plan can be obtained. Carried.
5. Permit #2712 - NE 20-18-14-W4 Plan 0414034, Block 1, Lot 1 -Division 4
Eastern Irrigation District (Owner) Brooks Asphalt & Aggregate Ltd. (Purchaser)
Jamal Ramjohn, On behalf of Brooks Asphalt & Aggregate Ltd. (Applicant)
Asphalt Operation
Jamal Ramjohn and Cliff MacDonald were in attendance at the meeting and arrived at 11:30
a.m.
November 30, 2004 Municipal Planning Commission Page 6
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Moved by Councillor Wutzke that we classify these buildings as "Accessory Buildings" and
~--- an "Office" being permitted uses within the I -Industrial District for the purposes of an
"Asphalt Operation" being a discretionary use within the I -Industrial District, and that
ap~roval be granted for Development Permit #2712 for the construction of a 371 m2 (4,000
ft.) repair shop, the placement of a 93 m2 (1,000 ft.2) skid mounted office, scale house,
portable asphalt plant and storage of aggregate products all for the purposes of an asphalt
operation, and a culvert pipe storage area, to be located on a portion of Plan 0414034, Block
1, Lot 1, containing 15.99 acres, where the following are required prior to commencement
of construction:
a) The developer satisfying, to the satisfaction of the County Planner, all requirements
of the Development Agreement and Subdivision File #04 NL 005.
b) The developer providing the Development Officer with written evidence from
Palliser Health Authority approving this development.
c) The developer providing the Development Officer, with a detailed plan for the
prevention and remediation of contamination of the ground and runoff water leaving
the site. This shall be to the satisfaction of the Superintendent of Public Works.
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.
e) The developer providing the Development Officer with an updated certificate issued
by the Director of Alberta Environment, if required.
f) The developer providing a copy of a detailed landscaping treatment or screening
plan for the parcel. 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 north.
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 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.
November 30, 2004
Municipal Planning Commission
Page 7
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6. 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.
7. The developer ensuring access can be provided for Emergency Services vehicles to
all sides of the building.
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 that a sewage holding tank system is utilized as the
appropriate method of sewage and wastewater disposal as described in this
application. Disposal fields, mounds or siphons are not permitted.
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. This permit is being granted only for the development of a 371 m2 (4,000 ft.2) repair
shop, the placement of a 93 m2 (1,000 ft.2) skid mounted office, scale house, asphalt
plant and storage of aggregate products all for the purposes of a portable asphalt
operation, and a culvert pipe storage area to be located on Plan 0414034, Block 1,
Lot 1, containing 15.99 acres. Any additional development shall require prior
approval of a separate permit application.
16. The developer ensuring this development is located as shown on the site plan
submitted on November 4, 2004. Any changes to that plan shall require the written
approval of the Development Officer.
17. The developer ensuring the design, character and appearance of the proposed
building is consistent with, or exceeds the standard of, other buildings in the vicinity.
18. The developer ensuring landscaping of the property is complete within two years
from the date of approval.
19. The developer ensuring there is no contamination of soil, surface water or
groundwater from this use.
20. The developer ensuring that the appropriate berms are utilized where required, to
prevent runoff into the water body located to the west.
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.
November 30, 2004
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Municipal Planning Commission Page 8
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24. The developer ensuring the proposed development does not encroach onto Pipeline
Right-of--Way Plans 9710288 and 0211046.
25. There being no objections received from the Eastern Irrigation District.
26. There being no objections received from the Agricultural Service Board.
27. There being no objections received from the Alberta Energy and Utilities Board.
The developer addressing, to the satisfaction of the Alberta Energy and Utilities
Board, any concerns put forth by the Alberta Energy and Utilities Board.
28. There being no objections received from Alberta Environment. The developer
addressing, to the satisfaction of Alberta Environment, any concerns put forth by
Alberta Environment.
29. There being no objections received from the Public Works Department of the
County of Newell. The developer addressing, to the satisfaction of the Public Works
Department, any concerns put forth by the Public Works Department.
30. The developer ensuring the proposed development maintains the minimum required
separation distance from the lake.
31. 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.
32. The developer ensuring full compliance with the Brooks Asphalt Conceptual Plan
submitted October 2004.
33. The developer satisfying, to the satisfaction of the Town of Brooks Civic Engineer,
any concerns put forth with respect to the Traffic Impact Assessment and proposed
access.
34. Upon further development, the developer providing the Development Officer with a
geotechnical study to determine the suitability of soils for the wastewater
management system proposed.
Carried.
Jamal Ramjohn and Cliff MacDonald left the meeting at 11:46 a.m.
4. Permit #2707 - SE 25-18-14-W4 Plan 9210783, Block 1 -Division 5
Newalta Corporation (Owner)
Shawn Robertson, On Behalf of Newalta Corporation (Applicant)
Accessory Building -Petro Chemical Processin Fg acility
Moved by Councillor Schroeder that we classify this building as an "Accessory Building"
being a permitted use within the I -Industrial District, and that approval be granted for
Development Permit #2707 for the construction of a 306 m2 (3,300 ft.2) accessory building
for the purposes of process testing, together with the overall use of the existing buildings as
a "Petro Chemical Processing Facility" being a discretionary use within the I -Industrial
District to be located on Plan 9210783, Block 1, containing 18.03 acres, (within SE 25-18-
14-W4), where the following are required prior to commencement of construction and the
issuance of this permit:
November 30, 2004 Municipal Planning Commission Page 9
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a) The land use bylaw reflecting the revised text amendment to the definition of Petro
Chemical Processing Facilities described in File #04-TA-003.
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.
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 a copy of a detailed landscaping treatment or screening
plan for the parcel. 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 south.
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 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 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.
7. The developer ensuring access can be provided for Emergency Services vehicles to
all sides of the building.
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.
November 30, 2004 Municipal Planning Commission Page 10
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12. The developer ensuring the property is maintained to the satisfaction of the
i- 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 October 12, 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 306 m2 (3,300 ft.2)
accessory building for the purposes of process testing, to be located on Plan
9210783, Block 1, containing 18.03 acres, (within SE 25-18-14-W4). Any
additional development shall require prior approval of a separate permit application.
17. The developer ensuring the design, character and appearance of the proposed
building is consistent with 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, the exterior of the existing buildings.
19. The developer ensuring there is a 2.5 m (8.2 ft.) separation distance between the
proposed accessory building and the existing 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 landscaping of the property is complete within two years
from the date of approval.
Carried.
November 30, 2004 Municipal Planning Commission Page 11
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6. Permit #2713 - SE 12-17-13-W4 -Division 2
Ole & Anna Sorensen (Owners) Anna Sorensen (Applicant)
Variance Request -Section 55, Dwelling Units Per Parcel
Additional Farm Residence for Agricultural Purposes
Moved in 1979 Manufactured Home With Porch Addition
Moved by B. McKellar that we classify this "Manufactured Home" as a "Dwelling Unit"
being a discretionary use within the A -Agricultural District and that approval be granted
for Development Permit #2713 fora 1979 moved in 86 m2 (924 ft.2) manufactured home,
with 14.64 m2 (158 ft.Z) porch addition, to be located on SE 12-17-13-W4, granting variance
to Section 55 to permit a second dwelling unit for agricultural purposes, 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.
c) The developer providing the Development Officer with written evidence from a
person qualified in the installation of septic systems that the existing septic system is
suitable for the land.
d) The developer providing the Development Officer with written evidence from the
Alberta Energy and Utilities Board 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 79 of Land Use
Bylaw #1443-03, and amendments thereto, pertaining to the A -Agricultural
District.
3. The developer ensuring the following setbacks are maintained for the proposed
development:
Front Side Flankage Rear
*30 m **3 m *30 m **3 m
* Minimum distance to be maintained from public roadway right of way or
secondary highways.
** 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.
5. The developer ensuring an adequate supply of water is provided for this use.
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.
November 30, 2004 Municipal Planning Commission Page 12
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8. The developer ensuring there is proper disposal of sewage and waste from this use.
r-- The developer ensuring the appropriate septic system is utilized for this
development.
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 November 5, 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 a 1979 moved in 86 m2
(924 ft. Z) manufactured home, with 14.64 m2 (158 ft.2) porch addition, on the SE 12-
17-13-W4. Any additional development shall require prior approval of a separate
permit application.
14. The developer ensuring the design, character and appearance of the proposed
building and addition are consistent with other buildings in the vicinity.
15. The developer ensuring the manufactured home is skirted with materials the same as
or consistent with the remainder of the building.
16. The developer ensuring the exterior of the addition is sided with materials the same
as, or consistent with, the exterior of the existing building.
17. There being no objections received from the Agricultural Service Board.
18. There being no objections received from the Alberta Energy and Utilities Board.
19. The developer addressing, to the satisfaction of Alberta Transportation, any concerns
put forward by Alberta Transportation.
Carried.
Lunch
The Commission recessed for lunch from 12:00 p.m. to 1:23 p.m.
Excused from Meeting
Development Control Officer, Patty Urban, was excused from the remainder of the meeting
at 12:00 p.m.
November 30, 2004 Municipal Planning Commission Page 13
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10. Development Permits - Cont'd
7. Permit #2715 - SE 6-15-13-W4 Plan 0111162, Block 8, Lot 4 -Division 1
Carman Wilcox (Owner) Jim Aleman & Terry Gould (Applicants/Purchasers)
Moved in 1979 Dwelling Unit and Construction of Accessory Building
Moved by Councillor Wutzke that we refer this item to a future meeting after the caveat has
been discharged and development agreement conditions have been satisfied. Carried.
11. Home Occupation/Home Industry Permits
Permit #144 - NE 5-20-14-W4 Plan 8311352, Block 1, Lot 5 -Division 8
Bernard & Donalda Elsbett (Owners)
Donna Elsbett ,Operating as Elsbett Rural Water Hauling (Applicant)
Home Occupation Permit Renewal for a Rural Water Hauling Service
Moved by B. McKellar that we classify this as a "Home Occupation Major" being a
discretionary use within the CR -Country Residential District, that approval be granted for
Home Occupation Permit Application #144 for a Rural Water Hauling Service on Plan
8311352, Block 1, Lot 5 (within NE 5-20-14-W4), and that a relaxation be granted to
Schedule C (19) to permit the use of two commercial trucks for this operation, 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 two.
4. The applicant ensuring adequate parking space is available for this use, up to two
stalls, within the front yard setback.
5. The applicant ensuring that no more than two commercial vehicles are used in
conjunction with this Home Occupation Permit. No other commercial vehicles shall
be permitted or stored on site.
6. 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.
7. The applicant ensuring there is no other outside storage of goods or materials related
to this Home Occupation Permit other than the trucks described in this application.
8. The applicant ensuring no noise, vibration, smoke, dust or odours, which may affect
adjacent landowners or development, are created from this home occupation major.
9. The developer ensuring there is no contamination of soil, surface water or
groundwater from this use.
November 30, 2004 Municipal Planning Commission Page 14
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10. This permit being valid for a time period of three years from the date of approval, at
s^ which time it may be either renewed or revoked by the Development Authority
under the provisions of the land use bylaw. The applicant shall be responsible for re-
applying aminimum of two months before the expiry date.
Carried.
2. Permit #172 - NW 28-20-14-W4 Plan 0410427, Block 2, Lot 2 -Division 8
BH Surveys, Ltd. (Owner) Benoit Hupe (Applicant)
Contractor Surveyor
Moved by B. McKellar that we classify this as a "Home Occupation Major" being a
discretionary use within the CR -Country Residential District, and that approval be granted
for Home Occupation Permit Application #172 for a Contract Surveyor on Plan 0410427,
Block 2, Lot 2 (within SW 28-20-14-W4), subject to the following conditions:
1. This use complying with all Federal, Provincial and Municipal statutes, regulations,
codes and standards.
2. This use not affecting the residential use of the property or adjacent properties and
area.
3. The total number of off-site employees, not including the occupants of the residence
involved with the said occupation, not exceeding two.
4. The applicant ensuring adequate parking space is available for this use, up to two
stalls, within the front yard setback.
,.-. 5. The applicant ensuring that no more than one commercial vehicle and one trailer are
used in conjunction with this Home Occupation Permit. No other commercial
vehicles shall be permitted or stored on site.
6. 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.
7. The applicant ensuring there is no other outside storage of goods or materials related
to this Home Occupation Permit other than the truck described in this application.
8. The applicant ensuring no noise, vibration, smoke, dust or odours, which may affect
adjacent landowners or development, are created from this home occupation major.
9. The developer ensuring there is no contamination of soil, surface water or
groundwater from this use.
10. This permit being valid for a time period of three years from the date of approval, at
which time it may be either renewed or revoked by the Development Authority
under the provisions of the land use bylaw. The applicant shall be responsible for re-
applying aminimum of two months before the expiry date.
Carried.
November 30, 2004 Municipal Planning Commission Page 15
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3. Permit #173 - NW 5-19-15-W4 Plan 9310398, Block 1 -Division 5
Robert & Linda Bergen (Owners)
Robert Bergen, Operating as: Bergundy Pressure Testing (Applicant)
Existing Pressure Testing Service
Moved by Councillor Wutzke that we refer this item to a future meeting after the
subdivision has been endorsed. Carried.
4. Permit #174 - NW 32-17-14-W4 -Division 2
Dale Redelback & Karen Rose (Owners)
Karen Rose, Operating as: R & R Oilfield Services, Ltd. (Applicant)
Existing Operation of Oilfield Rentals and Sales
Moved by Councillor Wutzke 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 Permit #174 for an Oilfield Rentals and Sales Service on lands legally
described as the NW 32-17-14-W4, containing 3.5 acres, 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 non-resident, part time and full time employees involved with
the said occupation, not exceeding five.
4. The applicant ensuring that no more than five commercial vehicles are used in
conjunction with the Home Industry Permit. No other commercial vehicles shall be
permitted.
5. The applicant ensuring no noise, vibration, smoke, dust or odours, which may affect
adjacent landowners or development, are created from this home industry major.
6. The applicant ensuring adequate parking space is available for this use, up to two
stalls, within the front yard setback.
7. This permit being valid for a time period of three years from the date of approval, at
which time it may be either renewed or revoked by the Development Authority
under the provisions of the Land Use Bylaw. It is the responsibility of the applicant
to renew a minimum of two months prior to its expiration.
8. The developer ensuring there is no contamination of soil, surface water or
groundwater from this use.
Carried.
November 30, 2004 Municipal Planning Commission Page 16
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5. Permit #175 - Ptn. SW 9-19-14-W4 Plan 9512595, Block 1, Lot 1 -Division 10
~^ Rodney & Corrine Schmidt (Owners) Corrine Schmidt (Applicant)
Construction Contractor -General Carpentry & Renovations
Moved by B. McKellar that we classify this as a "Home Industry Minor" being a
discretionary use within the A -Agricultural District, that approval be granted for Home
Industry Minor Permit Application #175 for a Construction Contractor on Plan 9512595,
Block 1, Lot 1 (within SW 9-19-14-W4), and that a relaxation be granted to Schedule D (6)
to permit the occasional use of a fourth commercial truck, being a three ton to haul larger
items for this operation, 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 non-resident, including part time and full time employees
directly or indirectly involved with the said occupation, not exceeding four.
4. The applicant ensuring that no more than three commercial vehicles, plus the
occasional use a fourth commercial vehicle, being a three ton to haul larger items,
and one trailer are used in conjunction with the Home Industry Permit. No other
commercial vehicles or trailers shall be permitted.
5. The applicant ensuring that all outside storage required for this application is
adequately screened from the public roadways.
6. The applicant ensuring no noise, vibration, smoke, dust or odours, which may affect
,~-. adjacent landowners or development, are created from this home industry minor.
7. The applicant ensuring adequate parking space is available for this use.
8. This permit being valid for a time period of three years from the date of approval, at
which time it may be either renewed or revoked by the Development Authority
under the provisions of the land use bylaw. It is the responsibility of the applicant to
renew a minimum of two months prior to its expiration.
Carried.
12. Agricultural Support Service Permits
There were no Agricultural Support Service Permit items.
November 30, 2004 Municipal Planning Commission Page 17
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13. Land Use Changes
#04 LUA 026 - Pt. S '/2 19-19-14-W4 -Division 10
Lakeside Feeders, Ltd. (Owner) Brent Altwasser/Doug Bell (Applicant)
From A - Agricultural District to AI -Agricultural Industrial District
Moved by Councillor Schroeder that we recommend to Council that consideration be given
to first reading of a bylaw to re-designate approximately 67.5 ha (166.8 ac) in Pt. S %2 19-19-
14-W4, from A -Agricultural District to AI -Agricultural Industrial District. Carried.
2. #04 LUA 027 - Pt. NW 16-18-13-W4 -Division 2
G.W. Murray Ranches, Ltd. (Owner) Cory Higham, CCS Energy Services (Applicant)
From A -Agricultural District to I -Industrial District
Moved by Councillor Wutzke that we recommend to Council that consideration be given to
first reading of a bylaw to re-designate approximately 8.09 ha (20.0 ac) in Pt. NW 16-18-13-
W4, from A -Agricultural District to I -Industrial District. Carried.
15. Other Business
Municipal Planning Commission Meeting Date -December 28, 2004
Moved by Councillor Wutzke that we change the Municipal Planning Commission meeting
date from December 28, 2004 to December 21, 2004. Carried.
2. Addressing for Subdivisions
Discussion took place regarding the need to implement an addressing system for
subdivisions and rural areas within the County. This item was referred to the next Council
Workshop Session meeting on December 6, 2004, and should be implemented immediately
for future multi lot subdivisions.
5. Current Area Structure Plans (ASP's)
The Commission discussed the Area Structure Plan open house attendance and the Area
Structure Plans budgeted for in 2005.
November 30, 2004 Municipal Planning Commission Page 18
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14. Subdivisions
#04 NL 012 - Pt. NW 22-18-15-W4 -Division 5
Whaley & Doug Mar (Owners) Cam Christianson, Midwest Surveys (Applicant)
Subdivide approximately 31.88 ha (78.78 ac) for an Industrial Subdivision
Moved by Councillor Wutzke that we recommend to Council approval of Subdivision #04
NL 012, to allow for the subdivision of approximately 31.88 ha (78.78 ac) for an Industrial
Subdivision, subject to the following conditions:
1. That all oil and gas company leases, rights of way and board orders, be carried
forward, when the subdivision mylar is registered at Land Titles Office.
2. The applicant providing a 9.5 metre easement to franchise utilities for services to the
proposed parcels, if required. The applicant may be responsible for the costs
associated with the installation, removal or modification of services.
3. The applicant entering into a development agreement for the development of this
subdivision as identified under Section 655 of the Municipal Government Act. The
preparation and registration and discharge of the caveat will be at the cost of the
applicant.
4. The applicant 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.
5. 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.
6. The applicant meeting any requirements of the Eastern Irrigation District with
respect to the conveyance of water as well as easements.
7. The applicant providing municipal reserve in the form of cash-in-lieu. The amount
will be determined at the time of endorsement by the municipality. The applicant
may provide an appraisal conducted by the certified professional to determine
market value of land.
8. That all outstanding municipal taxes be paid prior to the endorsement.
9. The applicant providing anumbering/addressing system in accordance with County
policy for this subdivision.
Carried.
15. Other Business - Cont'd
3. Municipal Reserve Parcels
Moved by B. McKellar that we recommend to Council that PO -Public/Semi -Public
Open Space District be proposed for the Lake Newell Resort, which would allow the
appropriate use for parks and playgrounds. Carried.
November 30, 2004 Municipal Planning Commission Page 19
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4. Lakeside Housing Units
Moved by Councillor Wutzke that the County Planner investigate a text amendment
change that would accommodate the temporary housing units located at Lakeside.
Carried.
16. Post Agenda Items
Outstanding A & E Land Use Amendment
The County Planner informed the Commission that A & E R.V. has an outstanding
land use amendment application requesting a pt. SE 3-19-14-W4 currently zoned CR2
- Country Residential 2 District be changed to LI -Light Industrial District. The
County Planner noted that this application should be processed and the
recommendation would be to re-designate the affected parcel to HWYC -Highway
Commercial District to be consistent with the One Tree Road Area Structure Plan.
The Commission referred this item to the next meeting so the County Planner may
continue to process the 2002 Land Use amendment request.
17. Question Period
A question period took place.
18. Information Items
There were no information items.
19. Adiourn
Moved by Councillor Wutzke that the meeting adjourn at 3:16 p.m. Carried.
Qi(_VhQ.~
C
MIlVISTRATOR
November 30, 2004 Municipal Planning Commission Page 20