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HomeMy WebLinkAbout2005-01-25 Municipal Planning Commission (Regular) Minutes~-.. County of Newell No. 4 Municipal Planning Commission Meeting January 25, 2005 The regular Municipal Planning Commission Meeting of the County of Newell No. 4 was held in the County Office at Brooks, AB on Tuesday, January 25, 2005 commencing at 10:04 a.m. Members Present: Chairman C Vermeeren Councillors Members County Planner Development Control Officer Administrator Executive Assistant P-01/05 P-02/05 1. Call to Order The Chairman called the meeting to order at 10:04 a.m. 2. Excused from Meetina All members were in attendance at this meeting. I. Schroeder H. Wutzke B. McKellar S. Swenson T. Henry P. Urban A. Martens C. Isaac 3. Minutes 1. December 21. 2004 Minutes of the December 21, 2004 meeting were presented to the Commission. MOVED by Councillor Schroeder 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. ~~v~ 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) There was no new information on this item. 3. Permit #2715 - SE 6-15-13-W4 Lot 4, Block 8, Plan 0111162, -Division 1 Carman Wilcox (Owner) Jim Aleman & Terry Gould (Applicants/Purchasers) Moved in 1979 Dwelling Unit and Construction of Accessory Building P-03/05 MOVED by Councillor Wutzke that we classify this "Moved in Building" as a "Single- Detached Dwelling" being a discretionary use within the HR -Hamlet Residential District, and an "Accessory Building" being a permitted use within the HR -Hamlet Residential District and that approval be granted for Development Permit #2715 for a 1979 moved in 365 mZ (1,200 ft.z) single detached dwelling, with the construction of a 222 mz (728 ft.2) detached garage, to be located on Lot 4, Block 8, Plan 011 1162 (96 Third Avenue), where the following are required prior to commencement of construction: a) The developer becoming the registered owner of the property. b) The developer satisfying, to the satisfaction of the County Planner, all requirements of the Development Agreement and Subdivision File #00 NL 034. c) 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. d) The developer entering into an agreement with the County of Newell for the installation and/or upgrade of any required road approaches to the parcel. This agreement shall, at the applicant's expense, be registered as a caveat against the lands, if required. e) The developer providing the County of Newell with an Irrevocable Letter of Credit in the amount of $5,000 to ensure the requirements of the following conditions are met for the proposed single detached dwelling: i) This development being placed on a permanent foundation within six months from the date of approval, ii) New roofing materials, new windows and new doors and; iii) New exterior vinyl siding. and subject to the following conditions: 1. The proposed development complying with all Federal, Provincial and Municipal statutes, regulations, codes and standards. January 25, 2005 Municipal Planning Commission Page 2 e _ ~~ 2. The proposed development complying with the provisions of Section 86 of Land Use Bylaw #1443-03, and amendments thereto, pertaining to the HR - Hamlet Residential District. 3. The developer ensuring the following setbacks are maintained for the proposed development: Front (South) Side Rear *7.5 m **1.5 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 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 to provide service to the proposed development. All this work shall be to the satisfaction of the Hamlet Advisory Committee. The developer shall contact, Mr. Ted Dickinson, Chairman of the Rolling Hills Advisory Committee (403-964-3731), prior to backfilling, to review all connections. The developer shall also be responsible for the restoration of the street, to the satisfaction of the Superintendent of Public Works, when these services are installed. 8. The developer ensuring the site is graded so that storm water does not drain onto adjoining properties. 9. The developer ensuring there is proper and legal access provided to the property. 10. The developer ensuring there is proper disposal of sewage and waste from this use. 11. The developer ensuring the property is maintained to the satisfaction of the Development Officer. 12. The developer ensuring construction materials, supplies and equipment are stored on the property and not on the public roadway. 13. The developer ensuring the continuous clean up of construction debris tracked onto the public roadway where access is provided to the property. 14. The developer ensuring this development is located as shown on the site plan approved in this application and submitted November 5, 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 1979 moved in 365 mZ (1,200 ft.z) single-detached dwelling with the construction of a 222 mz (728 ft.z) detached garage on Lot 4, Block 8, Plan 0111162 (96 Third Avenue). Any additional development shall require prior approval of a separate permit application. 16. 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 exceed the standard of, other buildings in the vicinity. 17. The developer ensuring the exterior of the proposed accessory building is sided with materials the same as, or consistent with, the exterior of the proposed dwelling. 18. The developer ensuring there is a 2 m (6.6 ft.) separation distance between the proposed buildings. January 25, 2005 Municipal Planning Commission Page 3 c, v. 19. The developer ensuring the accessory building does not exceed 68 mZ (732 ft.2) in area. 20. The developer ensuring the accessory building does not exceed 5 m (16.4 ft.) - in height. 21. The developer ensuring the proposed accessory building is not used for living purposes. 22. The developer ensuring the property is not used for conducting a business or commercial operation. 23. The developer ensuring landscaping of the property is complete within two years from the date of approval. 24. The developer ensuring all outdoor garbage containers are covered and screened from the public roadways. CARRIED. 4. Permit #173 - NW 5-19-15-W4 Lot 1, Block 1, Plan 0510040 -Division 5 Robert & Linda Bergen (Owners) Robert Bergen, Operating as Bergundy Pressure Testing (Applicant) Existing Pressure Testing Service P-04/05 MOVED by B. McKellar that we classify this as a ~~Home Industry Minor" being a discretionary use within the CR2 -Country Residential 2 District and that approval be granted for Home Industry Minor Permit Application #173 for a Pressure Testing Service, within Lot 1, Block 1, Plan 0510040, 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 four. 4. The applicant ensuring that no more than three commercial vehicles are used in conjunction with the home industry permit. No other commercial vehicles shall be permitted. 5. The applicant ensuring there is no advertising or display of produce being permitted on the property except for one indirectly illuminated sign of 1 m2 placed flat against the building or fence. 6. The applicant ensuring 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, up to two stalls, within the front yard setback. 8. The developer ensuring there is no contamination of soil, surface water or groundwater from this use. 9. 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. January 25, 2005 Municipal Planning Commission Page 4 ~.V. ~ 7. Council & S.D.A.B. Report The Administrator informed the Commission that the applicants of File #04 NL 017 have appealed the cash-in-lieu of municipal reserve condition. The Subdivision & Development Appeal Board will review this request to determine if the appeal can be heard since the request was made after the deadline. 8. Development Report -December 14, 2004 -January 18, 2005 P-05/05 MOVED by Councillor Schroeder that we accept the Development Report. CARRIED. 9. Correspondence There were no correspondence items. 10. Development Permits Permit #2719 - SW 20-24-15-W4 (LSD 6) -Division 9 Finnegan Farming Co. Ltd. (Owner) Leslie Douglass (Applicant) Sand and Gravel Operation The Development Control Officer distributed a copy of an a-mail to the Commission, from John Douglass, regarding dust, noise, and increased traffic concerns. P-06/05 MOVED by Councillor Schroeder that we classify this as a °Sand and Gravel Operation" being a discretionary use within the A -Agricultural District and that approval be granted for Development Permit #2719 for a sand and gravel operation, being the excavation, crushing, storage and sales of mined aggregate products to be located on SW 20-24-15-W4, containing 5 ha. (12.36 acres), where the following are required prior to commencement of excavation and 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 the Development Authority with a survey plan indicating the dimensions of the extraction area. c) The developer ensuring that the extraction area is properly fenced with barbed wire fencing materials. d) The developer providing the Development Authority, to the satisfaction of the Agricultural Fieldman, a practical plan or method of weed control, erosion prevention and remediation. e) The developer providing the Development Authority, evidence from the Eastern Irrigation District approving this development. f) The developer providing evidence of a joint access agreement authorizing use of the proposed access. g) The developer providing the Development Officer, with written evidence from the operator of the pipeline identified in Plan 0413110 authorizing this use, if ,,,.._ it is within 200 m (656 ft.) of the extraction area. January 25, 2005 Municipal Planning Commission Page 5 . ~ w 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 Rear *30 m **3 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 ensuring there is proper and legal access provided to the property. 5. The developer ensuring construction materials, supplies and equipment are stored on the property and not on the public roadway. 6. The developer ensuring the continuous clean up of construction debris tracked onto the public roadway where access is provided to the property. 7. The developer ensuring this development is located as shown on the site plan approved in this application and submitted November 26, 2004. Any changes to that plan shall require the written approval of the Development Officer. 8. This permit is being granted only for the development of a sand and gravel operation, being the excavation, crushing, storage and sales of mined aggregate products, within SW 20-24-15-W4, containing 5 ha. (12.36 acres). Any additional development shall require prior approval of a separate permit application. Products mined outside the extraction area shall not be stored on the property. 9. The developer ensuring there is no contamination of soil, surface water or groundwater from this use. 10. The developer ensuring the proposed development maintains the required setback from Irrigation Canal Right of Way Plan 1037. 11. The developer ensuring the proposed development does not encroach onto Pipeline Right-of-Way Plan 0413110 and maintains the required setback distance from the flowing gas well at 6-20-24-15-W4. 12. The developer ensuring that an appropriate form of dust suppression is maintained at this site at all times. 13. The developer ensuring that the property is not utilized as a landfill and that there is no waste or woody debris disposed in the pit. 14. There being no objections received from the Eastern Irrigation District. 15. The developer addressing, to the satisfaction of Alberta Transportation, any concerns put forward by Alberta Transportation. 16. The developer addressing, to the satisfaction of the Alberta Energy and Utilities Board, any concerns put forward by the Alberta Energy and Utilities Board . 17. The developer ensuring the stockpiles are contained within the designated fenced area for this use. Stockpiles outside the permitted area shall not be allowed. 18. The developer ensuring that appropriate measures are utilized for the prevention of noise caused from this use. This shall be in the form of a berm, or other means approved by the Development Authority. January 25, 2005 Municipal Planning Commission Page 6 ~~ - 19. The developer ensuring compliance with Alberta Environment's Code of Practice for Pits dated September 2, 2004. CARRIED. 2. Permit #2724 - NW 8-24-15-W4, Lot 1, Block 1, Plan 9412742 -Division 9 Terri Kimmel (Owner & Applicant) Variance to Land Use Bylaw #1443-03 Temporary Storage Dwelling Unit P-07/05 - Section 55, Dwelling Units Per Parcel MOVED by B. McKellar that a stop work order be issued with a compliance deadline of May 30, 2005, and that we refuse Development Permit #2724 for the following reason: "This proposal contravenes Section 55 of Land Use Bylaw #1443-03." CARRIED. 11. Home Occupation/Home Industry Permits Permit #177 - SW 31-18-15-W4 -Division 5 Jurrien & Marie Snyders (Owners) Julius Snyders, Operating as Cinch Welding (Applicant) Existing Welding Service P-08/05 MOVED by B. McKellar 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 Minor Permit Application #177, for the operation of a welding service, '~' including three portable welders, on SW 31-18-15-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 non-resident, part-time and full-time employees involved with the said occupation, not exceeding four. 4. The applicant ensuring that no more than three commercial trucks are used in conjunction with this home industry minor. No other commercial vehicles shall be permitted. 5. The applicant ensuring there is no advertising or display of produce being permitted on the property except for one indirectly illuminated sign of 1 m2 placed flat against the building or fence. 6. The applicant ensuring 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. The applicant ensuring there is no contamination of soil, surface water or groundwater from this use. 9. The developer ensuring all outdoor garbage containers are covered and screened from the public roadways. 10. The applicant ensuring adequate parking space is available for this use. January 25, 2005 Municipal Planning Commission Page 7 ~.~.. 11. 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 apply for renewal a minimum of two months prior to its expiration. CARRIED. Recess The Commission recessed from 10:58 a.m. to 11:04 a.m. 12. Land Use Changes Doug Barg was in attendance at the meeting and arrived at 11:10 a.m. 1. #04 LUA 029 - Pt. SE 5-20-14-W4 -Division 8 Doug & Sherri Barg & Doug & Judy Larson (Owners) Fred Barg (Applicant) From A -Agricultural District to CR -Country Residential District The County Planner distributed a letter to the Commission from Steve Wylie, Agricultural Fieldman, which offered his comments on this application. Doug Barg showed the Commission where he measured the property line to be, north of the existing improvements. Mr. Barg stated that he does not foresee additional impact with regard to the Eastern Irrigation District (E.I.D.) canal, and that the affects on the ability to farm should not be an issue, as there are already three existing subdivided parcels on this particular quarter. The County Planner reviewed the application, provided the Commission with the reasons for her recommendation, and discussed the steps required to amend the Land Use Bylaw and Area Structure Plan. Mr. Barg left the meeting at 11:31 a.m. 2. #05 LUA 001 - Pt. SW 9-19-14-W4 -Division 10 Richard Smith (Owner & Applicant) From I -Industrial District to DC -Direct Control District Wayne Finnerty and Elwood Smith were in attendance at the meeting and arrived at 11:33 a.m. Mr. Finnerty employment community. explained that this land use change is important to the seasonal of his business and the services that the business provides to the January 25, 2005 Municipal Planning Commission Page 8 /" I ~w P-.,x/05 MOVED by Councillor Wutzke that we recommend to Council that consideration be given to first reading of a bylaw to re-designate approximately 1.17 ha (2.9 ac) in Pt. SW 9-19-14-W4, from I - Industrial District to DC - Direct Control District. CARRIED. Mr. Finnerty and Mr. Smith left the meeting at 11:41 a.m. 12. Land Use Changes - Cont'd 1. #04 LUA 029 - Pt. SE 5-20-14-W4 -Division 8 - Contd. Doug & Sherri Barg & Doug & Judy Larson (Owners) Fred Barg (Applicant) From A - Aaricultural District to CR -Country Residential District P-10/05 MOVED by Councillor Wutzke that we recommend to Council that consideration be given to first reading of a bylaw to re-designate approximately 1.63 ha (4.03 ac) in Pt. SE 5-20-14-W4, from A - Agricultural District to CR - Country Residential District, and that we waive the condition of the third lot requirement. CARRIED. Lunch °~ The Commission recessed for lunch from 12:05 p.m to 1:16 p.m. 11. Home Occupation/Home Industry Permits - Cont-d 2. Permit #78 - SW 28-20-14-W4 Block 1, Plan 8810676 -Division 8 John & Marjorie Sparling (Owners) John Sparling, Operating as JB Repairs (Applicant) Renewal Application -Repair of Machinery & Millwright/Mechanical Work P-11/05 MOVED by Councillor Schroeder 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 the renewal of Home Occupation Major Permit Application #78, for the operation of a machinery repair, millwright and mechanical operation on Block 1, Plan 8810676 (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 is used in conjunction with this home occupation permit. January 25, 2005 ' l Municipal Planning Commission Page 9 ~• v• 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. 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 a minimum of two months before the expiry date. CARRIED. 3. Permit #147 - SW 13-20-15-W4 Lot 1, Block B, Plan 9612429 -Division 8 Marlen & Suphaphon Morrison (Owners) Suzie Morrison, Operating As Sunshine Ceramics (Applicant) Renewal Application -Preparation and Sale of Potterv P-12/05 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 the renewal of Home Occupation Major Permit Application #147, for the preparation and sale of pottery on Lot 1, Block B, Plan 9612429 (within SW 13-20- 15-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 is used in conjunction with this home occupation permit. 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 mz 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. 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. 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 a minimum of two months before the expiry date. CARRIED. January 25, 2005 Municipal Planning Commission Page 10 c , v_ ,,.._, 4. Permit #148 - NW 3-19-14-W4 Lot 1, Block 2, Plan 9612460 -Division 10 Dennis Boyd (Owner) Dina Boyd (Applicant) Home Occupation Renewal -Consignment of Used Baby Items P-13/05 MOVED by B. McKellar that we classify this as a "Home Occupation Major" being a discretionary use within the CR2 -Country Residential 2 District and that approval be granted for the renewal of Home Occupation Major Permit Application #148, for the consignment and sales of used baby items on Lot 1, Block 2, Plan 9612460 (within NW 3-19-14-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 is used in conjunction with this home occupation permit. 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 mZ 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. 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. 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 a minimum of two months before the expiry date. CARRIED. 5. Permit #178 - NW 13-20-13-W4 Parcel C, Plan 1380 EU Hamlet of Patricia -Division 3 Marlene Arneson (Owner) Mel Meyers (Applicant) Handyman Service The Development Control Officer distributed a letter from Dolores & F.G. Barry, and the Patricia Advisory Committee, expressing concerns about the unsightly condition of the house and the yard. Administration will direct the Special Constable to pursue enforcement for the clean up of the yard. P-14/05 MOVED by Councillor Wutzke that we classify this as a "Home Occupation Major" being a discretionary use within the HR - Hamlet Residential District and that approval be granted for Home Occupation Major Permit Application #178, for a handyman service on Parcel C, Plan 1380 EU (401 Railway Avenue), subject to the following conditions: 1. This use complying with all Federal, Provincial and Municipal statutes, ~'"' regulations, codes and standards. January 25, 2005 Municipal Planning Commission Page 11 e , ~. 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 is used in conjunction with this home occupation permit. 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 mZ 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 oilfield trailers described in this application. The developer ensuring that there are no more than two oilfield trailers on site at any time. 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. 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 a minimum of two months before the expiry date. 10. The developer ensuring that there is proper and legal access to the property from the north and that the use of all other accesses be discontinued. CARRIED. 13. Aaricultural Support Service Permits 1. Permit #04-AS-002 - SE 36-19-14-W4 -Division 10 Jeffrey & Vicki Alberts (Owners) Jeff Alberts, Operating as DJ Custom Farming Ltd. (Applicant) Existing Custom Farming Operation P-15/05 MOVED by Councillor Schroeder that we classify this as an °Agricultural Support Service" being a discretionary use within the A -Agricultural District and that approval be granted for Agricultural Support Service #04-AS-002 fora Custom Farming Operation on lands legally described as SE 36-19-14-W4, containing 7.80 acres, subject to the following conditions: 1. This use complying with all Federal, Provincial and Municipal statutes, regulations, codes and standards. 2. The total number of employees, not including the applicant involved with the said operation, not exceeding three as specified in this application. 3. The applicant ensuring adequate parking space is available for this use. 4. The developer ensuring there is no contamination of soil, surface water or groundwater from this use. 5. 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 apply for renewal a minimum of two months prior to its expiration. CARRIED. January 25, 2005 Municipal Planning Commission Page 12 ~,v. 14. Subdivisions There were no subdivision items. 15. Other Business 1. General Discussion #05-001 - Home Occupation Major New & Renewal Applications The Development Control Officer requested the Commission to consider granting her the authority to approve home occupation major (new and renewal) applications. The Commission requested that the County Planner draft an amendment to Land Use Bylaw #1443-03 to include the use of an °accessory building" as part of the home occupation minor regulations. The County Planner will also research the process required to change the development authority duties to include the Development Control Officer being given the authority to approve renewal applications for home occupation major applications if there have not been any changes to the original home occupation major application, and/or any complaints received. 16. Post Agenda Items ,--- - 1. Temoorarv Permits & Home Occupations Without a Residence Discussion took place on situations where temporary permits may be required. The Commission directed the County Planner to research the creation of a separate use for temporary permits/work sites (non-residential) within specified land use districts, as a discretionary use. For uses that would be permanent, the Commission recommended that the existing home occupation/home industry permit system should still apply with no variance of waiver of the habitable residence requirement. 2. Meeting Date P-16/05 MOVED by Councillor Wutzke that we change the February 22, 2005, MPC meeting to March 8, 2005. CARRIED. 17. Question Period A question period took place. January 25, 2005 Municipal Planning Commission Page 13 c , v. -- 18. Information Items There were no information items. 19. Adiourn P-17/05 MOVED by Councillor Schroeder that the meeting adjourn at 2:37 p.m. CARRIED. AN ~, ~ -__,_ ADMINISTRATOR January 25, 2005 Municipal Planning Commission Page 14