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HomeMy WebLinkAbout2005-03-08 Municipal Planning Commission (Regular) Minutes„^ County of Newell No. 4 Municipal Planning Commission Meeting March 8, 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, March 8, 2005 commencing at 10:03 a.m. Members Present: Chairman C. Vermeeren Councillors Members County Planner Development Control Officer Administrator Executive Assistant I. Schroeder H. Wutzke B. McKellar S. Swenson T. Henry P. Urban A. Martens C. Isaac 1. CALL TO ORDER The Chairman called the meeting to order at 10:03 a.m. 2. EXCUSED FROM MEETING ~--- All members were in attendance at this meeting. 3. MINUTES A) January 25, 2005 Minutes of the January 25, 2005 meeting were presented to the Commission. P-18/05 MOVED by Councillor Schroeder that we adopt these minutes as presented. 4. CALL FOR POST AGENDA ITEMS The Chairman called for post agenda items. MOTION CARRIED 5. ADOPTION OF AGENDA P-19/05 MOVED by Councillor Wutzke that the agenda be adopted as amended. MOTION CARRIED ,.-- ~ , 6. BUSINESS FROM MINUTES A) 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 P-20/05 MOVED by Councillor Wutzke that we classify this as an °Office" for the purpose of a "Contractor's Yard" being a permitted use within the I- Industrial District and that approval be granted for Development Permit #2684 for the existing development of an 168.12 mz (1,810 ft.Z) modular office complex with vestibule, together with the overall use of the existing buildings as a ~~Contractor's Yard" on Plan 1872 FR, Parcel A, (within NE 4-19-14-W4), granting the following variance: ii) 15.44 m (50.7 ft. ), to Section 73 of Land Use Bylaw #1443-03, to the Front Yard Setback for the existing modular office complex with vestibule, where the following is required prior to issuance of this permit: a) The developer providing a copy of a detailed landscaping treatment or screening plan for the parcel. This screening may 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. This shall also be reviewed and approved by Alberta Transportation. and subject to the attached 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 (North) Flankage (South) Side * 14.56 (as varied by the Municipal Planning Commission) *30 m ** 3 m * Minimum distance to be maintained from public roadway right of way. ** 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 that access can be provided for Emergency Services vehicles to three sides of the building. ~. V March 8, 2005 Municipal Planning Commission Page 2 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. 12. The developer ensuring the property is maintained to the satisfaction of the Development Officer. 13. The developer ensuring this development is located as shown on the site plan approved in this application and submitted on August 25, 2004. Any changes to that plan shall require the written approval of the Development Officer. 14. This permit is being granted only for the 168.12 m2 (1,810 ft.Z) modular office complex with vestibule, and the use of the existing buildings, for the purposes of a Contractor's Yard on Plan 1872 FR, Parcel A, (within NE 4-19-14-W4). Any additional development shall require prior approval of a separate permit application. 15. The developer ensuring the design, character and appearance of the existing building is consistent with, or better than, other buildings in the vicinity. 16. The developer ensuring landscaping of the property is complete within two years from the date of approval. 17. The developer ensuring there is no contamination of soil, surface water or groundwater from this use. 18. The developer ensuring all hazardous waste materials are properly disposed of in regulated facilities. 19. The developer ensuring all outdoor garbage containers are stored in weatherproof and animal-proof containers and are covered and screened from the public roadways. 20. The developer ensuring that an appropriate form of dust suppression is maintained at this site. This shall be in the form of crushed rock, pavement, landscaping or another means approved by the Development Authority. 21. The developer ensuring adequate parking space is available for this use. 22. The developer addressing, to the satisfaction of the Alberta Transportation, any concerns put forward by the Alberta Transportation. MOTION CARRIED B) 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. 7. COUNCIL & S.D.A.B. REPORT There was nothing to report. ~ - ~~ March 8, 2005 Municipal Planning Commission Page 3 8. DEVELOPMENT REPORT -JANUARY 19, 2005 -FEBRUARY 18. 2005 P-21/05 MOVED by Councillor Schroeder that we accept the Development Report. MOTION CARRIED 9. CORRESPONDENCE A) Town of Brooks -Land Use Amendment -File #2005 LUB 001 A letter from the Town of Brooks, regarding an amendment to their Land Use Bylaw, was presented to the Commission as information. 10. DEVELOPMENT PERMITS A) Permit #2728 - SE 29-20-14-W4, -Division 8 Ramer Ranches, Ltd. (Owner) Kathy Ramer (Applicant) Variance to Land Use Bylaw #1443-03 -Section 55, Dwelling Units Per Parcel Temporary Placement of Manufactured Home -One Year (12 Month) Period P-22/05 MOVED by Councillor Wutzke that we classify this "Temporary Residence" as a "Dwelling Unit" being a discretionary use within the A -Agricultural District and that we approve Development Permit #2728 for the temporary placement of a 2003 manufactured home for agricultural purposes, to be located on SE 29-20-14-W4, for a period of twelve (12) months from the date of approval. A temporary variance is being granted to Section 55 of Land Use Bylaw #1443-03 to permit a third residence on the property, 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 (East) Side Flankage Rear * 30 m **3 m *30 m **3 m * Minimum distance to be maintained from secondary roads or public roadways. ** Minimum distance to be maintained from property lines. 4. The proposed development complying with the Alberta Building Code where applicable. 5. The developer obtaining, and complying with, all other required permits including electrical, heating & ventilation, gas and plumbing from an accredited inspection agency and providing copies of the applicable permits to the Development Officer. 6. The developer ensuring an adequate supply of water is provided for this use. 7. The developer ensuring the site is graded so that storm water does not drain onto adjoining properties. ~~ v . March 8, 2005 Municipal Planning Commission Page 4 ~. 8. The developer ensuring there is proper and legal access provided to the property. 9. The developer ensuring there is proper disposal of sewage and waste from this use. The developer ensuring the appropriate septic system is utilized for this development. The developer providing the Development Officer with written evidence from a person qualified in the installation of septic systems that the proposed septic system is suitable for the land. 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 approved in this application and submitted February 9, 2005. 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 2003 manufactured home for agricultural purposes, for a period of twelve (12) months, on SE 29-20-14-W4. Any additional development shall require prior approval of a separate permit application. 15. The developer ensuring that there are no more than two residences on the property upon expiration of this permit. 16. The developer ensuring the design, character and appearance of the manufactured home is consistent with 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 temporary residence is not used for rental purposes. 19. The developer providing the County of Newell with a copy of an approved Roadside Development Permit issued by Alberta Transportation for the primary dwelling. 20. The developer addressing, to the satisfaction of Alberta Transportation, any concerns put forward by Alberta Transportation. MOTION CARRIED B) Permit #2730 - NW 24-17-14-W4 Plan 8010339, Block 1, Lot 3, -Division 2 Bruce & Lorraine Brown (Owners) Bruce Brown (Applicant) Replacement Residence -Moved in Single Detached Dwelling P-23/05 MOVED by B. McKellar that we classify this "Moved in Building" as a "Single Detached Dwelling" being a permitted use within the CR -Country Residential District and that approval be granted for Development Permit #2730 fora 149 mz (1,600 ftZ) moved in 1960 single detached dwelling on Plan 8010339, Block 1, Lot 3 (within NW 24-17-14-W4), where the following is required prior to issuance of this permit: a) 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. b) 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. (~ March 8, 2005 Municipal Planning Commission Page 5 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. and subject to the attached 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 Rear * 7.5m **3m **7.5m * Minimum distance to be maintained from subdivision streets or service roads. ** Minimum distance to be maintained from property lines. 4. The proposed development complying with the Alberta Building Code where applicable. 5. The developer obtaining, and complying with, all other required permits including electrical, heating & ventilation, gas and plumbing from an accredited inspection agency and providing copies of the applicable permits to the Development Officer. 6. The developer ensuring an adequate supply of water is provided for this use. 7. The developer ensuring the site is graded so that storm water does not drain onto adjoining properties. 8. The developer ensuring there is proper disposal of sewage and waste from this use. 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 approved in this application and submitted February 11, 2005. 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 149 m2 (1,600 ft2) moved in 1960 single detached dwelling on Plan 8010339, Block 1, Lot 3 (within NW 24-17-14-W4). Any additional development shall require prior approval of a separate permit application. 14. The developer ensuring that the proposed building is placed on a permanent foundation within six (6) months from the date of approval. 15. The developer ensuring the design, character and appearance of the proposed building is consistent with other buildings in the vicinity. 16. The developer ensuring the existing manufactured home be removed upon occupancy of the new building, not later than twelve (12) months from the date of the permit approval. 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. ~~V. March 8, 2005 Municipal Planning Commission Page 6 ,~,. 18. The developer ensuring the property is not used for conducting a business or commercial operation. MOTION CARRIED 11. HOME OCCUPATION/HOME INDUSTRY PERMITS A) Home Industry -Major Permit #179 - SE 36-19-14-W4 -Division 10 Jeffrey & Vicki Alberts (Owners) Jeff Alberts, Operating as Big Steam Oilfield Services, Ltd. (Applicant) Existing Steam & Vac Truck Service and Repair of Oilfield Equipment P-24/05 MOVED by B. McKellar that we refuse this application, as this proposal exceeds the number of commercial trucks and employees permitted as stated in Section 7 and 4 respectively, outlined in Schedule E of Land Use Bylaw #1443-03, pertaining to the Home Industry -Major guidelines, and that a period of one year be granted for the existing operation to comply with the provisions of Land Use Bylaw #1443-03. MOTION CARRIED B) Home Industry -Major Permit #180 - NE 25-19-14-W4 -Division 10 Jeffrey & Vicki Alberts (Owners) Jeff Alberts, Operating as Big Steam Oilfield Services, Ltd. (Applicant) Existing Steam & Vac Truck Service and Repair of Oilfield Equipment P'~ X05 MOVED by B. McKellar that we refuse this application, as this proposal is part of an existing large operation which exceeds the number of commercial trucks and employees permitted as stated in Section 7 and 4 respectively, outlined in Schedule E of Land Use Bylaw #1443-03, pertaining to the Home Industry -Major guidelines. MOTION CARRIED C) Home Industry -Minor Permit #181 - SE 10-19-14-W4 Plan 4873 FQ, Parcel A, -Division 10 Lionel & Tammy Stuber (Owners) Mr. & Mrs. Lionel Stuber (Applicants) Existing Oilfield Maintenance Service P-26/05 MOVED by Councillor Wutzke that we classify this as a "Horne Industry Minor" being a discretionary use within the A -Agricultural District and that approval be granted for Home Industry -Minor Permit Application #181, for the operation of a oilfield maintenance service, on Plan 4873 FQ, Parcel A, (within SE 10-19-14-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 non-resident, part-time and full-time employees involved with the said occupation, not exceeding four. ~. U March 8, 2005 Municipal Planning Commission Page 7 4. The applicant ensuring that no more than three commercial vehicles 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 mz 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. 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 Land Use Bylaw #1143-03. It is the responsibility of the applicant to apply for renewal a minimum of two months prior to its expiration. MOTION CARRIED 12. AGRICULTURAL SUPPORT SERVICE PERMITS There were no Agricultural Support Service Permit items. Recess The Commission recessed from 10:52 a.m. to 11:00 a.m. 13. LAND USE CHANGES A) #05 LUA 002 - NW 25-18-15-W4, SW 36-18-15-W4 Parcels A & B, Plan 1080FE -Division 5 Alta Link (Owner) Doug Bell (Applicant) From A -Agricultural District to CR -Country Residential District Betty Stica and Doug Bell arrived at 11:15 a.m. Mr. Bell explained that the property was previously owned by Betty & Martin Stica, which was then sold to Trans Alta Utilities. Mr. & Mrs. Stica retained a lease with Trans Alta for the residence. The agreement between Mr. & Mrs. Stica and Trans Alta stated that Trans Alta would submit a subdivision application after a period of 15 years, after which they would sell the residential portion back to Mr. & Mrs. Stica. Mr. Bell stated that this application complies with the Area Structure Plan and should therefore be approved. ~. March 8, 2005 Municipal Planning Commission Page 8 P~/05 MOVED by Councillor Schroeder that we recommend to Council that consideration be given to first reading of a bylaw to re-designate approximately 4.54 ha (11.22 ac) in Pt. NW 25-18-15-W4, SW 36-18-15-W4, Parcels A & B, Plan 1080FE, from A - Agricultural District to CR -Country Residential District. MOTION CARRIED Betty Stica and Doug Bell left the meeting at 11:24 a.m. C) #05 LUA 005 - Pt NW 27-21-19-W4 -Division 6 Joel Bulger (Owner & Applicant) From A -Agricultural District to RUR -Rural Residential District P-28/05 MOVED by Councillor Wutzke that we recommend to Council that consideration be given to first reading of a bylaw to re-designate approximately 3.86 ha (9.54 ac) in NW 27-21-19-W4, from A -Agricultural District to RUR -Rural Residential District. MOTION CARRIED B) #05 LUA 004 - Pt. NW 12-20-15-W4 -Division 8 Gerald Trembecki (Owner & Applicant) From A -Agricultural District to CR -Country Residential District ,--- Gerald Trembecki arrived at 11:34 a.m. A question was raised to determine if this application was within the MDS of Lakeside. It was confirmed that this site is beyond the MDS of Lakeside. P-29/05 MOVED by Councillor Wutzke that we recommend to Council that consideration be given to first reading of a bylaw to re-designate approximately 9.85 ha (24.33 ac) in Pt. NW 12-20-14-W4M, from A -Agricultural District to CR -Country Residential District. MOTION CARRIED Gerald Trembecki left the meeting at 11:41 a.m. Lunch The Commission recessed for lunch from 11:42 a.m. to 12:51 p.m. ~, v March 8, 2005 Municipal Planning Commission Page 9 13. LAND USE CHANGES - CONT'D _ D) #05 LUA 003 - Pt. SW 13-17-17-W4 Plan 8410810, Block 1, Lot 22 Bow City -Division 4 590110 Alberta, Ltd. (Owner) David & Cheryl Andrews (Applicants) From HR -Hamlet Residential District to HC -Hamlet Commercial District Discussion took place on the existing bridge location in comparison to the proposed bridge location. Councillor Vermeeren mentioned concerns have been expressed about the potential for disturbance of peace in the residential area if this application is approved. David & Cheryl Andrews, Judy Mattern, and Kay Maksymich arrived at 1:21 p.m. Mr. Andrews mentioned that provincial criteria for designation of hamlet status requires a commercial use. The County Planner clarified that this hamlet currently does not meet the provincial criteria as a hamlet and that one property must be used for non-residential use, not necessarily commercial use. Ms. Maksymich stated that she wants the hamlet to remain a quiet residential hamlet, does not see any reason for a Hamlet status, and is concerned with the potential for an increase in traffic. Ms. Mattern stated that the majority of the residents are against this application, as submitted in a letter to the Commission. Ms. Maksymich mentioned that she was not aware of any commercial lot designation when they moved into the Hamlet. Councillor Vermeeren explained what the procedures would be if any development were to take place on a commercial lot. The County Planner mentioned that Alberta Transportation would require approval of a Roadside Development Permit before any commercial application would be approved. Mrs. Andrews explained that the property was originally purchased for their hired man to live, and the purchase price paid was based on three residential lots and one commercial lot. P-30/05 MOVED by Councillor Wutzke that we recommend to Council that consideration be given to first reading of a bylaw to re-designate approximately 0.614 ha (1.52 ac) in Pt. SW 13-17-17-W4, Plan 8410810, Block 1, Lot 22, from HR -Hamlet Residential District to HC -Hamlet Commercial District. MOTION CARRIED David & Cheryl Andrews, Judy Mattern, and Kay Maksymich left the meeting at 1:43 p.m. G' , ~ March 8, 2005 Municipal Planning Commission Page 10 ,,,~ 14. SUBDIVISIONS A) #05 NL 002 - Pt. NW 23-18-16-W4 -Division 5 Eastern Irrigation District (Owner) Cameron Christianson, Midwest Surveys (Applicant) To Subdivide Approximately 4.6 ha (11.36 ac) with a Farm Home and Accessory Buildings from a Larger Aaricultural Parcel P-31/05 MOVED by Councillor Schroeder that we recommend to Council approval of Subdivision #05 NL 002, to subdivide approximately 4.6 ha (11.36 ac) with a farm home and accessory buildings from a larger agricultural parcel, subject to the following conditions: 1. That all oil and gas company leases, rights of way and board orders, be carried forward, when the subdivision mylar is registered at Land Titles Office. 2. The applicant providing 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 consolidation of a part of road closure plan 2847 B.M. with the subdivided parcel. 4. The applicant entering into an agreement with the County of Newell for the installation, removal and/or upgrade of any required road approaches to the proposed and/or remnant parcels. 5. The applicant meeting all the requirements of the Eastern Irrigation District with respect to the conveyance of water as well as easements, if required. 6. The applicant entering into a Rural Water Use Purposes Agreement with the Eastern Irrigation District and providing evidence of this agreement, if required. 7. That all outstanding municipal taxes be paid prior to the endorsement. .-- MOTION CARRIED B) #05 NL 003 - Pt. NW 24-15-16-W4 -Division 4 S & K Farms, Ltd. (Owner) Stephen & Kim Anderson (Applicants) Subdivision of a Rural Residential Lot from Agricultural Land P-32/05 MOVED by Councillor Schroeder that we recommend to Council approval of Subdivision #05 NL 003, 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 consolidation, by plan, of the remnant parcel with the north half of 24- 15-16-W4. 4. The applicant entering into an agreement with the County for the installation, removal and/or upgrade of any required road approaches to the proposed and/or remnant parcels. 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 entering into a rural water use purposes agreement with the Eastern Irrigation District and providing a copy of this agreement to the County prior to endorsement. e ~~ Mazch 8, 2005 Municipal Planning Commission Page 11 7. The applicant signing the declaration 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. MOTION CARRIED 16. OTHER BUSINESS A) General Discussion #05-002 -Correspondence Presented at November 30. 2004 Commission Meeting -Sarah Meggitt Reouest for Variance to Land Use Bylaw #1443-03 - Section 83.9 Keeping of Horses in CR - Country Residential District The Development Control Officer informed the Commission that under the Freedom of Information and Protection of Privacy Act, potentially slanderous items should not be included in the materials that are distributed to delegations. The Commission agreed that any potentially slanderous material should also be discussed in camera. 17. POST AGENDA ITEMS A) Invite for Town of Brooks -Area Redevelooment Plan The County Planner informed the Commission that the Town of Brooks is having an Open House for an Area Redevelopment Plan, for the Town's downtown area, to be held on March 17, 2005, at the Town of Brooks. 15. STATUTORY PLANS -NEW & AMENDMENTS The Commission reviewed the Dahl Estates Area Structure Plan. The County Planner will ensure that the Dahl Estates Area Structure Plan is amended with the appropriate textual changes. Recess The Commission recessed from 2:12 p.m. to 2:15 p.m. 14. SUBDIVISIONS - CONT'D C) #05 NL 001 - Pt. NW 19-18-14-W4 -Division 5 Dean & Terri Martin (Owners) Ron Switzer, Olympia Engineering (Applicant) Phase 2 of the Martin Industrial Subdivision, Approximately 42.67 ha (105.45 ac) Into 12 Industrial Lots Ron Switzer and Dean Martin arrived at 2:16 p.m. ~.v March 8, 2005 Municipal Planning Commission Page 12 ,.--, Mr. Martin mentioned that there is no indication of surface wells on the property. Mr. Switzer mentioned that, if he can get water from the Eastern Irrigation District, he will fill the pond with water on the public utility lot. P-33/05 MOVED by Councillor Schroeder that we recommend to Council approval of Subdivision #05 NL 001, to allow for phase 2 of the Martin Industrial Subdivision, subdividing approximately 42.67 ha (105.45 ac) into 12 industrial lots, 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 consolidation of the cut-off area south of the Eastern Irrigation District drain, by plan, with SW 19-18-14-W4. 4. 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. 5. 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. 6. The applicant meeting any requirements of the Eastern Irrigation District with respect to the conveyance of water as well as easements. 7. That all outstanding municipal taxes be paid prior to the endorsement. <--- MOTION CARRIED Dean Martin left the meeting at 2:30 p.m. Recess The Commission recessed from 2:34 p.m. to 2:38 p.m. 15. STATUTORY PLANS -NEW & AMENDMENTS - CONT'D A) Dahl Estates -Area Structure Plan The County Planner distributed a letter, from Alberta Energy and Utilities Board, commenting on the Dahl Estates Area Structure Plan. Included was also a letter from Allen Torkelson, commenting on this application. The County Planner mentioned that if there are any well sites in the area, that they must adhere to the 100m setback or the guidelines set out in bulletin #99-4. The County Planner also mentioned that negotiations are taking place between the developer and adjacent property owners about various options to mitigate noise from an irrigation pump located to the north and another pump located to the south of the .-- development that may affect future property owners within the plan area. e , ~/~ March 8, 2005 Municipal Planning Commission Page 13 P-34/05 MOVED by Councillor Wutzke that we recommend to Council that consideration be given to first reading of a bylaw to adopt the Dahl Estates Area Structure Plan. MOTION CARRIED Ron Switzer left the meeting at 2:48 p.m. 18. QUESTION PERIOD A question period took place. 19. INFORMATION ITEMS There were no information items. 20. ADJOURN P-35/05 MOVED by Councillor Wutzke that the meeting adjourn at 2:50 p.m. MOTION CARRIED IRMAN ~~~~ i AD M I N ISTRATO R March 8, 2005 Municipal Planning Commission Page 14