HomeMy WebLinkAbout2005-03-29 Municipal Planning Commission (Regular) Minutes.~- County of Newell No. 4
Municipal Planning Commission Meeting
March 29, 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 29, 2005
commencing at 10:02 a.m.
Members Present: Chairman C. Vermeeren
Councillors I. Schroeder
H. Wutzke
Member S. Swenson
County Planner T. Henry
Development Control Officer P. Urban
Administrator A. Martens
Executive Assistant C. Isaac
Member Absent: Member B. McKellar
1. CALL TO ORDER
The Chairman called the meeting to order at 10:02 a.m.
,r„ 2. EXCUSED FROM MEETING
P-36/05 MOVED by Councillor Wutzke that B. McKellar be excused from the meeting.
MOTION CARRIED
3. MINUTES
A) March 8, 2005
Minutes of the March 8, 2005 meeting were presented to the Commission.
P-37/05 MOVED by Councillor Schroeder that we adopt these minutes as presented.
MOTION CARRIED
4. CALL FOR POST AGENDA ITEMS
The Chairman called for post agenda items.
5. ADOPTION OF AGENDA
P-38/05 MOVED by Councillor Schroeder that the agenda be adopted as amended.
MOTION CARRIED
'~'
6. BUSINESS FROM MINUTES
A) 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
The Chairman and the Administrator gave this report.
8. DEVELOPMENT REPORT -FEBRUARY 19 2005 -MARCH 23 2005
P-39/05 MOVED by Councillor Wutzke that we accept the Development Report.
MOTION CARRIED
9. CORRESPONDENCE
A) Town of Bassano -Subdivision Circulation -File #6013-054.2
A letter from BSEI Consulting Engineers, regarding a subdivision application in the
Town of Bassano, was presented to the Commission as information.
B) Town of Bassano -Subdivision Circulation -File #6013-055.2
A letter from BSEI Consulting Engineers, regarding a subdivision application in the
Town of Bassano, was presented to the Commission as information.
10. DEVELOPMENT PERMITS
A) Permit #2732 - Ptn. SW 17-19-14-W4 -Division 10
Wells Ranching Company Ltd. (Owner) Bill & Linda Wells (Applicants)
Existing Well Servicing Operation
P-40/05 MOVED by Councillor Schroeder that we classify this as a "Well Servicing Operation"
being a discretionary use within the LI -Light Industrial District and that approval be
granted for Development Permit #2732 for an existing urethane applicator operation
and the storage and restoration of oilfield shacks on Ptn. SW 17-19-14-W4, granting
variance to Section 55 of Land Use Bylaw #1443-03, and amendments thereto, to
permit a second residence on the property, where the following are required prior to
issuance of this permit:
a) The applicant entering into a Roadside Development Agreement with Alberta
Transportation, if required by Alberta Transportation and providing evidence
-- of this agreement.
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March 29, 2005 Municipal Planning Commission Page 2
,.- b) The applicant entering into, and providing evidence that, a joint
cross access agreement exists between the lands legally described
as SW 17-19-14 W4M and SE 18-19-14 W4M. This shall, at no
cost to the County, be registered onto the Certificates of Titles for
each parcel.
and subject to the following conditions:
1. The proposed development complying with all Federal, Provincial and
Municipal statutes, regulations, codes and standards.
2. The proposed development complying with the provisions of Section 95 of
Land Use Bylaw #1443-03, and amendments thereto, pertaining to the LI -
Light Industrial District.
3. The developer ensuring the following setbacks are maintained for the
proposed development:
Front (South) Side Flankage (West) Rear
*30 m **3 m *30 m **3 m
* Minimum distance to be maintained from public roadway rights 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 Emergency Services vehicular access can be provided
from the proposed building to the proposed water hydrant, or other water
source. This distance shall not exceed 45 m or as recommended by the
Brooks Rural Fire Department.
9. The developer ensuring an adequate supply of water is provided for this use.
10. The developer ensuring the site is graded so that storm water does not drain
onto adjoining properties.
11. The developer ensuring there is proper and legal access provided to the
property.
12. The developer ensuring the property is maintained to the satisfaction of the
Development Officer.
13. The developer ensuring construction materials, supplies and equipment are
stored on the property and not on the public roadway.
14. The developer ensuring the continuous clean up of construction debris tracked
onto the public roadway where access is provided to the property.
15. The developer ensuring this development is located as shown on the site plan
approved in this application and submitted February 15, 2005. Any changes
to that plan shall require the written approval of the Development Officer.
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March 29, 2005 Municipal Planning Commission Page 3
,_ 16. This permit is being granted only for an existing well servicing operation,
consisting of a urethane operation and the storage and restoration of oilfield
shacks on lands legally described as SW 17-19-14-W4. Any additional
development shall require prior approval of a separate permit application.
17. The developer ensuring there is no contamination of soil, surface water or
groundwater from this use.
18. The developers ensuring the operations maintain the required setback
distance from Cann Lake and the Unnamed Slough on the property.
19. The developer ensuring all hazardous waste materials are properly disposed
of in regulated facilities.
20. The developer ensuring all outdoor garbage containers are stored in
weatherproof and animal-proof containers and are covered and screened from
the public roadways.
21. 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.
22. The developer addressing, to the satisfaction of Alberta Transportation, any
concerns put forward by Alberta Transportation.
23. The developer addressing, to the satisfaction of Sustainable Resource
Development, any concerns put for by Sustainable Resource Development.
24. There being no objections received from the Eastern Irrigation District.
MOTION CARRIED
,~- B) Permit #2736 - NW 15-19-14-W4 Plan 0510374, Block E, Lot 4, -Division 10
Harvey & Yvonne Yanke (Owners) Harvey Yanke (Applicant)
Moved in 1975 Dwelling & Construction of Accessory Buildina
P-41/05 MOVED by Councillor Wutzke that we classify these buildings as a "Moved in Single
Detached Dwelling" and an "Accessory Building" being a discretionary use and a
permitted use respectively within the CR -Country Residential District and that
approval be granted for Development Permit #2736 fora 1975 moved in 130 m2
(1,395 ft. 2) single detached dwelling, with existing deck and rear landing and the
construction of a 78 m2 (840 ft.Z) accessory building for the purposes of general and
vehicular storage on Plan 0510374, Block E, Lot 4 (within NW 15-19-14-W4), where
the following are required prior to commencement of construction, and final approval
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 an agreement with the County of Newell for the
installation and/or upgrade of any required road approaches to the parcel. This
agreement shall, at the applicant's expense, be registered as a caveat against the
lands, if required.
c) The developer providing the 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.
and subject to the following conditions:
~-- 1. The proposed development complying with all Federal, Provincial and
Municipal statutes, regulations, codes and standards.
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March 29, 2005 Municipal Planning Commission Page 4
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 (North) Side Rear (South)
*30 m **3 m **7.5 m
* Minimum distance to be maintained from secondary highways 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.
8. The developer ensuring there is proper and legal access provided to the
property.
9. The developer ensuring there is proper disposal of sewage and waste from
this use. The developer ensuring the appropriate septic system is utilized for
this development.
10. The developer ensuring the proposed development does not encroach onto
the EID Drain located to the south.
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 March 16, 2005. 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 1975 moved in
130 m2 (1,395 ft. Z) single detached dwelling, with existing deck and rear
landing and the construction of a 78 mz (840 ft.2) accessory building for the
purposes of general and vehicular storage on Plan 0510374, Block E, Lot 4
(within NW 15-19-14-W4). Any additional development shall require prior
approval of a separate permit application.
16. The developer ensuring that the proposed buildings are placed on a
permanent foundation within six months from the date of approval.
17. The developer ensuring the design, character and appearance of the proposed
building and accessory building are consistent with, or exceed the standard
of, other buildings in the vicinity.
18. 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 single detached dwelling.
19. The developer ensuring there is a 2 m (6.6 ft.) separation distance between
the proposed buildings.
20. The developer ensuring the accessory building does not exceed 186 mZ
(2,002 ft.2). n
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March 29, 2005 Municipal Planning Commission Page 5
,_ 21. The developer ensuring
in height.
22. The developer ensuring
ft.) in height.
23. The developer ensuring
24.
25.
26.
27.
28.
purposes.
on the property.
The developer ensuring the property is not used for conducting a business or
commercial operation.
The developer ensuring landscaping of the property is complete within two (2)
years from the date of approval.
The developer ensuring all outdoor garbage containers are stored in
weatherproof and animal-proof containers and are covered and screened from
the public roadways.
The developer ensuring the existing manufactured home be removed upon
occupancy of the new building, no later than twelve (12) months from the
date of the permit approval.
The developer ensuring that there is no more than one (1) residence located
MOTION CARRIED
C) Permit #2737 -Plan 7811389, Block 1, Lot 5 -Division 4
Scandia Honey Corporation (Owner) Johan Thiessen (Applicant)
Moved in 1979 Manufactured Home With Porch Addition and Deck
P-42/05 MOVED by Councillor Schroeder that we classify this as a "Moved in Building -
Manufactured Home" being a discretionary use within the HMH - Hamlet
Manufactured Home Residential District and that approval be granted for
Development Permit #2737 fora 1979 moved in 952 ft.2 manufactured home, with
158 ft 2 porch addition and deck on Plan 7811389, Block 1, Lot 5 (209 Timko Street),
where the following are required prior to commencement of construction, and final
approval and issuance of this permit:
a) The developer becoming the registered owner of the property.
b) The developer providing the County of Newell with an irrevocable letter of
credit, or other form of security to the satisfaction of the municipality, in the
amount of $1,000.00 to ensure that the requirements of the following
conditions are met:
i) This development is complete, as specified, with new vinyl windows
throughout and new exterior vinyl siding consistent with exterior vinyl
siding on the porch addition, within six (6) months from the date of
approval.
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.
and subject to the following conditions:
1. The proposed development complying with all Federal, Provincial and
"^ Municipal statutes, regulations, codes and standards.
G,~~
the accessory building does not exceed 5.5 m (18 ft.)
the accessory building walls do not exceed 3 m (9.8
the proposed accessory building is not used for living
March 29, 2005 Municipal Planning Commission Page 6
.,,._ 2. The proposed development complying with the provisions of Section
87 of Land Use Bylaw #1443-03, and amendments thereto, pertaining
to the HMH -Hamlet Manufactured Home Residential District.
3. The developer ensuring the following setbacks are maintained for the
proposed development:
Front (West) Side A (South) Side B (North) Rear (East)
*5 m **3.6 m ***3 m ***3 m
* Minimum distance to be maintained from subdivision streets or
service roads.
** Minimum distance to be maintained from the property line where
the main door is located.
*** 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
dwelling. All this work shall be to the satisfaction of the Hamlet
Advisory Committee. The developer shall contact the Scandia Advisory
Committee, prior to backfilling, to review all connections. The
r 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 March 16, 2005.
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 952 ft.Z manufactured home with 158 ft 2 porch addition and
deck on Plan 7811389, Block 1, Lot 5 (209 Timko Street). Any
additional development shall require prior approval of a separate
permit application.
16.
r--- The developer ensuring the design, character and appearance of the
proposed building and addition are consistent with, or exceed the
standards of, other buildings in the vicinity.
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March 29, 2005 Municipal Planning Commission Page 7
.- 17. The developer ensuring the manufactured home is skirted with
materials the same as or consistent with the remainder of the building.
18. The developer ensuring the exterior of the proposed addition is sided
with materials the same as, or consistent with, the exterior of the
existing building.
19. The developer ensuring landscaping of the property is complete within
two (2) years from the date of approval.
20. The developer ensuring all outdoor garbage containers are stored in
weatherproof and animal-proof containers and are covered and
screened from the public roadways.
21. The developer ensuring adequate parking space is available for this
use.
22. 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.
MOTION CARRIED
11. HOME OCCUPATION/HOME INDUSTRY PERMITS
C) Home Industry Major Permit #182 - NW 18-21-13-W4 -Division 7
Gordon & Allison Gallup (Owners)
Gordon Gallup, Operating As Gallup Vac Truck Service Ltd. (Applicant)
Existing Vacuum Truck Service
Gordon Gallup, Tom Parker, Tammie Cage, Roselynn Easter, Bill Easter, and
Greg Pitcher arrived at 10:54 a.m.
Mr. Gallup stated that the vacuum truck service has been operating for five
(5) years and he is submitting an application to ensure compliance with the
regulations. A copy of Schedule E of Land Use Bylaw #1443-03, pertaining to
the Home Industry Major, was distributed to the delegation and members of
the public.
Mr. Gallup stated that the building was constructed for agricultural use and
the proposed use of the building would be for agricultural use as well as the
operation of the vacuum truck business. Mr. Gallup mentioned that there are
five (5) trucks operating under the business that are rarely on the property
and indicated that he has been operating for five (5) years with no complaints
from the neighbours. The County Planner asked Mr. Gallup if he applied for
the appropriate permit when the business operation first started. Mr. Gallup
replied that he did not.
Mr. Easter stated that he would be satisfied if all of the concerns of his letter
were met and the County regulations are adhered to. Mr. Easter expressed
that the major concern is contamination caused from this use and the
locations of where the waste material from the tanks is currently being
disposed. Mr. Gallup stated that the shop is designed with a sloped floor as
well as a pump out catchment tank that would capture all materials from the
tank which are to be shipped to Newalta. Mr. Easter asked where the tanks
have been dumped in the past. Mr. Gallup responded that only residue mud
and shale were dumped at the back of his yard in a specified area to the
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March 29, 2005 Municipal Planning Commission Page 8
south. Mr Gallup also noted that prior to leaving the lease site that contents
of the tank were tested by an on site environmentalist.
The Development Control Officer asked if there are any employees living in
the rig shacks while they were located on the property. Mr. Gallup responded
that no, he has had people stay over temporarily, but the rig shacks are not
used as a residence. Ms. Cage mentioned that she is concerned with the
resale of her property, and her water source is near the location where Mr.
Gallup has been dumping the tanks. Mr. Pitcher stated that he is concerned
with excess traffic due to the shop being placed so close to the residences and
is very concerned about the safety of children playing nearby. Mr. Parker
informed the Commission that he suggested to Mr. Gallup that the shop be
built further south before he started building it. In response, Mr. Gallup felt
that the land was unsuitable for farming therefore felt that it was an
appropriate location for the shop.
Discussion took place on accessing the property from south of the pond. Mr.
Gallup stated that he would be willing to research routing the access to the
south. The County Planner mentioned that the parcels might require
consolidation and the existing approaches may need to be closed off.
P-43/05 MOVED by Councillor Schroeder that we refer this item to a future meeting
when we have obtained an environmental site assessment and we have
received a response from the Palliser Health Authority.
-- MOTION CARRIED
Gordon Gallup, Tom Parker, Tammie Cage, Roselynn Easter, Bill Easter, and
Greg Pitcher left the meeting at 11:50 a.m.
A) Home Industry -Major Permit #157 - NW 4-20-14-W4
Plan 0011702, Block 8, Lot 1 -Division 8
Wayne & Reita Paddock (Owners) Mr. & Mrs. Wayne Paddock (Applicants)
Renewal Aonlication -Commercial Truck Storage
P-44/05 MOVED by Councillor Schroeder that we classify this as a "Home Industry
Major" being a discretionary use within the A -Agricultural District and that
approval be granted for the renewal of Home Industry Major Permit #157 for
a Commercial Truck Storage Compound on Plan 0011702, Block 8, Lot 1
(within NW 4-20-14-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 non-resident, part time and full time employees
involved with the said occupation, not exceeding five (5).
4. The applicant ensuring that no more than five (5) commercial vehicles
are used in conjunction with the Home Industry -Major 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 mZ placed flat against the building or fence.
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March 29, 2005 Municipal Planning Commission Page 9
,- 6. The applicant ensuring no noise, vibration, smoke, dust or odours,
which may affect adjacent landowners or development, are created
from this Home Industry -Major Permit.
7. The applicant ensuring adequate parking space is available for this
use.
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 (3) 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
#1443-03, and amendments thereto. It is the responsibility of the
applicant to renew a minimum of two (2) months prior to its
expiration.
MOTION CARRIED
Lunch
The Commission recessed from 11:58 a.m. to 1:08 p.m.
11. HOME OCCUPATION/HOME INDUSTRY PERMITS - CONT'D
Shelley Swenson declared a pecuniary interest and excused herself from the
meeting at 1:08 p.m.
,^. B) Home Industry -Major Permit #158 - NW 7-19-13-W4
Plan 8911871, Block 1, Lot 1 -Division 10
Wayne & Shelley Swenson (Owners)
Shelley Swenson, Operating As Big S Vacuum Service (Applicant)
Vacuum Truck Service Renewal
Shelley Swenson returned to the meeting, as a delegation, at 1:09 p.m.
Mrs. Swenson stated that they are hoping to move the trucks to another site,
but at the moment there are five (5) units being operated out of the home.
All of the waste is disposed of off site, in accordance with environmental
regulations, and five (5) employees are currently part time/full time. The
office is a permanent use on temporary footings, and is not visible from the
public roadway. Mrs. Swenson also mentioned that the trucks are all
contained within the shop with the exception of the trailers.
Shelly Swenson left the meeting at 1:21 p.m.
P-45/05 MOVED by Councillor Schroeder that we classify this as a "Home Industry
Major" being a discretionary use within the A -Agricultural District and that
approval be granted for the renewal of Home Industry -Major Permit #158
for a Vacuum Truck Service which includes a portable office, on Plan
8911871, Block 1, Lot 1 (within NW 7-19-13-W4), subject to the following
conditions:
1. This use complying with all Federal, Provincial and Municipal statutes,
,,,_ regulations, codes and standards.
2. This use not affecting the residential use of the property or adjacent
properties and area.
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March 29, 2005 Municipal Planning Commission Page ] 0
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3. The total number of non-resident, part time and full time employees
involved with the said occupation, not exceeding five (5), unless
required for safety reasons.
4. The applicant ensuring that no more than five (5) commercial trucks
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 -Major Permit.
7. The applicant ensuring adequate parking space is available for this
use, up to two (2) 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 (3) 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
#1443-03, and amendments thereto. It is the responsibility of the
applicant to renew a minimum of two (2) months prior to its
expiration.
MOTION CARRIED
Arrived at Meeting
Shelley Swenson returned at 1:40 p.m.
12. AGRICULTURAL SUPPORT SERVICE PERMITS
There were no Agricultural Support Service Permit items.
13. LAND USE CHANGES
A) #05 LUA 006 - Pt. SW 28-20-14-W4 -Division 8
842723 Alberta Ltd. (Owner) Marian and Dale Shantz (Applicants)
From A -Agricultural District to CR -Country Residential District
P-46/05 MOVED by Councillor Schroeder that we recommend to Council that
consideration be given to first reading of a bylaw to re-designate
approximately 2.0 hectares (4.9 acres) in Pt. SW 28-20-14-W4, from A -
Agricultural District to CR -Country Residential District.
MOTION CARRIED
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March 29, 2005 Municipal Planning Commission Page 11
,---
14. SUBDIVISIONS
A) #04 NL 014 - SE 3-19-14-W4 Plan 7410106, Block 2 -Division 10
Daniel & Catherine MacDonald (Owners)
Cameron Christianson, Midwest Surveys (Applicant)
Subdivision of a 5.3-acre Country Residential 2 Parcel into One Parcel
of 2.25 Acres and the Other 3.07 Acres to Legalize a Second Dwelling
on Site (Conversion of an Office into a Dwelling
P-47/05 MOVED by Councillor Wutzke that we recommend to Council approval of
Subdivision #04 NL 014, to subdivide a 5.3-acre Country Residential 2 Parcel
into One Parcel of 2.25 Acres and the Other 3.07 Acres to Legalize a Second
Dwelling on Site (Conversion of an Office into a Dwelling), subject to the
following conditions:
1. That all oil and gas company leases, rights of way and board orders,
be carried forward, when the subdivision mylar is registered at Land
Titles Office.
2. The applicant providing easements to franchise utilities for services to
the proposed parcels. The applicant may be responsible for the costs
associated with the installation, removal or modification of services.
3. The applicant entering into an agreement with the County of Newell for
the installation, removal and/or upgrade of any required road
approaches to the proposed and/or remnant parcels.
4. The applicant meeting all the requirements of the Eastern Irrigation
District with respect to the conveyance of water as well as easements.
,.-
5. The applicant entering into a Rural Water Use Purposes Agreement
with the Eastern Irrigation District and providing evidence of this
agreement.
6. That all outstanding municipal taxes be paid prior to the endorsement.
7. The applicant ensuring that the dwelling on the proposed south parcel
has separate utility tie-ins for telephone, gas, water, sewer and
electricity.
MOTION CARRIED
B) #05 NL 004 - SE 6-15-13-W4 Plan 2123 F.B. Block 1, Lots 14 & 15
Arline Kristianson (Owner) Barbara Lawson (Applicant)
Lot reorientation of two existing Hamlet Residential District (HR) Lots
to Legalize a Second Dwelling and to Have a Private Water and Septic
System for the Second Dwelling
Creating One Lot of 0.5 Acres and One Lot of 0 45 Acres
P-48/05 MOVED by Councillor Wutzke that we recommend to Council approval of
Subdivision #05 NL 004, to create one lot of 0.5 acres and one lot of 0.45
acres, subject to 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 dedication of a 5-metre strip of land, by plan, along the proposed
--- southern lot for future road widening.
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March 29, 2005 Municipal Planning Commission Page 12
~-- 3. The applicant providing easements to franchise utilities for services to
the proposed and remnant parcels. The applicant may be responsible
for the costs associated with the installation, removal or modification
of services.
4. The applicant entering into an agreement with the County of Newell for
the installation of any required road approaches to the proposed
and/or remnant parcels.
5. All outstanding municipal taxes being paid prior to endorsement and
that we waive the subdivision application fee for this subdivision.
MOTION CARRIED
15. STATUTORY PLANS -NEW & AMENDMENTS
A) Proposed Amendment to MDP - Policy Regarding Residential
Development in the County -Policy 3.1.2
The County Planner submitted a report on a proposed text amendment to the
Municipal Development Plan.
P-49/05 MOVED by Councillor Wutzke that we recommend to Council that
consideration be given to first reading of a bylaw to amend the Municipal
Development Plan by replacing the word "will" with "should" in Policy 3.1.2.
MOTION CARRIED
18. POST AGENDA ITEMS
B) Text Amendment to Agricultural District
The County Planner recommended that "Essential Public Service" should be
included in the Agricultural District as a Discretionary Use.
P-50/05 MOVED by Councillor Schroeder that we recommend to Council that
consideration be given to first reading of a bylaw to amend Land Use Bylaw
#1443-03 to include "Essential Public Service" in the Agricultural District as a
Discretionary Use.
MOTION CARRIED
16. TEXT AMENDMENTS TO LAND USE BYLAW #1443-03
A) #05 TA 001 -Home Occupation Amendments
P-51/05 MOVED by S. Swenson that we recommend to Council that consideration be
given to first reading of a bylaw to amend Land Use Bylaw #1443-03, Section
13 and Schedule B, to allow the Development Officer to approve certain
discretionary use applications and to allow the use of accessory buildings for
Home Occupation -Minor applications.
MOTION CARRIED
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March 29, 2005 Municipal Planning Commission Page 13
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17. OTHER BUSINESS
A) General Discussion #05-003 -Discussion on Non Compliant Use
The Development Control Officer submitted a report for discussion on a Non
Compliant Use. The Commission suggested that a change from the CR -
Country Residential District to the DC -Direct Control District may be a viable
option.
18. POST AGENDA ITEMS - CONT'D
B) Brian & Sarah Meggitt -Variance Request Horse Issue
The Development Control Officer informed the Commission that a warning
letter was issued for the Brian & Sarah Meggitt variance request, in which
they must comply by April 7, 2005.
P-52/05
MOVED by Councillor Schroeder that the Development Control Officer issue a
stop order, to Brian & Sarah Meggitt if they do not comply with the warning
letter by April 7, 2005.
MOTION CARRIED
19. QUESTION PERIOD
A question period took place.
20. INFORMATION ITEMS
There were no information items.
21. ADJOURN
P-53/05
MOVED by Councillor Schroeder that the meeting adjourn at 3:15 p.m.
MOTION CARRIED
AN
ADMINISTRATOR
March 29, 2005
Municipal Planning Commission
Page 14