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HomeMy WebLinkAbout2005-04-26 Municipal Planning Commission (Regular) MinutesCOUNTY OF NEWELL NO. 4 MUNICIPAL PLANNING COMMISSION MEETING APRIL 26, 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, April 26, 2005 commencing at 10:00 a.m. MEMBERS PRESENT: C. Vermeeren, Chairman I. Schroeder, Councillor H. Wutzke, Councillor S. Swenson, Member B. McKellar, Member STAFF: T. Henry, County Planner P. Urban, Development Control Officer A. Martens, Administrator S. Yokoyama, Administrative Secretary OTHERS IN ATTENDANCE: C. Baksa - 05 LUA 007 15 Concerned County Residents 1. CALL TO ORDER The Chairman called the meeting to order at 10:02 a.m. 2. EXCUSED FROM MEETING All members were in attendance 3. MINUTES a) March 29, 2005 Minutes of the March 29, 2005 meeting were presented to the Commission. P-54/05 MOVED BY COUNCILLOR H. WUTZKE that we adopt these minutes as presented. MOTION CARRIED 4. CALL FOR POST AGENDA ITEMS The Chairman called for post agenda items. ~, v, 5. ADOPTION OF AGENDA P-55/05 MOVED BY COUNCILLOR I. SCHROEDER that the agenda be adopted as presented. MOTION CARRIED 6. BUSINESS FROM MINUTES a. Permit #2691 - NW 31-18-14-W4M Plan 0511230, Block 1, Lot 3 -Division 5 Erwin & Sylvia Ochsner (Owners) Erwin Ochsner (Applicant) Moved in Manufactured Home P-56/05 MOVED BY COUNCILLOR I. SCHROEDER that we classify this building as a "Moved In Manufactured Home" being a discretionary use within the CR -Country Residential District and that approval be granted for Development Permit #2691 for the development of a 134 mz (1,440 ft2) moved in 1979 manufactured home with deck, on Lot 3, Block 1, Plan 0511230 (within the NW 31-18-14-W4M), granting a variance to Section 11(108) to permit a twenty five year old moved in building; where the following are required prior to commencement of construction and issuance of this permit: __ a) The developer providing the Development Officer with a copy of the building permit issued by a licensed, accredited building inspection agency for the County of Newell. b) 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. c) The developer entering into a Roadside Development Agreement with Alberta Transportation if required by Alberta Transportation and providing evidence of this agreement. d) 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. 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. .v. April 26, 2005 ~ Municipal Planning Commission Page 2 ..-- 3. The developer ensuring the following setbacks are maintained for the proposed development: Front (West) 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 proposed development complying with the Alberta Building Code where applicable. 5. The developer obtaining, and complying with, all other required permits including electrical, heating & ventilation, gas and plumbing from an accredited inspection agency and providing copies of the applicable permits to the Development Officer. 6. The developer ensuring the site is graded so that storm water does not drain onto adjoining properties. 7. The developer ensuring there is proper and legal access provided to the property. 8. The developer ensuring there is proper disposal of sewage and waste from this use. The developer ensuring the appropriate septic system is utilized for this development. -^ 9. The developer ensuring all outdoor garbage containers are stored in weatherproof and animal-proof containers and are covered and screened from the public roadways. 10. The developer ensuring an adequate supply of water is provided for this use. 11. The developer ensuring construction materials, supplies and equipment are stored on the property and not on the public roadway. 12. The developer ensuring the property is maintained to the satisfaction of the Development Officer. 13. The developer ensuring the continuous clean up of construction debris tracked onto the public roadway where access is provided to the property. 14. The developer ensuring this development is located as shown on the site plan approved in this application and submitted in the revised site plan on March 29, 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 134 mz (1,440 ftz) moved in 1979 manufactured home with deck on Lot 3, Block 1, Plan 0511230 (within the NW 31-18-14-W4M). Any additional development shall require prior approval of a separate permit application. Apri126, 2005 Municipal Planning Commission ~~ ~" Page 3 16. The developer ensuring the manufactured home is skirted with materials the same as or consistent with the remainder of the building. 17. The developer ensuring the proposed building is consistent with the purpose of the land use district and that the design, character and appearance of the proposed building is compatible with, or exceeds the standard of, other buildings in the vicinity. 18. The developer ensuring the property is not used for conducting a business or commercial operation. 19. The developer addressing, to the satisfaction of Alberta Transportation, any concerns put forward by Alberta Transportation. MOTION CARRIED b. Home Industry Major Permit #182 - NW 18-21-15-W4M -Division 7 Gordon & Allison Gallup (Owners) Gordon Gallup, o/a Gallup Vac Truck Service Ltd. (Applicant) Commercial Vacuum Truck Service - 5 Trucks & 5 Trailers There was no new information on this item. 7. COUNCIL & S.D.A.B. REPORT Nothing to report. 8. DEVELOPMENT REPORT -MARCH 23, 2005 -APRIL 20, 2005 P-57/05 MOVED BY B. MCKELLAR that the Development Report be accepted. MOTION CARRIED 9. CORRESPONDENCE a. SDAB Workshop -June 8, 2005 @ Luigi's Restaurant Commission members were advised of an SDAB Workshop being held in Brooks on June 8, 2005. Administration asked if any members-at-large would be interested in attending. Shelley Swenson expressed an interest in attending the workshop. Administration will make arrangements to register her for this workshop. Apri126, 2005 C i ~ ~ Municipal Planning Commission Page 4 ,--. b. Town of Brooks - 2005 MDP 001 A letter from the Town of Brooks, regarding an amendment to their Municipal Development Plan, was presented to the Commission as information. c. Town of Brooks - 2005 LUB 002 A letter from the Town of Brooks, regarding an amendment to their Land Use Bylaw, was presented to the Commission as information. d. Town of Brooks - 2005 SUB 003 A letter from the Town of Brooks, regarding subdivision application 2005 SUB 003, was presented to the Commission as information. 10. DEVELOPMENT PERMITS a. Permit #2739 - NE 34-18-15-W4M -Division 5 P & H Oilfield Maintenance Ltd. (Owner) Mike & Shannon Wenner (Applicants) Contractor's Yard -Existing Use P-58/05 MOVED BY COUNCILLOR I SCHROEDER that we classify these buildings and uses as a "Contractor's Yard" being a discretionary use within the LI -Light Industrial District and that approval be granted for Development Permit #2739 for the existing operation of a Contractor's Yard, with a 230 m2 (2,472 ft2) office, on the NE 34-18-15-W4M, containing 7.4 acres, where the following are required prior to final approval and issuance of this permit: a) The developer providing a copy of a detailed landscaping treatment or screening plan for the western and northern boundaries of the parcel. This screening may be in the form of natural deciduous and evergreen trees and shrubs, as a satisfactory means to reduce visibility from the public roadway located to the north. b) The registration of a caveat for the dedication of a 20-metre strip of land along the northerly boundary of the parcel for a future service road, to be purchased at a rate that is consistent with County policy at that time. and subject to the following conditions: 1. The proposed development complying with all Federal, Provincial and Municipal statutes, regulations, codes and standards. ,~-.. April 26, 2005 Municipal Planning Commission ` ~ ~ V ~ Page 5 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 (North) 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 proposed development complying with the Alberta Building Code where applicable. 5. The developer obtaining, and complying with, all other required permits including electrical, heating & ventilation, gas and plumbing from an accredited inspection agency and providing copies of the applicable permits to the Development Officer. 6. The developer ensuring the site is graded so that storm water does not drain onto adjoining properties. 7. The developer ensuring there is proper and legal access provided to the property. 8. The developer ensuring there is proper disposal of sewage and waste from this use. - 9. The developer ensuring an adequate supply of water is provided for this use. 10. 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. 11. The developer ensuring access can be provided for Emergency Services vehicles to all sides of the building. 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 property is maintained to the satisfaction of the Development Officer. 14. The developer ensuring this development is located as shown on the site plan approved in this application. Any changes to that plan shall require the written approval of the Development Officer. Apri126, 2005 ~/ ' ~ f Municipal Planning Commission Page 6 i--- 15. This permit is being granted only for the existing operation of a Contractor's Yard with a 297 m2 (3,191 ft2) shop and 230 m2 (2,472 ft2) office, on the NE 34-18-15-W4M, containing 7.4 acres. Any additional development shall require prior approval of a separate permit application. 16. The developer ensuring landscaping of the property is complete within two years from the date of approval where land is suitable. 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. 18. The developer ensuring that an appropriate form of dust suppression is maintained at this site at all times. This shall be in the form of crushed rock, pavement, or other means satisfactory to the Development Authority. 19. The developer ensuring there is no contamination of soil, surface water or groundwater from this use. 20. The developer ensuring all hazardous waste materials are properly disposed of in regulated facilities. 21. The developer ensuring adequate parking space is available for this use. MOTION CARRIED b. Permit #2741 - SE 8-19-14-W4M -Division 10 Plan 67 LK, Block T Dean Rath (Owner & Applicant) Variance Request -Side Yard Setback Addition to Existing Garage & House P-59/05 MOVED BY COUNCILLOR H. WUTZKE that we classify this as a °Single Detached Dwelling Addition" and an "Accessory Building Addition", being a permitted use within the CR - Country Residential District and that approval be granted for Development Permit #2741 for the development of a 37 m2 (400 ft2) single detached dwelling addition and a 53 m2 (576 ft2) accessory building addition on Block T, Plan 67 LK (within the SE 8- 19-14-W4M), granting the following variances: i) 1.56 m (5.1 ft), to Section 83.5 side yard setback, for the existing accessory building, ii) 0.95 m (3.1 ft), to Section 83.5 side yard setback, for the proposed accessory building addition and, iii) 0.23 m2 (2.48 ft2), to Section 83.8(2) for the overall area of the accessory building, where the following are required prior to commencement of construction and issuance of this permit: ~-- Apri126, 2005 Municipal Planning Commission ~ . v. Page 7 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 ensuring the non-conforming accessory building be removed from the property within three months from the date of approval. and subject to the following conditions: 1. The proposed development complying with all Federal, Provincial and Municipal statutes, regulations, codes and standards. 2. The proposed development complying with the provisions of Section 83 of Land Use Bylaw #1443-03, and amendments thereto, pertaining to the CR -Country Residential District. 3. The developer ensuring the following setbacks are maintained for the proposed development: Front (South) Side A (East) Side B (West) Rear *30 m **2.05 m ***3 m ***7.5 m (As varied by the MPC) * Minimum distance to be maintained from public roadway right of way or secondary highway. ** Minimum distance to be maintained from property line. *** Minimum distance to be maintained from property lines. 4. The proposed development complying with the Alberta Building Code where applicable. 5. The developer obtaining, and complying with, all other required permits including electrical, heating & ventilation, gas and plumbing from an accredited inspection agency and providing copies of the applicable permits to the Development Officer. 6. The developer ensuring the site is graded so that storm water does not drain onto adjoining properties. 7. The developer ensuring there is proper and legal access provided to the property. 8. The developer ensuring there is proper disposal of sewage and waste from this use. 9. The developer ensuring all outdoor garbage containers are stored in weatherproof and animal-proof containers and are covered and screened from the public roadways. 10. The developer ensuring an adequate supply of water is provided for this use. April 26, 2005 C v ~ Municipal Planning Commission Page 8 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 property is maintained to the satisfaction of the Development Officer. 13. The developer ensuring the continuous clean up of construction debris tracked onto the public roadway where access is provided to the property. 14. The developer ensuring this development is located as shown on the site plan approved in this application and submitted March 28, 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 37 mz (400 ftZ) single detached dwelling addition and a 53 mz (576 ftz) accessory building addition on Block T, Plan 67 LK (within the SE 8- 19-14-W4M). Any additional development shall require prior approval of a separate permit application. 16. The developer ensuring the exterior of the proposed additions are sided with materials the same as, or consistent with, the exterior of the existing buildings. 17. The developer ensuring the property is not used for conducting a business or commercial operation. '~ MOTION CARRIED c. Permit #2742 - SE 3-19-14-W4M -Division 10 A & E RV Sales & Service Ltd. (Owner) David French (Applicant) Existing Use: Recreational Vehicle Repair, Sales & Service P-60/05 MOVED BY COUNCILLOR H. WUTZKE that we classify this use as a "Recreational Vehicle Repair, Sales and Rental Service" being a discretionary use within the HWY-C -Highway Commercial District and that approval be granted for Development Permit #2742 for the existing storage of recreational vehicles and watercraft on lands legally described as the SE 3-19-14-W4M, containing 1.55 acres, where the following are required prior to final approval and issuance of this permit: a) The developer providing a copy of a detailed landscaping treatment or screening plan for the parcel. This screening may be in the form of natural deciduous and evergreen trees and shrubs, as a satisfactory means to reduce visibility from the public roadways located to the south and east. and subject to the following conditions: 1. The proposed development complying with all Federal, Provincial and ,~ Municipal statutes, regulations, codes and standards. Apri126, 2005 Municipal Planning Commission ~ v ~ Page 9 2. The proposed development complying with the provisions of Section 94 of Land Use Bylaw #1443-03, and amendments thereto, pertaining to the HWY-C -Highway Commercial District. 3. The developer ensuring the following setbacks are maintained for the proposed development: Front (South) Flankage (East) Side Rear *30 m *30 m **3 m **7.5 m * Minimum distance to be maintained from public roadway right of way or secondary highway. ** Minimum distance to be maintained from property lines. 4. The proposed development complying with the Alberta Building Code where applicable. 5. The developer obtaining, and complying with, all other required permits including electrical, heating & ventilation, gas and plumbing from an accredited inspection agency and providing copies of the applicable permits to the Development Officer. 6. The developer ensuring the site is graded so that storm water does not drain onto adjoining properties. 7. The developer ensuring there is proper and legal access provided to the property. 8. The developer ensuring an adequate supply of water is provided for this use. 9. The developer ensuring materials, supplies and equipment are stored on the property and not on the public roadway. 10. The developer ensuring the property is maintained to the satisfaction of the Development Officer. 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 March 31, 2005. Any changes to that plan shall require the written approval of the Development Officer. 13. This permit is being granted only for the existing use of 1.55 acres for the storage of recreational vehicles and watercraft on lands legally described as the SE 3-19-14-W4M. Any additional development shall require prior approval of a separate permit application. 14. The developer ensuring landscaping of the property is complete within two years from the date of approval. 15. The developer ensuring there is no contamination of soil, surface water or groundwater from this use. 16. The developer ensuring all hazardous waste materials are properly disposed of in regulated facilities. April 26, 2005 ~ ~ " Municipal Planning Commission Page 10 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. 18. The developer ensuring adequate parking space is available for this use. 19. 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 d. Permit #2745 - SE 19-17-13-W4M -Division 2 Plan 9610612, Block 1 Richard Benci (Owner & Applicant) Moved in 1997 Manufactured Home with Deck P-61/05 MOVED BY COUNCILLOR I. SCHROEDER that we classify this "Moved in Manufactured Home" as a "Dwelling Unit" being a discretionary use within the A -Agricultural District and that approval be granted for Development Permit #2745 for the development of a 166 mz (1,792 ftZ) moved in 1997 manufactured home with 22 mz (240 ft2) deck, on Block 1, Plan 9610612 ,.._ (within the SE 19-17-13-W4M), where the following are required prior to commencement of construction and issuance of this permit: a) The developer providing the Development Officer with a copy of the building permit issued by a licensed, accredited building inspection agency for the County of Newell. b) 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. c) The developer entering into a Roadside Development Agreement with Alberta Transportation if required by Alberta Transportation and providing evidence of this agreement. 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. c.v. Apri126, 2005 Municipal Planning Commission Page 11 3. The developer ensuring the following setbacks are maintained for the proposed development: Front (East) Side Rear *30 m **3 m **3 m * Minimum distance to be maintained from public roadway right of way or secondary highway. ** Minimum distance to be maintained from property lines. 4. The proposed development complying with the Alberta Building Code where applicable. 5. The developer obtaining, and complying with, all other required permits including electrical, heating & ventilation, gas and plumbing from an accredited inspection agency and providing copies of the applicable permits to the Development Officer. 6. The developer ensuring the site is graded so that storm water does not drain onto adjoining properties. 7. The developer ensuring there is proper and legal access provided to the property. 8. The developer ensuring there is proper disposal of sewage and waste from this use. The developer ensuring the appropriate septic system is utilized for this development. 9. The developer ensuring all outdoor garbage containers are stored in weatherproof and animal-proof containers and are covered and screened from the public roadways. 10. The developer ensuring an adequate supply of water is provided for this use. 11. The developer ensuring construction materials, supplies and equipment are stored on the property and not on the public roadway. 12. The developer ensuring the property is maintained to the satisfaction of the Development Officer. 13. The developer ensuring the continuous clean up of construction debris tracked onto the public roadway where access is provided to the property. 14. The developer ensuring this development is located as shown on the site plan approved in this application and submitted April 8, 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 166 m2 (1,792 ft2) moved in 1997 manufactured home with 22 m2 (240 ft2) deck on Block 1, Plan 9610612 (within the SE 19-17-13-W4M). Any additional development shall require prior approval of a separate permit application. 16. The developer ensuring the manufactured home is skirted with materials the same as or consistent with the remainder of the building. April 26, 2005 G+ ~ V Municipal Planning Commission Page 12 17. The developer ensuring the proposed building is consistent with the ,-- purpose of the land use district and that the design, character and appearance of the proposed building is compatible with, or exceeds the standard of, other buildings in the vicinity. 18. The developer ensuring the property is not used for conducting a business or commercial operation. 19. The developer addressing, to the satisfaction of Alberta Transportation, any concerns put forward by Alberta Transportation. 20. There being no objections received from the Eastern Irrigation District. 21. There being no objections received from the Agricultural Service Board . MOTION CARRIED Arrived at Meeting Cory Baksa and 15 concerned residents arrived at 11:23 a.m. 13. LAND USE CHANGES a. #05 LUA 007 - Pt. S~/2 5-19-15-W4M -Division 5 ,.-_ Dick Dick (Owner) Cory Baksa (Applicant) From A -Agricultural District to CR -Country Residential District The County Planner advised that this application was to redesignate approximately 40 acres from Agricultural to Country Residential to allow for a future residential subdivision. It was noted that if a request is for more than 10 lots per quarter an Area Structure Plan must be completed. Overall this application does comply with the County's theory of clustering. It was also noted that the land in question is not the best for agricultural purposes. Cory Baksa, spoke on behalf of the applicant regarding this application. Due to the concerns from the residents regarding the water table in this area, preliminary testing of the area has been undertaken. Further investigation of the ground water and soil analysis will also be completed. Ms. Baksa also noted that the applicant would be completing an Area Structure Plan prior to any subdivision being initiated. Concerns regarding density of the area were also addressed. Ms. Baksa noted that the applicant was currently proposing 2-3 acres sites for the area, similar to the existing adjacent acreages. The main concerns of the residents in the area include the following: - water quality in the area and pollution concerns - increased density in the area ,,^, - lack of architectural controls on the development Apri126, 2005 Municipal Planning Commission ~ v Page 13 It was noted that an Environmental Study was completed in April 1999 on the area north of this proposed development. This study indicated that soil is very sandy and not recommended for this type of development. It was noted that there is an underground stream in this area and it should be studied before increasing the density. The Planner explained to the residents that the restrictions on this site would be higher with a Country Residential designation and also explained the circulation process regarding these applications The 15 concerned ratepayers left at 12:06 p.m. b. #05 LUA 008 - Pt. N'/z 35-18-14-W4, Pt. NE 34-18-14 W4M 11:30 a.m. Dick Dick (Owner) Cory Baksa (Applicant) -Division 5 From A -Agricultural District to CR -Country Residential District The Planner advised the Commission members that some outstanding issues were being addressed with regard to this application to determine if there would be any MDS concerns. Cory Baksa, speaking on behalf of the applicant advised the Commission that Mr. Dick does not use this area for backgrounding or as a feeding operation. Commission members requested that Mr. Dick submit a letter stating this fact. P-62/05 MOVED BY COUNCILLOR H. WUTZKE that we recommend to Council that consideration be given to first reading of a bylaw to amend Land Use Bylaw #1443-03 by re-designating approximately 103.5 hectares (255.75 acres) in Pt. N'/z 35-18-14-W4M and Pt. NE 34-18-14-W4M, from A - Agricultural District to CR -Country Residential District. MOTION CARRIED Cory Baksa left the meeting at 12:19 p.m. LUNCH The Commission recessed for lunch at 12:19 p.m. and reconvened at 1:23 p.m. 13. LAND USE CHANGES CON'T #05 LUA 007 - Pt. S'/z 5-19-15-W4 -Division 5 Dick Dick (Owner) Cory Baksa (Applicant) From A - Aoricultural District to CR - Country Residential District P-63/05 MOVED BY B. MCKELLER that we recommend to Council that first reading to change approximately 16.07 hectares (39.72 acres) of land in Pt. S '/2 5-19-15-W4M from A -Agricultural District to CR -Country Residential District be refused. MOTION CARRIED Apri126, 2005 ~ ! V Municipal Planning Commission Page 14 11. HOME OCCUPATION/HOME INDUSTRY PERMITS a. Home Industry Major Permit #186 - NE 4-17-16-W4M -Division 4 Heidi Okell (Owner & Applicant) Oilfield Swabbing Service - 5 Commercial Trucks P-64/05 MOVED BY COUNCILLOR H. WUTZKE that we classify this as a "Home Industry Major" being a discretionary use within the A -Agricultural District and that approval be granted for Home Industry Major Permit No. 186 for an Oilfield Swabbing Service within the NE 4-17-16-W4M, subject to the following conditions: 1. This use complying with all Federal, Provincial and Municipal statutes, regulations, codes and standards. 2. This use not affecting the residential use of the property or adjacent properties and area. 3. The total number of non-resident, part time and full time employees involved with the said occupation, not exceeding five. 4. The applicant ensuring that no more than five commercial 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. 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. MOTION CARRIED 12. AGRICULTURAL SUPPORT SERVICE PERMITS There were no Agricultural Support Service Permit items. ~-- ~, /. April 26, 2005 Municipal Planning Commission Page 15 14. SUBDIVISIONS - a. #05 NL 005 - Pt. NW 12-20-15-W4M -Division 8 Gerald Trembecki (Owner) Cameron Christianson, Midwest Surveys (Applicant) Subdivision of approximately 9.85 hectares (24.33 acres) into 4 lots P-65/05 MOVED BY COUNCILLOR H. WUTZKE that we recommend to Council that they waive the maximum parcel size requirement for Country Residential lots and approve Subdivision #05 NL 005, to subdivide approximately 9.85 hectares (24.33 acres) into 4 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 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. A caveat may be placed on the title for this requirement. 4. The applicant providing municipal reserve in the form of cash-in-lieu calculated at $2,891.00 per acre. The total amount will be determined at the time of endorsement by the municipality. The applicant may provide an appraisal conducted by a certified professional to determine market value of land if the per acre calculation by the County is disputed by the applicant. 5. The applicant meeting all the 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 evidence of this agreement. 7. That all outstanding municipal taxes be paid prior to the endorsement. MOTION CARRIED 15. STATUTORY PLANS -NEW & AMENDMENTS a. #05 ASP 002 -Amendment to John Ware Trail ASP The County Planner submitted a report on a proposed amendment to the John Ware Trail Area Structure Plan. P-66/05 MOVED BY COUNCILLOR H. WUTZKE that we recommend to Council -that first reading be given to a bylaw to amend the John Ware Area Structure Plan, Bylaw #1449-04 to effect an extension of the proposed Country Residential use within a Pt. of SE 5-20-14-W4M. MOTION CARRIED Apri126, 2005 A V Municipal Planning Commission Page 16 16. OTHER BUSINESS ~-- There was no other business to report. 17. POST AGENDA ITEMS There were no post agenda items 18. QUESTION PERIOD A question was raised on what amount of change was allowed without having to go through the process for amending an Area Structure Plan. 19. INFORMATION ITEMS There were no information items. 20. AD.IOURN P.~''/05 MOVED BY COUNCILLOR I. SCHROEDER that the meeting adjourn at 2:30 p.m. MOTION CARRIED CHAIR ADMINISTRATOR April 26, 2005 Municipal Planning Commission Page 17