HomeMy WebLinkAbout2005-05-31 Municipal Planning Commission (Regular) MinutesCOUNTY OF NEWELL NO. 4
'' MUNICIPAL PLANNING COMMISSION MEETING
MAY 31, 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, May 31, 2005 commencing
at 10:04 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. Hingham, CCS Energy Services - DP#2723
J. Bulger, #05 NL 007
K. Volk, Brooks & County Chronicle
,---
1. CALL TO ORDER
The Chairman called the meeting to order at 10:04 a.m.
2. EXCUSED FROM MEETING
All members were in attendance.
3. MINUTES
a) Aril 26, 2005
P-68/05 MOVED BY COUNCILLOR H. WUTZKE that the minutes of the April
26, 2005 Municipal Planning Commission meeting be adopted as
presented.
MOTION CARRIED
a) May 5, 2005
P-69/05 MOVED BY B. MCKELLAR that the minutes of the May 5, 2005
Special Municipal Planning Commission meeting be adopted as
,,^. presented.
MOTION CARRIED
c.~
4. CALL FOR POST AGENDA ITEMS
The Chairman called for post agenda items.
5. ADOPTION OF AGENDA
P-70/05 MOVED BY COUNCILLOR I. SCHROEDER that the agenda be adopted
as amended.
MOTION CARRIED
6. BUSINESS FROM MINUTES
a. 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
No new information was presented.
7. COUNCIL & S.D.A.B. REPORT
Councillor Vermeeren provided the Commission members with an update
on Land Use Amendment #05 LUA 007. It was noted that the application
has been tabled by Council until more information is received on the water
issues in the area.
8. DEVELOPMENT REPORT -APRIL 21, 2005 -MAY 20. 2005
P-71/05 MOVED BY B. MCKELLAR that the Development Report be accepted.
MOTION CARRIED
9. CORRESPONDENCE
a. General Discussion 05-004
- Update on Issuance of Stop Order -Terri C. Kimmel
Administration provided an update on the status of this Stop Order. The
building has now been removed and the property is now in compliance.
May 31, 2005 Municipal Planning Commission Page 2
r--- b. General Discussion 05-005
- Commercial Use of Property - 698012 Alberta Ltd.
This subject property is located ~/a mile east of Bassano within the urban
referral area. The property owner was contacted at the beginning of the
year regarding the non-compliant use of the property and options are
being considered. The property owner has advised that they are planning
to sell the property, however, they would like an extension allowing them
more time to sell the property.
P-72/05 MOVED BY COUNCILLOR HAROLD WUTZKE that the property owner
be granted six months to comply with the County Land Use Bylaw
otherwise a stop work order will be issued.
MOTION CARRIED
10. DEVELOPMENT PERMITS
b. Permit #2744 - NE 8-19-14-W4 -Division 10
Plan 0511610, Block 2, Lot 9
United Farmers of Alberta (Owner)
CTM Design Services Ltd. (Applicant)
Bulk Plant Facility Upgrade
P-73/05 MOVED BY COUNCILLOR I. SCHROEDER that we classify these
buildings and uses as "Bulk Fuel Storage and Sales" being a discretionary
use within the I -Industrial District and that approval be granted for
Development Permit #2744 for the construction of a 140 mZ (1,507 ft2)
warehouse, card lock facility upgrades with two additional steel tanks on
Lot 9, Block 2, Plan 0511610 (within the NE 8-19-14-W4M), where the
following are required prior to commencement of construction, 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 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.
May 31, 2005 Municipal Planning Commission Page 3
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 (East) Flankage (South) Side Rear
*7.5 m *7.5 m **3 m **3 m
* Minimum distance to be maintained from subdivision streets or
service roads.
** Minimum distance to be maintained from the property lines.
4. The proposed development complying with the Alberta Building Code
where applicable.
5. The developer complying with the Alberta Fire Code where
applicable. The developer shall contact Mr. Kevin Swanson, Fire
Chief, Brooks Rural Fire Department, 403-362-2331, to ensure
compliance with Fire Code Regulations or other matters related to
fire protection. A water supply, for fire protection, shall be provided
in proximity to the property that is to the satisfaction of the Brooks
Rural Fire Department.
6. The developer ensuring access can be provided for Emergency
Services vehicles to all sides of the building.
7. The developer obtaining, and complying with, all other required
permits including electrical, heating & ventilation, gas and plumbing -
from an accredited inspection agency and providing copies of the
applicable permits to the Development Officer.
8. The developer ensuring an adequate supply of water is provided for
domestic 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.
il. 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 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 March 28, 2005.
Any changes to that plan shall require the written approval of the
Development Officer.
May 31, 2005 Municipal Planning Commission ~ . N ~ Page 4
16. This permit is being granted only for the development of a 140 mZ
(1,507 ftZ) warehouse, card lock facility upgrades and two additional
steel tanks on Lot 9, Block 2, Plan 0511610 (within the NE 8-19-14
W4M). Any additional development, or change in use, shall require
prior approval of a separate permit application.
17. The developer ensuring the design, character and appearance of the
proposed warehouse is consistent with, or exceeds the standards of,
other buildings in the vicinity.
18. The developer ensuring the exterior of the proposed warehouse is
sided with materials the same as, or consistent with, the exterior of
the existing buildings on the property.
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 all outdoor garbage containers are stored in
weatherproof and animal-proof containers and are covered and
screened from the public roadways.
22. The developer ensuring adequate parking space is available for this
use.
23. 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.
24. The developer addressing, to the satisfaction of Alberta
Transportation, any concerns put forward by Alberta Transportation.
MOTION CARRIED
Arrived at Meetin4
Corey Higham was in attendance at the meeting and arrived at 10:33 a.m.
a. Permit #2723 - NW 16-18-13-W4, Plan 051 -Division 2
G. W. Murray Ranches Ltd. (Owner)
CCS Energy Services -Corey Higham (Applicants)
Petro Chemical Processing Facility (TRD Facility)
P-74/05 MOVED BY COUNCILLOR I SCHROEDER that we classify these
buildings and uses as a "Petro Chemical Processing Facility" being a
discretionary use within the I -Industrial District, and that approval be
granted for Development Permit #2723 for the construction of 526 m2
processing building, 351 mZ tank and truck wash facility, 33 mZ master
control centre (MCC), 20 m2 treater building, 83 mz workshop and
mudroom, 63 mZ utility building and 119 mz office, for the purposes of a
Treatment, Recovery and Disposal (TRD) Facility, to be located on Plan
,.... 051 within the NW 16-18-13-W4M, where the following are required
prior to commencement of construction:
May 31, 2005 Municipal Planning Commission n ' / Page 5
a) The developer becoming the registered owner of the property.
b) The developer providing the Development Officer with a copy of the
building permit issued by a licensed, accredited building inspection
agency for the County of Newell.
c) The developer 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
north.
d) Where water is required and available, the developer entering into a
Rural Water Use Purposes with the Eastern Irrigation District, and
providing evidence of this agreement.
e) The developer entering into a Roadside Development Agreement
with Alberta Transportation, if required by Alberta Transportation
and providing evidence of this agreement.
f) The developer providing a copy of a detailed landscaping treatment
or screening plan for the parcel. This screening may be in the form
of natural deciduous and evergreen trees and shrubs, as a
satisfactory means to reduce visibility from the public roadway
located to the south.
g) The developer providing the County evidence that the appropriate
license has been granted, from the proper authority, authorizing this
use.
h) The developer providing the Development Officer with a copy of the
water diversion permit issued by Alberta Environment.
and subject to the following conditions:
1. The proposed development complying with all Federal, Provincial and
Municipal statutes, regulations, codes and standards.
2. The proposed development complying with the provisions of Section
96 of Land Use Bylaw #1443-03, and amendments thereto,
pertaining to the I -Industrial District.
3. The developer ensuring the following setbacks are maintained for the
proposed development:
Front Side Flankage Rear
*30 m **3 m *30 m **3 m
* Minimum distance to be maintained from public roadway right
of way or secondary highways.
** Minimum distance to be maintained from property lines.
4. The proposed development complying with the Alberta Building Code
where applicable.
May 31, 2005 Municipal Planning Commission ~ ~ ~ ~ Page 6
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. Patrick Fabian, Fire
Chief, Tilley Fire Department, 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 Tilley Rural Fire
Department.
7. The developer ensuring access can be provided for Emergency
Services vehicles to three sides of the buildings.
8. The developer ensuring an adequate supply of water is provided for
domestic use.
9. The developer ensuring the site is graded so that storm water does
not drain onto adjoining properties.
10. The developer ensuring there is proper and legal access provided to
the property.
11. The developer ensuring there is proper disposal of sewage and waste
from this use. The developer ensuring the appropriate septic system
is utilized for this development.
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 November 16,
2004. Any changes to that plan shall require the written approval of
the Development Officer.
16. This permit is being granted only for the development of treatment,
recovery and disposal (TRD) facility with the construction of a of 526
m2 processing building, 351 m2 tank and truck wash facility, 33 mZ
master control centre (MCC), 20 mZ treater building, 83 mz workshop
and mudroom, 63 m2 utility building and 119 m2 office on Plan
051 (within the NW 16-18-13-W4). Any additional
development, or change in use, shall require prior approval of a
separate permit application.
17. The developer ensuring the design, character and appearance of the
proposed buildings are consistent with the land use district.
18. The developer ensuring there is a 2 m (6.6 ft) separation distance
between the proposed buildings.
May 31, 2005 Municipal Planning Commission ~ ' ` Page 7
19. The developer ensuring landscaping of the property is complete
within two years from the date of approval.
20. The developer ensuring there is no contamination of soil, surface
water or groundwater from this use.
21. The developer ensuring all hazardous waste materials are properly
disposed of in regulated facilities.
22. The developer ensuring all outdoor garbage containers are stored in
weatherproof and animal-proof containers and are covered and
screened from the public roadways.
23. The developer ensuring adequate parking space is available for this
use.
24. The developer ensuring the proposed development maintains the
minimum required separation distance from the gas pipeline
described in Plans 595, 8010216 and 7611041.
25. 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.
26. The developer addressing, to the satisfaction of Alberta
Transportation, any concerns put forward by Alberta Transportation.
27. There being no objections received from Alberta Energy and Utilities
Board. The developer addressing, to the satisfaction of the Alberta
Energy and Utilities Board, any concerns put forth by Alberta Energy
and Utilities Board.
28. There being no objections received from Alberta Environment. The
developer addressing, to the satisfaction of the Alberta Environment,
any concerns put forth by Alberta Environment.
MOTION CARRIED
Corey Higham left the meeting at 10:41 a.m.
c. Permit #2748 - SW 27-21-18-W4 -Division 6
Stacey McLeod (Owner)
Bassano Building Centre Ltd. -Ric Beddows (Applicant)
Variance to LUB #1443-03
Flankaqe Setback Requirement -Dwelling Unit
P-75/05 MOVED BY COUNCILLOR I. SCHROEDER that we classify this building
as a "Dwelling Unit" being a discretionary use within the A -Agricultural
District and that approval be granted for Development Permit #2748 for
the construction of a 215 m2 (2,314 ft2) dwelling unit on lands legally
described as SW 27-21-18 W4M, granting the following variance:
May 31, 2005 Municipal Planning Commission C . V < Page 8
i) 4.96 m (16.27 ft), to Section 73, flankage yard setback
where the following are required prior to commencement of construction,
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 a copy of an
approved Private Sewage Disposal System (PSDS) permit issued by
a licensed, accredited agency for the installation of a private sewage
disposal system.
and subject to the following conditions:
1. The proposed development complying with all Federal, Provincial and
Municipal statutes, regulations, codes and standards.
2. The proposed development complying with the provisions of Section
79 of Land Use Bylaw #1443-03, and amendments thereto,
pertaining to the A -Agricultural District.
3. The developer ensuring the following setbacks are maintained for the
•~-
proposed development:
Front (South) Flankage (West) Side Rear
*30 m *25.04 m **3 m **3 m
(As varied by the MPC)
* Minimum distance to be maintained from public roadway rights
of way or secondary highways.
** Minimum distance to be maintained from the 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
domestic 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.
May 31, 2005 Municipal Planning Commission /O ' f Page 9
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 April 19, 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 215 m2
(2,314 ftz) dwelling unit on lands legally described as SW 27-21-18
W4M. Any additional development shall require prior approval of a
separate permit application.
15. The developer ensuring the design, character and appearance of the
proposed building is consistent with, or exceed the standards of,
other buildings in the vicinity.
16. The developer ensuring the existing residence 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 that there is not more than one residence
located on the property.
MOTION CARRIED
d. Permit #2754 - NE 19-15-15-W4 -Division 4
Plan 7811389, Block 2, Lot 15
County of Newell (Owner)
Ralph Welzel (Applicant/Purchaser)
Moved in 1975 Manufactured Home
P-76/05 MOVED BY B. MCKELLAR that we classify this building as a ~~Moved in
Manufactured Home" being a discretionary use within the HSF-Hamlet
Single Family Residential District and that approval be granted for
Development Permit #2754 fora 1975 moved in 107 mZ (1,152 ft2)
manufactured home, with deck construction on Lot 15 Block 2, Plan
7811389 (206 Timko Street), granting a variance to Section 11(108) to
permit a thirty year old moved in building where the following are required
prior to commencement of construction, 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:
May 31, 2005 Municipal Planning Commission e ~ v ~ Page 10
i) this development is complete, as specified, with new vinyl
~' windows throughout and new skirting consistent with exterior
vinyl siding on the remainder of the building, all within six
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.
e) The developer paying a penalty fee of $400.00 for commencing this
development prior to becoming the registered owner of the property
and receiving municipal 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
85 of Land Use Bylaw #1443-03, and amendments thereto,
pertaining to the HSF -Hamlet Single Family Residential District.
3. The developer ensuring the following setbacks are maintained for the
proposed development:
,--~-
Front (East) Side Rear
*7.5 m **1.5 m **3 m
* Minimum distance to be maintained from subdivision streets or
service roads.
** Minimum distance to be maintained from the 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
domestic 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 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.
,r-, 8. The developer ensuring the site is graded so that storm water does
not drain onto adjoining properties.
May 31, 2005 Municipal Planning Commission ' l Page 11
. v.
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 April 21, 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 107 m2 (1,152 ftz) manufactured home, with deck
construction, on Lot 15, Block 2, Plan 7811389 (206 Timko Street).
Any additional development shall require prior approval of a separate
permit application.
16. 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.
MOTION CARRIED
e. Permit #2764 -Plan 1217 BA, Block 6, Lots 9 - 12 -Division 3
Derrick Brown and John & Cindy Turner (Owner)
Doug Bell (Applicant)
Variance to LUB #1443-03 -Rear Yard Setback
Existing Accessory Building
P-77/05 MOVED BY B. MCKELLAR that we classify these as an "Accessory
Building" and a "Single Detached Dwelling Addition" being permitted uses
within the HSF - Hamlet Single Family Residential District and that
approval be granted for Development Permit #2764 for the existing
16.92 mz (182 ftz) accessory building and 9.15 m2 (98.5 ft2) existing deck
on lands legally described as Lots 9-12, Block 6, Plan 1217 BA, where the
following variance is being granted:
i) 1.89 m (6.92 ft) to Section 85.4 - Rear Yard for the existing
accessory building,
subject to the following conditions:
1. The proposed development complying with all Federal, Provincial and
Municipal statutes, regulations, codes and standards.
May 31, 2005 Municipal Planning Commission ~ ~ V ~ Page 12
2. The proposed development complying with the provisions of Section
85 of Land Use Bylaw #1443-03, and amendments thereto,
pertaining to the HSF -Hamlet Single Family Residential District.
3. The developer ensuring the following setbacks are maintained for the
proposed development:
Front Side Rear
*7.5 m **1.5 m **1.11 m
(As Varied by the MPC)
* Minimum distance to be maintained from subdivision streets or
service roads.
** Minimum distance to be maintained from the 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 the property is maintained to the satisfaction
of the Development Officer.
9. The developer ensuring construction materials, supplies and
equipment are stored on the property and not on the public roadway.
10. The developer ensuring the continuous clean up of construction
debris tracked onto the public roadway where access is provided to
the property.
11. The developer ensuring this development is located as shown on the
site plan approved in this application and submitted April 28, 2005.
Any changes to that plan shall require the written approval of the
Development Officer.
12. This permit is being granted only for the existing development of a
16.92 mZ (182 ft2) accessory building and 9.15 mZ (98.5 ftz) deck on
lands legally described as Lots 9-12, Block 6, Plan 1217 BA. Any
additional development shall require prior approval of a separate
permit application.
13. The developer ensuring the design, character and appearance of the
accessory building is consistent with, or exceed the standards of,
other buildings in the vicinity.
14. The developer ensuring there is a 2 m (6.6 ft) separation distance
between the accessory building and the existing buildings.
May 31, 2005 Municipal Planning Commission C . V ~, Page 13
15. The developer ensuring the property is not used for conducting a
business or commercial operation.
16. There being no objections received from the Hamlet Advisory
Committee.
MOTION CARRIED
Kerry Volk left the meeting at 11:03 a.m.
Permit #2767 - NE 7-19-15-W4; Plan 8410034, Blk 1 -Division 5
Stanley Neu & Roxanne Moes (Owner & Applicant)
Moved in 1956 Dwelling Unit, Construction of Addition & Deck
P-78/05 MOVED BY COUNCILLOR H. WUTZKE that a variance be granted to
Section 11(108) of Land Use Bylaw #1443-03, to permit a building of
forty-nine years in age and that a waiver be granted to Section 77.1 to
permit the proposed development within a minimum distance separation
of an existing confined feeding operation, as it is a replacement residence
and that we classify this building as a "Moved in Single Detached
Dwelling" being a discretionary use within the CR -Country Residential
District and that approval be granted for Development Permit #2767 for a
1956 moved in 70 mz (750 ftZ) single detached dwelling with the
construction of a 46 mz (500 ft2) addition and n of a 36 mz (384 ft2) deck,
on Block 1, Plan 8410034 (within NE 7-19-15 W4M), where the following
are required prior to commencement of construction, 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 County of Newell with an irrevocable
letter of credit, or other form of security to the satisfaction of the
municipality, in the amount of $1,500.00 to ensure that the
requirements of the following conditions are met:
i) this development is complete, as specified, with new vinyl
siding, new exterior windows and doors and new roofing
materials, within one year from the date of approval and;
and subject to the following conditions:
The proposed development complying with all Federal, Provincial and
Municipal statutes, regulations, codes and standards.
May 31, 2005 Municipal Pianning Commission ~ ~ v Page 14
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 (East) Side Rear
*30 m **3 m **7.5 m
* Minimum distance to be maintained from secondary highway or
public roadway.
** 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
domestic 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 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 May 5, 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 1956
moved in 70 mz (750 ftz) single detached dwelling with the
construction of a 46 mz (500 ftz) addition and a 36 mz (384 ftz) deck,
on Block 1, Plan 8410034 (within NE 7-19-15-W4M). Any additional
development shall require prior approval of a separate permit
application.
15. The developer ensuring that the proposed buildings are placed on a
permanent foundation within six months from the date of approval.
..~,.
May 31, 2005 Municipal Plauuiug Commission ~ ~ ~ Page 15
16. The developer ensuring the design, character and appearance of the
proposed building and addition is consistent with, or exceed the
standard of, other buildings in the vicinity.
17. The developer ensuring the exterior of the proposed addition is sided
with materials the same as, or consistent with, the exterior of the
proposed single detached dwelling.
18. The developer ensuring the property is not used for conducting a
business or commercial operation.
19. The developer ensuring landscaping of the property is complete
within two 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 the existing dwelling be removed upon
occupancy of the new building, not later than twelve (12) months
from the date of the permit approval.
22. The developer ensuring that there is not more than one residence
located on the property.
23. There being no objections received from the Agricultural Service
Board.
MOTION CARRIED
g. Permit #2770 - SW 18-18-14-W4 -Division 5
Dean & Terri Martin (Owner & Applicant)
Dwelling Unit
P-79/05 MOVED BY COUNCILLOR I. SCHROEDER that we classify this building
as a "Dwelling Unit" being a discretionary use within the A -Agricultural
District and that approval be granted for Development Permit #2770 for
the construction of a 372 m2 (4,000 ftZ) dwelling unit on the SW 18-18-14
W4M, where the following are required prior to commencement of
construction, 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 a copy of an
approved Private Sewage Disposal System (PSDS) permit issued by
a licensed, accredited agency for the installation of a private sewage
disposal system.
and subject to the following conditions:
May 31, 2005 Municipal Planning Commission ~ • `~ Page 16
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 (South) Flankage (West) Side Rear
*30 m *30 m **3 m **3 m
* Minimum distance to be maintained from public roadway rights
of way or secondary highways.
** Minimum distance to be maintained from the 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
domestic 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.
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 May 10, 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 372 mZ
(4,000 ftZ) dwelling unit on the SW 18-18-14-W4M. Any additional
development shall require prior approval of a separate permit
application.
15. The developer ensuring the design, character and appearance of the
proposed building is consistent with, or exceeds the standards of,
,~-. other buildings in the vicinity.
May 31, 2005 Municipal Planning Commission ~ V ~ Page 17
16. There being no objections received from the Town of Brooks.
17. There being no objections received from the Eastern Irrigation
District.
18. There being no objections received from the Agricultural Service
Board.
MOTION CARRIED
h. Permit #2771 - NW 30-18-15-W4 -Division 5
Russ Leveque (Owner)
Todd Leveque (Applicant/Purchaser)
Private Dog_Kennel
P-80/05 MOVED BY COUNCILLOR I. SCHROEDER that we classify this building
as an "Accessory Building" being a permitted use within the A -
Agricultural District for the purpose of a "Kennel" being a discretionary use
within the A -Agricultural District, and that approval be granted for
Development Permit #2771 for the development of a 189 mZ (2,000 ft2)
accessory building for the purposes of a private dog kennel on lands
legally described as NW 30-18-15-W4M, granting variance to Section
11(89) to permit a maximum of 35 dogs, where the following are required
prior to commencement of construction, final approval and issuance of this
permit:
a) The developer becoming the registered owner of the property.
b) The developer providing the Development Officer with a copy of the
building permit issued by a licensed, accredited building inspection
agency for the County of Newell.
c) The developer entering into an agreement with the County of Newell
for the installation and/or upgrade of any required road approaches
to the parcel. This agreement shall, at the applicant's expense, be
registered as a caveat against the lands, if required.
d) The developer providing the Development Officer with a certificate or
license from the proper authority, authorizing this use.
e) 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.
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.
May 31, 2005 Municipal Planning Commission C . V Page 18
3. The developer ensuring the following setbacks are maintained for the
'^ proposed development:
Front (East) Flankage (West) Side Rear
*30 m *30 m **3 m **3 m
* Minimum distance to be maintained from public roadway rights
of way or secondary highways.
** Minimum distance to be maintained from the 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
domestic 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.
,--- 10. The developer ensuring there is no contamination of soil, surface
water or groundwater from this use.
11. The developer ensuring all outdoor garbage containers are stored in
weatherproof and animal-proof containers and are covered and
screened from the public roadways.
12. The developer ensuring adequate parking space is available for this
use.
13. 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.
14. The developer ensuring the property is maintained to the satisfaction
of the Development Officer.
15. The developer ensuring construction materials, supplies and
equipment are stored on the property and not on the public roadway.
16. The developer ensuring the continuous clean up of construction
debris tracked onto the public roadway where access is provided to
the property.
17. The developer ensuring this development is located as shown on the
site plan approved in this application and submitted May 16, 2005.
Any changes to that plan shall require the written approval of the
Development Officer.
May 31, 2005 Municipal Planning Commission ~ , 1 / Page 19
18. This permit is being granted only for the development of a 189 m2 _
(2,000 ftz) accessory building, for the purposes of a private dog
kennel, on lands legally described as the NW 30-18-15-W4M. Any
additional development shall require prior approval of a separate
permit application.
19. The developer ensuring the design, character and appearance of the
proposed building is consistent with other buildings in the vicinity.
20. The developer ensuring the exterior of the proposed building is sided
with materials the same as, or consistent with, the exterior of the
existing buildings on the property.
21. The developer ensuring that the property is fenced with 1.8 m (6 ft)
fencing materials as specified in this application.
22. The developer ensuring the proposed building is not used for living
purposes.
23. The developer ensuring full compliance with the "Code of Practice for
Canadian Kennel Operations, September 1994."
MOTION CARRIED
i. Permit #2772 - NW 12-21-18-W4 -Division 6
Robert & Betty Baird (Owner)
Richard & Debbie Cashman (Applicant/Purchaser)
Placement of Manufactured Home & Accessory Building Construction
P-81/05 MOVED BY COUNCILLOR H. WUTZKE that we classify these buildings
as a "Manufactured Home" and an "Accessory Building", being a
discretionary use and permitted use, respectively, within the CR -Country
Residential District and that approval be granted for Development Permit
#2772 for the development of a 141 m2 (1,520 ftz) manufactured home
and 78 mz (840 ftz) accessory building for general and vehicular storage,
on Lot 2, Block 2, Plan 8010762 (within the NW 12-21-18-W4M), granting
the following variances:
i) to Section 55 to permit a second dwelling for the period of one year
(twelve months), from the date of approval and,
ii) 0.1 m (0.32 ft) to Section 83.8(d) for the wall height of the
accessory building,
where the following are required prior to commencement of construction
and issuance of this permit:
a) The developer becoming the registered owner of the property.
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.
May 31, 2005 Municipal Planning Commission C ~ V Page 20
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 a Roadside Development Agreement
with Alberta Transportation, if required by Alberta Transportation
and providing evidence of this agreement.
e) The developer providing the Development Officer with a copy of an
approved Private Sewage Disposal System (PSDS) permit issued by
a licensed, accredited agency for the installation of a private sewage
disposal system.
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 (West) Side Rear
*7.5 m **3 m **3 m
* Minimum distance to be maintained from service roads or
~-- subdivision streets.
** 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
domestic use.
11. The developer ensuring construction materials, supplies and
,._.. equipment are stored on the property and not on the public roadway.
May 31, 2005 Municipal Planning Commission ~ ~ / Page 21
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 on May 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 141 mZ
(1,520 ftZ) manufactured home and the construction of a 78 mz
(840 ft2) accessory building for general and vehicular storage, on Lot
2, Block 2, Plan 8010762 (within the NW 12-21-18-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.
17. The developer ensuring the proposed buildings are consistent with
the purpose of the land use district and that the design, character
and appearance of the proposed buildings are compatible with, or
exceed the standard of, other buildings in the vicinity.
18. The developer ensuring the existing residence be removed upon _
occupancy of the new building, not later than twelve (12) months
from the date of the permit approval.
19. The developer ensuring that there is not more than one residence
located on the property.
20. The developer ensuring there is a 2 m (6.6 ft) separation distance
between the proposed accessory building and the manufactured
home.
21. The developer ensuring the accessory building does not exceed
186 mz (2,002 ft2).
22. The developer ensuring the accessory building does not exceed
5.5 m (18 ft) in height.
23. The developer ensuring the accessory building walls do not exceed
3.1 m (10 ft) in height, as varied by the Municipal Planning
Commission.
24. The developer ensuring the proposed accessory building is not used
for living purposes.
25. The developer ensuring the property is not used for conducting a
business or commercial operation.
26. The developer addressing, to the satisfaction of Alberta
Transportation, any concerns put forward by Alberta Transportation.
MOTION CARRIED
May 31, 2005 Municipal Planning Commission ~ ~ V Page 22
j. Permit #2763 - NE 30-20-17-W4 -Division 6
~ Diane Armand (Owner & Applicant)
Moved in Buildino -Gift Shop
P-82/05 MOVED BY B. MCKELLAR that we classify this building as an "Accessory
Building" being a permitted use within the A -Agricultural District and
that approval be granted for Development Permit #2763 for the
placement of a 40 mz (430 ft2) moved in building, for the purpose of
general storage, on the NE 30-20-17-W4M, where the following are
required prior to commencement of construction, 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.
and subject to the following conditions:
1. The proposed development complying with all Federal, Provincial and
Municipal statutes, regulations, codes and standards.
2. The proposed development complying with the provisions of Section
,,.... 79 of Land Use Bylaw #1443-03, and amendments thereto,
pertaining to the A -Agricultural District.
3. The developer ensuring the following setbacks are maintained for the
proposed development:
Front (East) Flankage (North) Side Rear
*30 m *30 m **3 m **3 m
* Minimum distance to be maintained from public roadway rights
of way or secondary highways.
** Minimum distance to be maintained from the 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
domestic 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.
May 31, 2005 Municipal Planning Commission Page 23
c. v.
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 April 22, 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 40 mZ
(430 ftz) moved in accessory building, for general storage, on the NE
30-20-17-W4M. Any additional development shall require prior
approval of a separate permit application.
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 proposed building is not used for living
purposes.
17. The developer ensuring the proposed building is skirted with
materials the same as or consistent with the remainder of the
building.
18. The developer ensuring the exterior of the proposed building and the
existing building are sided with materials the same as, or consistent
with, the exterior of the existing buildings on the property. This
work shall be done within one year (twelve months) from the date of
approval.
MOTION CARRIED
11. HOME OCCUPATION/HOME INDUSTRY PERMITS
a. Home Occupation Maior Permit #188
NE 30-20-17-W4 -Division 6
Diane Armand (Owner & Applicant)
Gift Shop
P-83/05 MOVED BY COUNCILLOR H. WUTZKE that we classify this as a ~~Home
Occupation Major being a discretionary use within the A -Agricultural
District and that approval be granted for Home Occupation Major Permit
No. 188 for the operation of a Gift Shop, for the sale of non-alcoholic
beverages, clothing, jewellery, crafts and pottery within the NE 30-20-17
W4M, subject to the following conditions:
1. This use complying with all Federal, Provincial and Municipal
statutes, regulations, codes and standards.
May 31, 2005 Municipal Planning Commission e v Page 24
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 two.
4. The applicant ensuring that no more than one commercial vehicle is
used in conjunction with the home occupation permit.
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 occupation 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
b. Home Industry Maior Permit #164 -Renewal
SW 27-21-18-W4 -Division 6
-^ Stacey McLeod (Owner)
Cora McLeod -C.M.S. Oilfield Services Inc. (Applicant)
Oilfield Insulation Service
P-84/05 MOVED BY B. MCKELLAR 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
No. 164 for an Oilfield Insulation Service on lands legally described as the
SW 27-21-18-W4M, containing 7.86 acres and granting a variance to
Schedule E(4) to permit an additional two employees, 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), 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.
May 31, 2005 Municipal Planning Commission ~ V Page 25
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 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
Home Occupation Maior Permit #187
SE 3-19-14-W4 -Division 10
Plan 8810971, Block 1, Lot 2
Gerald Huber & Cynthia Klappe (Owner)
Gerald Huber (Applicant)
Existing Oilfield Water Hauling Service
P-85/05 MOVED BY COUNCILLOR H. WUTZKE that we classify this as a "Home
Occupation Major " being a discretionary use within the CR2 -Country
Residential 2 District and that approval be granted for Home Occupation
Major Permit No. 187 for an Oilfield Water Hauling Service on Lot 2,
Block 1, Plan 8810971 (within SE 3-19-14-W4M), granting variance to
Schedule C(7) to permit a maximum of two commercial vehicles, 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 two.
4. The applicant ensuring that no more than two commercial trucks, as
varied by the Municipal Planning Commission, are used in
conjunction with the home occupation 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.
6. The applicant ensuring no noise, vibration, smoke, dust or odours,
which may affect adjacent landowners or development, are created
from this home occupation 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.
May 31, 2005 Municipal Planning Commission C ~ Page 26
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
d. Home Occuaation Major Permit #189
SW 26-17-13-W4 -Division 2
Dan Christman (Owner & Applicant)
Existing Oilfield Trucking Service
P-86/05 MOVED BY COUNCILLOR I. SCHROEDER that we classify this as a
"Home Occupation Major "being a discretionary use within the A -
Agricultural District and that approval be granted for Home Occupation
Major Permit No. 189 for an Oilfield Trucking Service within the SW 26-17-
13-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 two.
~- 4. The applicant ensuring that no more than one commercial truck is
used in conjunction with the home occupation permit. No other
commercial vehicles shall be permitted.
5. The applicant ensuring that no more than four trailers, as specified in
this application, are stored on the property.
6. The applicant ensuring there is no advertising or display of produce
being permitted on the property except for one indirectly illuminated
sign of 1 mz placed flat against the building or fence.
7. The applicant ensuring no noise, vibration, smoke, dust or odours,
which may affect adjacent landowners or development, are created
from this home occupation major.
8. The applicant ensuring adequate parking space is available for this
use, up to two stalls, within the front yard setback.
9. The developer ensuring there is no contamination of soil, surface
water or groundwater from this use.
10. This permit being valid for a time period of three years from the date
of approval, at which time it may be either renewed or revoked by
the Development Authority under the provisions of the land use
bylaw. It is the responsibility of the applicant to renew a minimum
of two months prior to its expiration.
MOTION CARRIED
LUNCH
,- The Commission recessed for lunch at 12:03 p.m. and reconvened at
1:11 p.m.
May 31, 2005 Municipal Planning Commission ~ I ~ /' Page 27
12. AGRICULTURAL SUPPORT SERVICE PERMITS
a. Agricultural Sunnort Service Permit #05-AS-003
NE 23-18-16-W4 -Division 5
David & Elizabeth Houseman (Owner & Applicant)
Market Garden -Annual Field Day /Berry Festival
Commission members agreed that a permit was not required for this
application.
13. LAND USE CHANGES
a. #05 LUA 009 - Pt. NE 17-21-15-W4 -Division 7
Tom Parker (Owner & Applicant) (Approx. 6.09 ac)
From A -Agricultural District to RUR -Rural Residential District
P-87/05 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 2.46 hectares (6.09
acres) in Pt. NE 17-21-15-W4M, from A -Agricultural District to RUR -
Rural Residential District.
MOTION CARRIED
b. #05 LUA 010 - Pt. NE 19-16-14-W4, E'/z 30-16-14-W4 -Division 2
Eastern Irrigation District (Owner)
Ryan Gagley, EID (Applicant) (Approx. 74.7 ac)
From A -Agricultural District to PO -Public/Semi-Public Open Space District
P-88/05 MOVED BY COUNCILLOR I. SCHROEDER 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 30.23
hectares (74.7 acres) in Pt. NE 19-16-14-W4M & E'/2 30-16-14-W4M, from
A -Agricultural District to PO -Public/Semi-Public Open Space District.
MOTION CARRIED
c. #05 LUA 011 - Pt. SW 36-14-14-W4 -Division 1
Reggie & Dawn Balls (Owner & Applicant) (Approx. 4.41 ac)
From A -Agricultural District to RUR -Rural Residential District
P-89/05 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 1.78 hectares (4.41
acres) in Pt. SW 36-14-14-W4M, from A -Agricultural District to RUR -
Rural Residential District.
MOTION CARRIED _,__
May 31, 2005 Municipal Planning Commission ~ , v ' Page 28
.---~ d. #05 LUA 012 - Pt. Section 26-18-14-W4 & SW 35-18-14-W4- Division 5
Dick Dick (Owner) Cory Baksa (Applicant) (Approx. 106.13 ac)
From A - Aoricultural District to HWY C - Hiohway Commercial District
P-90/05 MOVED BY COUNCILLOR I. SCHROEDER 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 42.95
hectares (106.13 acres) in Pt. Section 26-18-14-W4M and SW 35-18-14-W4M,
from A -Agricultural District to HWY C -Highway Commercial District.
MOTION CARRIED
e. #05 LUA 013 - Pt. SW 21-19-14-W4 -Division 10
Edward & Nicola Stinnissen (Owner & Applicant) (Approx. 19.49 ac)
From CR -Country Residential District to DC -Direct Control District
& RUR -Rural Residential District
P-91/05 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 7.88 hectares (19.49
acres) in Pt. SW 21-19-14-W4M, from CR -Country Residential District to
DC -Direct Control District and RUR -Rural Residential District.
MOTION CARRIED
g. #05 LUA 015 - Pt. SE 3-15-13-W4 -Division 1
Jackie & David Sereda (Owner)
Jackie Sereda (Applicant) (Approx. 8.3 ac)
From A -Agricultural District to RUR -Rural Residential District
P-92/05 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 3.36 hectares (8.3
acres) in Pt. SE 3-15-13-W4M, from A -Agricultural District to RUR -Rural
Residential District.
MOTION CARRIED
h. #05 LUA 016 - Pt. SW 7-20-14-W4 -Division 8
Terry & Michelle Melnychuk (Owner & Applicant) (Approx. 10.99 ac)
From A - Agricultural District to RUR -Rural Residential District
P-93/05 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 4.45 hectares (10.99
acres) in Pt. SW 7-20-14-W4M, from A -Agricultural District to RUR -
1^ Rural Residential District.
MOTION CARRIED
May 31, 2005 Municipal Planning Commission ~ ~ Page 29
f. #05 LUA 014 - Pt. SW 18-18-14-W4 -Division 5
Dean Martin (Owner & Applicant) (Approx. 53.7 ac)
From A - Aaricultural District to CR -Country Residential District
P-94/05 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 21.73 hectares (53.7
acres) in Pt. SW 18-18-14-W4M, from A -Agricultural District to CR -
Country Residential District.
MOTION CARRIED
14. SUBDIVISIONS
a) #05 NL 006 - Pt. SW 33-20-14-W4 & NW 28-20-14-W4- Division 8
Village of Duchess (Owner)
Cam Christianson, Midwest Surveys (Applicant)
Expansion of a Cemetery
P-95/05 MOVED BY S. SWENSON that we recommend to Council approval of
Subdivision #OS NL 006, for the expansion of a cemetery, 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. That all outstanding municipal taxes be paid prior to the
endorsement.
MOTION CARRIED
C) #05 NL 008 - Pt. NE 12-19-15-W4; Plan 0010561, Blk 1, Lot 7 -Division 5
D.E. Hamilton Holdings Inc. (Owner) Gary Ronnie (Applicant)
A 2-lot Industrial subdivision of a 1.394 hectare (3.45 acres) parcel
into one lot of 0.538 hectares (1.33 acres) and one of 0.856 hectares
r'2 12 acres1
P-96/05 MOVED BY COUNCILLOR I. SCHROEDER that we recommend to
Council approval of Subdivision #05 NL 008, for a 2-lot industrial
subdivision of a 1.394 hectare (3.45 acres) parcel into one lot of 0.538
hectares (1.33 acres) and one of 0.856 hectares (2.12 acres), subject to
the following conditions:
May 31, 2005 Municipal Planning Commission `~ ~ V • Page 30
'- 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, if required. 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 meeting any requirements of the Eastern Irrigation
District with respect to the conveyance of water as well as
easements.
5. That all outstanding municipal taxes be paid prior to the
endorsement.
MOTION CARRIED
15. STATUTORY PLANS -NEW & AMENDMENTS
There were no Statutory Plan amendments scheduled for this meeting.
16. OTHER BUSINESS
There was no other business to report.
17. POST AGENDA ITEMS
a. Permit #2774 - NW 32-18-15-W4 -Division 5
Plan 9810148 Block 3, MHP Lot 2
Laverne Rose (Owner)
Stacey Fitzpatrick (Applicant)
Moved in 2000 Manufactured Home
P-97/05 MOVED BY B. MCKELLAR that we classify this building as a "Moved in
Manufactured Home" being a discretionary use within the MHP -
Manufactured Home Park District and that approval be granted for
Development Permit #2774 fora 2000 moved in 113 m2 (1,216 ftZ)
singlewide manufactured home and construction of a 37 mz (400 ft2) deck,
on Block 3, Plan 9810148, Manufactured Home Park Lot No. 2 (within the
NW 32-18-15-W4M), where the following are required prior to
commencement of construction, 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.
,--~
May 31, 2005 Municipal Planning Commission ~ ~ • Pa e 31
g
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.
d) The developer ensuring the existing residence be removed from the
property prior to commencement of this development, as specified in
this application.
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
84 of Land Use Bylaw #1443-03, and amendments thereto,
pertaining to the MHP -Manufactured Home Park District.
3. The developer ensuring the following setbacks are maintained for the
proposed development:
Front (North) Side Rear
*30 m **6 m **3 m
* Minimum distance to be maintained from public roadway rights
of way or secondary highways.
** Minimum distance to be maintained from adjacent _.
manufactured home pads.
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
domestic 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 property is maintained to the satisfaction
of the Development Officer.
.' C•~~
May 31, 2005 Municipal Planning Commission Page 32
.-- 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 May 25, 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 2000
moved in 113 m2 (1,216 ftz) singlewide manufactured home and
construction of a 37 m2 (400 ft2) deck, on Plan 9810148 Block 3,
Manufactured Home Park Lot No. 2 (within NW 32-18-15-W4M). Any
additional development shall require prior approval of a separate
permit application.
15. The developer ensuring the design, character and appearance of the
proposed building is consistent with, or exceeds the standards of
other buildings in the vicinity.
16. The developer ensuring all outdoor garbage containers are stored in
weatherproof and animal-proof containers and are covered and
screened from the public roadways.
17. The developer ensuring the proposed building is skirted with
materials the same as or consistent with the remainder of the
'" building, within six months from the date of approval.
18. The developer ensuring that there is one residence located on
Manufactured Home Park Lot No. 2.
MOTION CARRIED
b. General Discussion 05-006
- Commercial Use of Prooerty -Loren Calpas & Ron Calpas
Administration updated Commission members on the status of a towing
and wholesale car business. The Home Occupation Permit for the
wholesale car sales has expired and the property owner has been
requested to remove all non-compliant uses. The property owner has
asked for a temporary permit from the County in order to retain his
provincial license to sell the cars.
P-98/05 MOVED BY BRUCE MCKELLAR that a temporary Home Industry Major
Permit be provided until November 30, 2005 for the auto storage of parts
and cars and a wholesale car dealer permit.
MOTION CARRIED
May 31, 2005 C , V • Municipal Planning Commission Page 33
c. Policy on Special MPC Meetings
P-99/05 MOVED BY COUNCILLOR I. SCHROEDER that it be recommended to
Council that a fee of $500 plus costs be charged for Special Municipal
Planning Commission meetings.
MOTION CARRIED
Arrived at Meeting
Joel Bulger was in attendance and arrived at 3:03 p.m.
14. SUBDIVISIONS CON'T
b) #05 NL 007 - Pt. NW 27-21-19-W4 -Division 6
Joel Bulger (Owner & Applicant)
Subdivision of a Rural Residential lot from agricultural land
P-100/05 MOVED BY COUNCILLOR H. WUTZKE that we recommend to Council
approval of Subdivision #05 NL 007, 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 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 signing the declaration noted in the County's Municipal
Development Plan #1442-03, policy 3.7.c.
5. That all outstanding municipal taxes be paid prior to the
endorsement.
MOTION CARRIED
Joel Bulger left the meeting at 3:08 p.m.
17. POST AGENDA ITEMS CON'T
d. Boundary Adjustment
Administration requested direction on the process to consolidate land from
an agricultural parcel to a rural residential property. Commission
members felt that the land use amendment should be completed first and
then the subdivision.
May 31, 2005 e ~V ~ Municipal Planning Commission ~ Page 34
'~ 18. QUESTION PERIOD
None
19. INFORMATION ITEMS
There were no information items.
20. AD]OURN
P-101/05 MOVED BY COUNCILLOR H. WUTZKE that the meeting adjourn at 3:16 p.m.
MOTION CARRIED
CHAIRM
'" ADMINISTRATOR
May 31, 2005 Municipal Planning Commission Page 35