HomeMy WebLinkAbout2005-06-28 Municipal Planning Commission (Regular) MinutesCOUNTY OF NEWELL NO. 4
MUNICIPAL PLANNING COMMISSION MEETING
TUNE 28, 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, June 28, 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
N. Moriyama, Assistant Administrator
S. Yokoyama, Administrative Secretary
B. Dovichak, Planning Tech
OTHERS IN
ATTENDANCE: G. Gallup, Home Industry Major Permit #182
A. Gallup, Home Industry Major Permit #182
J. Gallup, Home Industry Major Permit #182
R. Gallup, Home Industry Major Permit #182
M. Gallup, Home Industry Major Permit #182
M. Gallup, Home Industry Major Permit #182
T. Cress, Home Industry Major Permit #182
T. Cage, Home Industry Major Permit #182
B. Easter, Home Industry Major Permit #182
C. Baksa, #05 ASP 003
1. CALL TO ORDER
The Chairman called the meeting to order at 10:00 a.m.
2. EXCUSED FROM MEETING
All members were in attendance.
3. MINUTES
a) May 31, 2005
P-102/05 MOVED BY COUNCILLOR I. SCHROEDER that the minutes of the
May 31, 2005 Municipal Planning Commission meeting be adopted as
presented.
MOTION CARRIED
~ ~v~
4. CALL FOR POST AGENDA ITEMS
The Chairman called for post agenda items.
5. ADOPTION OF AGENDA
P-103/05 MOVED BY COUNCILLOR H. WUTZKE 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
Comments from the Public Health Inspector were circulated to the
commission members.
Arrived at Meeting
Gordon, Alison, Rebecca, Jay, & Michael Gallup, Bill Easter and Tammie
Cage were in attendance at the meeting and arrived at 10:27 a.m.
Mark Gallup arrived at 10:36 a.m.
Commission members expressed concerns regarding the following:
• Rig Shacks being lived in longer than 48 hours
• Environmental Assessment not being completed by an independent firm
• Number of accesses to the property
• Dust Abatement
• Welfare of Children along the Road
Mr. Gallup advised the Commission members that he has constructed a
fence around the property and created a new access from the south side of
the property, however, due to excessive rain they haven't been able to use
the road. An application for calcium has also been purchased to alleviate
the dust concerns.
Concerned neighbours in attendance still expressed concerns with the
traffic.
County Planner, Tammy Henry advised that according to the County's Land
Use Bylaw only 2 accesses are allowed per half mile. It was also noted that
the access to the north is through the adjacent property and there is no
agreement with the neighbour for this access.
Robert Perini and Tracey Cress arrived at 10:55 a.m.
.v
June 28, 2005 ~ Municipal Planning Commission Page 2
~- P-104/05 MOVED BY B. MCKELLAR that Home Industry Major Permit #182 be
tabled and that the following conditions be met within 90 days from the
date of this meeting:
a) Ensure that the rig shacks, while located on the above noted property,
are not occupied at any time;
b) Consolidation of the lands described in Certificate of Title No. 971 138
730/001 with the lands described in Certificate of Title No. 941 075
959, creating one parcel by plan;
c) Discontinue the use of the northern access and legalize the remaining
accesses on the property;
d) Provide written evidence from the Palliser Health Authority that the
concerns described in their June 28, 2005 letter have been satisfied;
e) An independent environment assessment of the property is conducted,
in consultation with the Development Officer and providing written
evidence of this assessment.
P-105/05 MOVED BY B. MCKELLAR that Motion No. P-104/05 be postponed.
MOTION CARRIED
~' Gordon, Allison, Rebecca, Jay, Mark & Michael Gallup, Bill Easter and
Tammie Cage left the meeting at 11:05 a.m.
7. COUNCIL & S.D.A.B. REPORT
Councillor Vermeeren advised the Commission members that Land Use
Amendment #05 LUA 007 has been tabled until September to allow for the
completion of a geotechnical report.
8. DEVELOPMENT REPORT -MAY 21, 2005 - )UNE 20. 2005
P-106/05 MOVED BY COUNCILLOR I. SCHROEDER that the Development Report
be accepted.
MOTION CARRIED
9. CORRESPONDENCE
a. Town of Brooks - 2005 SUB 004
-^ A letter from the Town of Brooks regarding subdivision application 2005
SUB 004 was presented to the Commission as information.
~ .v~
June 28, 2005 Municipal Planning Commission Page 3
13. LAND USE CHANGES
a. #05 LUA 017 - Pt. SW 3-19-15-W4; Plan 9512716, Block A, Lot 5 -Division 5
Robert & Marilyn Perini (Owner & Applicant) (Approx. 42.0 ac)
From A - Aoricultural District to CR -Country Residential District
P-107/05 MOVED BY B. MCKELLAR 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 17.0 hectares (42.0 acres) in Pt.
SW 3-19-15-W4M, from A -Agricultural District to CR -Country Residential
District.
MOTION CARRIED
Mr. Perini left the meeting at 11:16 a.m.
9. CORRESPONDENCE CON'T
b. General Discussion 05-007
- Issuance of Stoo Orders
Case #i
P-108/05 MOVED BY COUNCILLOR H. WUTZKE that a Stop Order be issued to the
manufactured home owner, with copies being sent to the applicant,
mortgage holder and manufactured home park owner advising that the
development is situated on the lands without a valid development permit,
as conditions of its approval have not been satisfied and that a copy of the
required building permit be provided, or the manufactured home be
removed, within fourteen (14) days of receipt of the Order.
MOTION CARRIED
Case #2
A complaint was received regarding the additional dust being caused by the
sandblasting operation located on a Ptn. SW 27-18-14-W4. It was also
noted that the operation was being operated outside the development
permit approval. Commission members discussed this concern and agreed
that a Stop Order not be issued.
c. Town of Brooks Development Application 05-D-127
- Texaco Express Lube & Wash
The Development Officer advised that the application has been
changed to a car wash only. Administration was given direction to
respond with no objections to the proposed car wash.
C ,~ .
June 28, 2005 Municipal Planning Commission Page 4
10. DEVELOPMENT PERMITS
a. Permit #2775 - SW 5-18-14-W4 -Division 5
Plan 8310857, Lot 11
Tim & Paulette Truman (Owners)
Bob Whiteside - Sunrooms Direct (Applicant)
Variance Request -Section 90.4 -Minimum Yard Requirements
Replacement Dwelling_
P-109/05 MOVED BY COUNCILLOR I. SCHROEDER that we classify this as a
"Dwelling Unit Addition" being a permitted use within the RR1 -Resort
Recreational District and that approval be granted for Development Permit
#2775 for the construction of a 17.83 mZ (192 ft2) deck enclosure, being a
sunroom addition on Lot li, Plan 8310857, granting the following
variances:
i) 1.57 m (5.15 ft) to Section 90.4 front yard setback for the existing
dwelling,
ii) 5.85 m (19.20 ft) to Section 90.4 rear yard setback for the existing
dwelling,
iii) 5.85 m (19.20 ft) to Section 66 rear yard setback for the existing
balcony and concrete pad.
,~.-. and 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 providing an updated Encroachment Agreement from
the Eastern Irrigation District approving this development, if required.
This Agreement shall, at no cost to the County, be registered onto the
Certificate of Title for Lot 11, Plan 8310857.
c) The developer entering into an Encroachment Agreement with the
County of Newell authorizing the existing septic tank, trees, and
portable shed. This Agreement shall, at no cost to the County, be
registered onto the Certificate of Title for Lot 11, Plan 8310857.
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
90 of Land Use Bylaw #1443-03, and amendments thereto, pertaining
to the RR1 -Resort Residential District.
e . v.
June 28, 2005 Municipal Planning Commission Page 5
3. The developer ensuring the following setbacks are maintained for the
proposed development:
Front (East) Side Rear
*1.57 m **1.5 m **1.65 m
(as varied by MPC) (as varied by 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 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 26, 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 17.83 mZ
(192 ftZ) deck enclosure, being a sunroom addition on Lot 11, Plan
8310857 (within SW 5-18-14 W4M). Any additional development shall
require prior approval of a separate permit application.
15. The developer ensuring the exterior of the proposed addition is sided
with materials the same as, or consistent with, the exterior of the
existing building.
MOTION CARRIED
c.V~ __
June 28, 2005 Municipal Planning Commission Page 6
b. Permit #2776 - Pt. SW 14-20-14-W4 -Division 8
Bert Rommens (Owner)
Mr. & Mrs. Robert Rommens (Applicants)
Variance Request -Section 55 -Dwelling Units Per Parcel
Replacement Dwelling
P-110/05 MOVED BY COUNCILLOR H. WUTZKE 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 #2776 for the
construction of a 439 mZ (4,731 ftz) dwelling unit as a replacement
residence on lands legally described as SW 14-20-14-W4M containing 58.04
acres, granting a variance to Section 55 to permit a maximum of two
agricultural residences on the property, 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.
d) 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.
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 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.
(~.v.
June 28, 2005 Municipal Planning Commission Page 7
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 June 2, 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 439 mZ
(4,731 ft2) dwelling unit as a replacement residence, on lands legally
described as SW 14-20-14-W4M, containing 58.04 acres. Any
additional development shall require prior approval of a separate
permit application.
15. The developer ensuring the proposed dwelling is consistent with the
purpose of the land use district and that the design, character and
appearance of the proposed building is compatible with 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 are not more than two residences,
as varied by the Municipal Planning Commission, located on the
property.
18. The developer addressing, to the satisfaction of Alberta Transportation,
any concerns put forward by Alberta Transportation.
19. There being no objections received from the Agricultural Service
Board.
MOTION CARRIED
G•v
June 28, 2005 Municipal Planning Commission Page 8
r--- Arrived at Meeting
Cory Baksa was in attendance and arrived at 11:44 a.m.
15. STATUTORY PLANS -NEW & AMENDMENTS
a. #05 ASP 003 - Pt. SW 1-19-14-W4 -Division 10
R.C. Baksa Stores Ltd. (Owner) Cory Baksa (Applicant) (Approx. 25.99 ac)
Adoption of Deer Run Estates Area Structure Plan
P-111/05 MOVED BY COUNCILLOR H. WUTZKE that we recommend to Council that
consideration be given to first reading of a bylaw to adopt the Deer Run
Estates Area Structure Plan with minor amendments as recommended by
the County Planner.
MOTION CARRIED
Cory Baksa left the meeting at 12:05 p.m.
LUNCH
,. The Commission recessed for lunch at 12:05 p.m. and reconvened at 1:34 p.m.
10. DEVELOPMENT PERMITS CON'T
c. Permit #2780 - NE 20-18-16-W4 -Division 5
Ron & Sharee Janke (Owner) Dustin Janke (Applicant)
Variance to LUB #1443-03
Section 55 - Dwellin4 Units per Parcel -Additional Dwelling
P-112/05 MOVED BY B. MCKELLAR that we classify this ~~Manufactured Home" as a
"Dwelling Unit" and an ~~Accessory Building" being a discretionary use and a
permitted use, respectively, within the A -Agricultural District and that
approval be granted for Development Permit #2780 for the development of
a 2005 model 141 m2 (1,520 ft2) manufactured home, for agricultural
purposes, and a 56 mZ (600 ftZ) accessory building for general and vehicular
storage, on the NE 20-18-16-W4M, granting a variance to Section 55 to
permit an additional agricultural residence on the property, 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.
~~
June 28, 2005 Municipal Planning Commission Page 9
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 (East) Side Rear
*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 June 8, 2005. Any
changes to that plan shall require the written approval of the
Development Officer.
c.~
June 28, 2005 Municipal Planning Commission Page 10
.- 14. This permit is being granted only for the development of a 2005 model
141 m2 (1,520 ft2) manufactured home, for agricultural purposes, and
56 m2 (600 ft2) accessory building for general and vehicular storage,
on the NE 20-18-16 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 .manufactured home is skirted with
materials the same as or consistent with the remainder of the building.
17. The developer ensuring there is a 2 m (6.6 ft) separation distance
between the proposed accessory building and the existing buildings.
18. The developer ensuring the accessory building does not exceed 56 m2
(600 ft2), as specified in this application.
19. The developer ensuring the accessory building does not exceed 4.6 m
(15 ft) in overall height, as specified in this application.
20. The developer ensuring the accessory building walls do not exceed 2.5
(8 ft) in height, as specified in this application.
21. The developer ensuring the proposed accessory building is not used for
living purposes.
22. The developer ensuring the property is not used for conducting a
business or commercial operation.
'" 23. There being no objections received from the Agricultural Service
Board .
MOTION CARRIED
Pecuniary Interest
B. McKellar declared a pecuniary interest and left the meeting at 1:37 p.m.
d. Permit #2781 - NW 5-19-15-W4; Plan 8416 FE, Parcel M -Division 5
Bruce & Bonnie Reimer (Owner/Applicant)
Variance to LUB #1443-03 -Section 55 -Dwelling Units per Parcel
Existing Temporary Manufactured Home - 3 Yrs
P-113/05 MOVED BY COUNCILLOR H. WUTZKE that we classify this as an
"Accessory Building", being a permitted use within the CR - Country
Residential District and that approval be granted for Development Permit
#2781 for the construction of a 210 m2 (2.268 ft2) accessory building, for
general and vehicular storage, on Parcel M, Plan 8416 FE (within the NW 5-
19-15-W4M), granting a temporary variance to Section 55 of Land Use
Bylaw #1443-03 to permit the second dwelling, being a 1981 manufactured
home, on the property for a time period of three years from the date of
approval and where the following are required prior to commencement of
construction and issuance of this permit:
C. V .
June 28, 2005 Municipal Planning Commission Page 11
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
83 of Land Use Bylaw #1443-03, and amendments thereto, pertaining
to the CR -Country Residential District.
3. The developer ensuring the following setbacks are maintained for the
proposed development:
Front (North) Side Rear
*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 line.
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.
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.
~,~ .
June 28, 2005 Municipal Planning Commission Page 12
~- 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 June 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 210 mZ
(2,268 ft2) accessory building, for general and vehicular storage on
Parcel M, Plan 8416 FE (within the NW 5-19-15-W4M). Any additional
development shall require prior approval of a separate permit
application.
16. The developer ensuring the accessory 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 other buildings
in the vicinity.
17. The developer ensuring the accessory building does not exceed 300 m2
(3,229 ftZ).
18. The developer ensuring the accessory building does not exceed 8 m
(26 ft) in overall height.
19. The developer ensuring the accessory building walls do not exceed
5.5 m (18 ft) in height.
'' 20. The developer ensuring there is a 2 m (6.6 ft) separation distance
between the proposed accessory building and the existing buildings.
21. The developer ensuring the exterior of the proposed accessory building
is sided with materials the same as, or consistent with, the exterior of
the existing building.
22. The developer ensuring the property is not used for conducting a
business or commercial operation.
23. The developer ensuring the existing 1981 manufactured home be
removed not later than three years from the date of the permit
approval.
MOTION CARRIED
Bruce McKellar returned to the meeting at 1:41 p.m.
e. Permit #2782 - SE 15-20-14-W4; Plan 0012752, Block 3 -Division 8
Harvey & Beatrice Seely (Owners) Janice M. Vian (Applicant)
2005 Manufactured Home
P-114/05 MOVED BY COUNCILLOR I. SCHROEDER that we classify this
"Manufactured Home" as a "Dwelling Unit" being a discretionary use within
.~-~ the A -Agricultural District and that approval be granted for Development
Permit #2782 for the development of a 113 mZ (1,216 ft2) manufactured
C~~~
June 28, 2005 Municipal Planning Commission Psge 13
home, for agricultural purposes, on Block 3, Plan 0012742 within the SE 15-
20-14-W4M, where the following are required prior to commencement of
construction, final approval and issuance of this permit:
a) The applicant 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 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.
e) 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.
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 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.
.v.
June 28, 2005 ~ Municipal Planning Commission Page 14
r-- 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 June 9, 2005. Any
changes to that plan shall require the written approval of the
Development Officer.
14. This permit is being granted only for the development of a 113 mZ
(1,216 ftz) manufactured home, for agricultural purposes, on Block 3,
Plan 0012742 within SW 15-20-14-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 other buildings in the vicinity.
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 addressing, to the satisfaction of Alberta Transportation,
any concerns put forward by Alberta Transportation.
18. There being no objections received from the Alberta Energy and
Utilities Board (AEUB).
MOTION CARRIED
f. Permit #2783 - NW 28-20-14-W4 -Division 8
Joan & Terry Fulton (Owner/Applicant)
Variance to LUB #1443-03
Section 55 -Dwelling Units per Parcel - 2005 Modular Home
P-115/05 MOVED BY S. SWENSON 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 #2783 for the development of
anew 178 mz (1,920 ftZ) modular home, for agricultural purposes, within
the NW 28-20-14-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 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.
J.V~
June 28, 2005 Municipal Planning Commission Page 15
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.
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 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 June 13, 2005.
Any changes to that plan shall require the written approval of the
Development Officer.
~~~
June 28, 2005 Municipal Planning Commission Page 16
r- 14. This permit is being granted only for the development of a new 178 mz
(1,920 ftz) modular home, for agricultural purposes, within NW 28-20-
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 exceed the standard of, other
buildings in the vicinity.
16. The developer addressing, to the satisfaction of Alberta Transportation,
any concerns put forward by Alberta Transportation.
17. There being no objections received from the Village of Duchess.
18. There being no objections received from the Agricultural Service
Board.
MOTION CARRIED
g. Permit #2733 - SW 9-19-15-W4 -Division 10
Richard Smith (Owner) Wayne Finnerty (Applicant)
Legalize Existing Use -Temporary/Seasonal Employee Housing
P-116/05 MOVED BY COUNCILLOR H. WUTZKE that we recommend to Council that
this use be classified as a "Seasonal Employee Lodging Area", being a
discretionary use within the DC -Direct Control District and that approval be
granted for Development Permit #2733 for the placement of 1990 portable
'"^ 39 mZ (420 ftz) portable washroom and shower house and capacity for a
maximum of twenty recreational vehicles, for the purposes of seasonal
employee lodging area for a time period of one year from the date of
approval, on lands legally described as SW 9-19-14-W4M, containing 2.90
acres, where the following are required prior to commencement of
construction and issuance of this permit:
a) 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.
b) The applicant entering into, and providing evidence that, a joint cross
access agreement exists between the lands legally described as SW 9-
19-14-W4M containing 10.00 acres and SW 9-19-14 W4M, containing
10.21 acres. This shall, at no cost to the County, be registered onto
the Certificates of Titles for each parcel.
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 the Palliser Health Authority that the washroom and shower
house facility is adequate for this use.
and subject to the following conditions:
~- 1. The proposed development complying with all Federal, Provincial and
Municipal statutes, regulations, codes and standards.
e~ v.
June 28, 2005 Municipal Planning Commission Page 17
2. The proposed development complying with the provisions of Section -
97 of Land Use Bylaw #1443-03, and amendments thereto, pertaining
to the DC -Direct Control 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 public roadway right of
way or secondary highway.
** Minimum distance to be maintained from property line.
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 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. _
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 all outdoor garbage containers are stored in
weatherproof and animal-proof containers and are covered and
screened from the public roadways.
11. The developer ensuring an adequate supply of water is provided for
domestic use.
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 the continuous clean up of construction debris
tracked onto the public roadway where access is provided to the
property.
15. The developer ensuring this development is located as shown on the
site plan approved in this application and submitted February 24,
2005. Any changes to that plan shall require the written approval of ---
the Development Officer.
c.~~
June 28, 2005 Municipal Planning Commission Page 18
.- 16. This permit is being granted only for the development of a 1990
portable 39 mZ (420 ftZ) washroom and shower house facility and a
maximum of twenty recreational vehicles, for the purposes of a n
employee seasonal lodging area on lands legally described as SW 9-
19-14-W4M, containing 2.90 acres. Any additional development shall
require prior approval of a separate permit application.
17. The developer ensuring the design, character and appearance of the
washroom/shower house facility is consistent with other buildings in
the vicinity.
18. The developer ensuring that the seasonal lodging area is not operated
as a twelve-month facility or a campground.
19. The developer ensuring that the occupants of the recreational vehicles,
on the lands, are employees of the applicant.
20. The developer ensuring there is no contamination of soil, surface water
or groundwater from this use.
21. The developer ensuring adequate parking space is available for this
use.
22. The developer ensuring that an appropriate form of dust suppression is
maintained at this site at all times. This shall be in the form of
crushed rock, pavement, or other means satisfactory to the
Development Authority.
23. The developer addressing, to the satisfaction of Alberta Transportation,
~" any concerns put forward by Alberta Transportation.
MOTION CARRIED
11. HOME OCCUPATION/HOME INDUSTRY PERMITS
a. Home Industry Maior Permit #156 -Renewal
SE 6-20-14-W4 -Division 8
Douglas Watson & Joann Feuz (Owner & Applicant)
Trucking & Oilfield Tank Rental Service
P-117/05 MOVED BY COUNCILLOR H. WUTZKE that we classify this as a °Home
Industry Major" being a discretionary use within the RUR -Rural Residential
District and that approval be granted for the renewal of Home Industry
Major Permit No. 156 for a Trucking and Oilfield Tank Rental Service on
lands legally described as SE 6-20-14-W4M, containing 5.98 acres, 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.
e~v.
June 28, 2005 Municipal Planning Commission Page 19
3. The total number of non-resident, part time and full time employees _.
involved with the said occupation, not exceeding five unless otherwise
required for safety purposes.
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 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 Occupation Maior Permit #190
SW 10-19-14-W4; Plan 9611766, Block 4, Lot 12 -Division 10
Sarah & Brian Meggitt (Owner)
Sarah Meggitt (Applicant)
Hot Shot Service
P-118/05 MOVED BY COUNCILLOR H. WUTZKE that we classify this as a "Home
Occupation Major " being a discretionary use within the CR -Country
Residential District and that approval be granted for Home Occupation Major
Permit No. 190 for a Hotshot Service on Lot 12, Block 4, within the SW 10-
19-14-W4M, granting variance to Schedule C(7) to permit a maximum of
two commercial vehicles, subject to the following conditions:
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 unless otherwise
required for safety purposes.
e~~
June 28, 2005 Municipal Planning Commission Page 20
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 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 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
Home Industry Maior Permit #191
NW 18-17-12-W4 -Division 2
Loren Calpas & Ron Calpas (Owner)
Loren Calpas o/a Loren's Towing (Applicant)
Towing Service, Car Sales & Sale of Used Parts
P-119/05 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 Home Industry Major Permit No. 191 for a Towing
Service, Automobile Sales and Sale of Used Automobile Parts, for a time
period not exceeding five months from the date of approval, on lands legally
described as NW 18-17-12-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 one, as specified in
this application.
e.~
June 28, 2005 Municipal Planning Commission Page 21
4. The applicant ensuring that no more than one commercial truck is
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 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 five months from the date
of approval. The expiry of this permit is November 30, 2005.
MOTION CARRIED
12. AGRICULTURAL SUPPORT SERVICE PERMITS
There were no new Agricultural Support Service Permit items.
13. LAND USE CHANGES CON'T
b. #05 LUA 018 - Pt. SE 1-19-15-W4; Plan 9511784, Block 1 -Division 5
750323 Alberta Ltd. (Owner) Carl Fortin (Applicant) (Approx. 4.21 ac)
From DC -Direct Control District to LI -Light Industrial District
P-120/05 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 1.70 hectares (4.21
acres) in Pt. SE i-19-15-W4M, from DC -Direct Control District to LI -Light
Industrial District and that the fees for this application be waived.
MOTION CARRIED
e -`~
June 28, 2005 Municipal Planning Commission Page 22
c. #05 LUA 019 - Pt. NW 17-14-13-W4 -Division 1
Blaine & Kari Bolen and Joseph & Gertrude Albers (Owners)
Blaine Bolen (Applicant) (Approx. 5.29 ac)
From A -Agricultural District to RUR -Rural Residential District
P-121/05 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 2.14 hectares (5.29 acres) in Pt.
NW 17-14-13-W4M, from A -Agricultural District to RUR -Rural Residential
District.
MOTION CARRIED
d. #05 LUA 020 - Pt. NE 19-21-16-W4 -Division 8
Lawrence & Deborah Hertz (Owner & Applicant) (Approx. 40.0 ac)
From A -Agricultural District to RUR -Rural Residential District
P-122/05 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 10.52 hectares (26.0 acres) in
Pt. NE 19-21-16-W4M, from A - Agricultural District to RUR - Rural
Residential District.
MOTION CARRIED
14. SUBDIVISIONS
a. #05 NL 009 - Pt. NE 35-18-15-W4; Plan 8211419, Blk 1, Lot 6 -Division 5
Percy Robert Smith and Fern Skuban Smith (Owner/Applicant)
Subdivision of a 2.3 hectare parcel (5.68 acres) into three lots
X0.48 hectares 1.01 hectares & 0.81 hectares)
County Planner, Tammy Henry advised that a letter was received from
Alberta Transportation regarding some additional conditions for properties
along Highway 542. Administration will discuss these conditions with the
applicant to see if they wish to continue with their application.
P-123/05 MOVED BY B. MCKELLAR that Subdivision Application #05 NL 009 be
referred to a future meeting after further information is received.
MOTION CARRIED
Excused from Meetin4
Shelley Swenson was excused and left the meeting at 2:53 p.m.
~•v`
June 28, 2005 Municipal Planning Commission Page 23
b. #05 NL 010 - Pt. SE 31-20-14-W4; Plan 8710064, Block 1, Lot 3 -Division 8
Dahlbilt Ltd. (Owner) Carl & Shawn Dahl (Applicants)
Subdivision of aoproximately 10.64 hectares (26 30 acresl into 14 CR lots
P-124/05 MOVED BY COUNCILLOR I. SCHROEDER that we recommend to Council
approval of Subdivision #05 NL 010, for the subdivision of approximately
10.64 hectares (26.30 acres) into 14 CR lots, subject to the following
conditions:
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 a development agreement for the
development of this subdivision as identified under Section 655 of the
Municipal Government Act. The preparation and registration and
discharge of the caveat will be at the cost of the applicant. This
agreement will include the dedication of 11.11-metres from Plan
9613479, Block 1, Lot 5.
4. The applicant entering into an agreement with the County of Newell for
the installation, removal and/or upgrade of any required road
approaches to the proposed and/or remnant parcels. A caveat may be
placed on the title for this requirement.
5. The applicant providing and receiving approval of construction plans, if
required by the County's Public Works Department. Such plans may
include: storm water management plan, lot grading plan,
infrastructure plan, and drawings depicting ditch and road profiles.
6. The applicant providing municipal reserve in the form of cash-in-lieu
calculated at $6,378.00 per acre. The total amount will be determined
at the time of endorsement by the municipality. The applicant may
provide an appraisal conducted by the certified professional to
determine market value of land if the per acre calculation by the
County is disputed by the applicant.
7. The existing deferred reserve caveat identified as instrument 981 387
304 being discharged at the developer's expense.
8. The applicant meeting all the requirements of the Eastern Irrigation
District with respect to the conveyance of water as well as easements.
9. The applicant/developer ensuring that nonpermanent structures will be
erected on the Eastern Irrigation District's pipeline right of way.
10. That all outstanding municipal taxes be paid prior to the endorsement.
MOTION CARRIED
C •V•
June 28, 2005 Municipal Planning Commission Page 24
6. BUSINESS FROM MINUTES CON'T
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
P-104/05 MOVED BY B. MCKELLAR that Home Industry Major Permit #182 be
tabled and that the following conditions be met within 90 days from the
date of this meeting:
a) Ensure that the rig shacks, while located on the above noted property,
are not occupied at any time;
b) Consolidation of the lands described in Certificate of Title No. 971 138
730/001 with the lands described in Certificate of Title No. 941 075
959, creating one parcel by plan;
c) Discontinue the use of the northern access and legalize the remaining
accesses on the property;
d) Provide written evidence from the Palliser Health Authority that the
concerns described in their June 28, 2005 letter have been satisfied;
e) An independent environment assessment of the property is conducted,
in consultation with the Development Officer and providing written
'"~ evidence of this assessment must be provided. If the environmental
assessment dictates that an environmental impact assessment is
required it must be completed prior to approval and in conjunction
with the Development Officer.
MOTION CARRIED
16. OTHER BUSINESS
There was no other business to report.
17. POST AGENDA ITEMS
a. BSEI Municipal Consulting Engineers
File: D034-070.2
Duchess Subdivision Application
A letter from BSEI Municipal Consulting Engineers, regarding a subdivision
application in the Village of Duchess, was presented to the Commission as
information.
C • v'
June 28, 2005 Municipal Planning Commission Page 25
b. Letter to Alberta Transportation
P-125/05 MOVED BY COUNCILLOR H. WUTZKE that it be recommended to Council that a
letter be sent to the Minister of Alberta Infrastructure & Transportation outlining
the County's concerns with highway access, approaches and responses to
circulations.
MOTION CARRIED
c. EID Water Suoolv
Commission members discussed the status of the County of Newell &
Eastern Irrigation District agreement to supply and charge for irrigation
water to residential subdivisions. Representatives from the EID will be
invited to attend the July 26, 2005 Municipal Planning Commission meeting
to discuss this issue.
18. QUESTION PERIOD
None
19. INFORMATION ITEMS
There were no information items.
20. IN CAMERA
P-126/05 MOVED BY COUNCILLOR I. SCHROEDER that we move in camera at
3:28 p.m.
MOTION CARRIED
P-127/05 MOVED BY COUNCILLOR H. WUTZKE that we move out of camera at
3:50 p.m.
MOTION CARRIED
C ~/ -
June 28, 2005 Municipal Planning Commission Page 26
21. AD7OURN
P-128/05 MOVED BY B. MCKELLAR that the meeting adjourn at 3:54 p.m.
MOTION CARRIED
CHAI
~~-t-Y,. ~~~
ADMINISTRATOR
June 28, 2005 Municipal Planning Commission Page 27
APEX