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HomeMy WebLinkAbout2005-07-26 Municipal Planning Commission (Regular) MinutesCOUNTY OF NEWELL NO. 4 MUNICIPAL PLANNING COMMISSION MEETING 7ULY 26, 2005 The regular Municipal Planning Commission Meeting of the County of Newell No. 4 was held in the County Office at Brooks, AB on Tuesday, July 26, 2005 commencing at 10:05 a.m. MEMBERS PRESENT: C. Vermeeren, Chairman I. Schroeder, Councillor H. Wutzke, Councillor S. Swenson, Member B. McKellar, Member STAFF: T. Henry, County Planner A. Martens, Administrator S. Yokoyama, Administrative Secretary ABSENT: P. Urban, Development Control Officer OTHERS IN ATTENDANCE: R. Smith, #05 NL 009 F. Smith, #05 NL 009 R. Strom, #05 LUA 021 F. Barg, #05 NL 012 J. Ramjohn, Dillon Consulting 1. CALL TO ORDER The Chairman called the meeting to order at 10:05 a.m. 2. EXCUSED FROM MEETING All members were in attendance. 3. MINUTES a) June 28, 2005 P-129/05 MOVED BY COUNCILLOR H. WUTZKE that the minutes of the June 28, 2005 Municipal Planning Commission meeting be adopted as presented. MOTION CARRIED 4. CALL FOR POST AGENDA ITEMS The Chairman called for post agenda items. e, ~. 5. ADOPTION OF AGENDA P-130/05 MOVED BY S. SWENSON that the agenda be adopted as presented. MOTION CARRIED Arrived at Meeting Robert and Fern Smith were in attendance at the meeting and arrived at 10:39 a.m. 6. BUSINESS FROM MINUTES 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 (0.48 hectares, 1.01 hectares & 0.81 hectares) The following issues were discussed with the applicants: - access to the proposed lots - closure of existing access from Highway 542 - option of turn around bulb on most westerly parcel - easement required for turn around bulb - required 10 m caveat for future road widening ,-- P-131/05 MOVED BY B. MCKELLAR that we recommend to Council approval of Subdivision #05 NL 009, for the subdivision of a 2.3 hectare parcel (5.68 acres) into three lots (0.48 hectares, 1.01 hectares & 0.81 hectares), 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, if required. 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. 4. The applicant releasing the caveat identified as instrument number 821 100 638. 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, '"1 infrastructure plan, and drawings depicting ditch and road profiles. ~~ July 26, 2005 Municipal Planning Commission Page 2 ,.._ 6. The registration of a caveat for the dedication of a 10-metre strip of land along the northerly boundary of the parcels for future road widening to be purchased at a rate that is consistent with County policy at that time. 7. The applicant providing an easement to the County for the turn around bulb. This easement will be discharged once the service is fully developed. 8. The applicant providing municipal reserve in the form of cash-in-lieu calculated at $19,192.00 per acre. The total amount will be determined at the time of endorsement by the municipality. The applicant may provide an appraisal conducted by a certified professional to determine market value of land if the per acre calculation by the County is disputed by the applicant. 9. The existing deferred reserve caveat identified as instrument 821 182 513 being discharged. 10. The applicant meeting any requirements of the Eastern Irrigation District with respect to the conveyance of water as well as easements. 11. The applicant entering into a Rural Water Use Purposes Agreement for each of the proposed lots. 12. The landscaping requirement under development permit number 2662 be satisfied prior to endorsement of the surveyed plan. 13. The applicant meeting any conditions set forth by Alberta Transportation. 14. That all outstanding municipal taxes be paid prior to the endorsement. MOTION CARRIED Robert & Fern Smith left at 11:02 a.m. 7. COUNCIL & S.D.A.B. REPORT Nothing to report. 8. DEVELOPMENT REPORT - 7UNE 21, 2005 - 7ULY 20 2005 P-132/05 MOVED BY COUNCILLOR I. SCHROEDER that the Development Report be accepted. MOTION CARRIED 9. CORRESPONDENCE There were no correspondence items. ~.v July 26, 2005 Municipal Planning Commission Page 3 Arrived at Meeting Rob Strom was in attendance at the meeting and arrived at 11:13 a.m. 13. LAND USE CHANGES a. #05 LUA 021 - Pt. NW 36-18-15-W4 -Division 5 Jackson Cattle Company Ltd. (Owner) Strom & Associates -Rob Strom (Applicant) (Approx. 61.13 ac) From A - Aoricultural District to LI -Light Industrial District P-133/05 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 24.749 hectares (61.13 acres) in Pt. NW 36-18-15-W4M, from A -Agricultural District to LI - Light Industrial District. MOTION CARRIED Rob Strom left at 11:24 a.m. Arrived at Meeting Fred Barg was in attendance at the meeting and arrived at 11:25 a.m. 14. SUBDIVISIONS a. #05 NL 012 - Pt. SE 5-20-14-W4 -Division 8 Doug & Judy Larson and Doug & Shari Barg (Owners) Fred Barg (Applicant) Subdivision of 2 CR lots (2 lots of 0.558 ha or 1.38 ac) from a larger agricultural parcel P-134/05 MOVED BY B. MCKELLAR that we recommend to Council approval of Subdivision #05 NL 012, for the subdivision of approximately 2 CR lots (2 lots of 0.558 ha or 1.38 ac) from a larger agricultural parcel, subject to the following conditions: 1. That all oil and gas company leases, rights of way and board orders, be carried forward, when the subdivision mylar is registered at Land Titles Office. 2. The applicant providing easements to franchise utilities for services to the proposed parcels. The applicant may be responsible for the costs associated with the installation, removal or modification of services. 3. The applicant entering into an agreement with the County of Newell for the installation, removal and/or upgrade of any required road ,-- approaches to the proposed and/or remnant parcels. A caveat may be placed on the title for this requirement. c,~ July 26, 2005 Municipal Planning Commission Page 4 ,_ 4. The applicant placing on title, a joint access agreement for the two Country Residential parcels. 5. The applicant providing municipal reserve in the form of cash-in-lieu calculated at $1,881.00 per acre. The total amount will be determined at the time of endorsement by the municipality. The applicant may provide an appraisal conducted by a certified professional to determine market value of land if the per acre calculation by the County is disputed by the applicant. 6. The applicant meeting all the requirements of the Eastern Irrigation District with respect to the conveyance of water as well as easements. 7. The applicant entering into a Rural Water Use Purposes Agreement with the Eastern Irrigation District and providing evidence of this agreement. 8. That all outstanding municipal taxes be paid prior to the endorsement. MOTION CARRIED Fred Barg left at 11:39 a.m. 10. DEVELOPMENT PERMITS a. Permit #2788 - NE 4-19-14-W4 -Division 10 ._._ Plan 4818 7K, Block E D & R Oils Ltd. (Owner/Applicant) Existing Use: Well Servicing Operation P-135/05 MOVED BY COUNCILLOR I. SCHROEDER that we classify this use as a "Well Servicing Operation" being a discretionary use within the LI -Light Industrial District and that approval be granted for Development Permit #2788 for the overall existing use of the property for the purposes of a well servicing operation including servicing and repair of vehicles on Plan 4818 )K Block E (within NE 4-19-14 W4M) containing 4.00 acres, where the following are required prior to final approval and issuance of this permit: a) 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. b) The developer providing a copy of a detailed landscaping treatment or screening plan for the eastern, southern and western boundaries of the parcel. This screening may be in the form of natural deciduous and evergreen trees anal shrubs, as a satisfactory means to reduce visibility from the public roadways and adjacent land uses. and subject to the following conditions: ,-- 1. The proposed development complying with all Federal, Provincial and Municipal statutes, regulations, codes and standards. ~• V. July 26, 2005 Municipal Planning Commission Page 5 ,,,.. 2. The proposed development complying with the provisions of Section 95 of Land Use Bylaw #1443-03, and amendments thereto, pertaining to the LI -Light Industrial District. 3. The developer ensuring the following setbacks are maintained for this 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. 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. This permit is being granted only for the existing use of the property being a well servicing operation including servicing and repair of vehicles on Plan 4818 JK Block E (within NE 4-19-14 W4M). Any additional development shall require prior approval of a separate permit application. 14. The developer ensuring landscaping of the property is complete within two years from the date of approval. 15. The developer ensuring 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. 16. The developer ensuring adequate parking space is available for this use. ~',V~ July 26, 2005 Municipal Planning Commission Page 6 _ 17. The developer ensuring all outdoor garbage containers are stored in weatherproof and animal-proof containers and are covered and screened from the public roadways. 18. The developer ensuring there is no contamination of soil, surface water or groundwater from this use. 19. The developer ensuring all hazardous waste materials are properly disposed of in regulated facilities. 20. The developer addressing to the satisfaction of the Public Works Department, any concerns put forward by the Public Works Department. MOTION CARRIED LUNCH The Commission recessed for lunch at 11:55 a.m. and reconvened at 1:00 p.m. 10. DEVELOPMENT PERMITS CON'T b. Permit #2789 -Plan 8699 GA, Lots 2 & 3 -Division 5 Carolyn & Ingemar Bjornson (Owner/Applicant) Variance to LUB #1443-03 -Front Yard Setback Temoorarv Placement of 1977 Manufactured Home - 3 Years P-136/05 MOVED BY COUNCILLOR H. WUTZKE that we classify this "Moved in Building" as a "Manufactured Home" being a discretionary use within the HR -Hamlet Residential District and that approval be granted for Development Permit #2789 fora 1977 moved in 92.9 m2 (1,000 ft Z) manufactured home with 5.9 m2 (64 ft2) porch addition, for a time period of three years from the date of approval on Plan 8699 GA Lots 2 and 3, granting the following variances: i) to Section 11(108) to permit a twenty eight year old moved in building, ii) 21.77 m (71.42 ft) to Section 73 front yard setback for the existing 67.8 m2 (720 ft 2) accessory building, if the option of consolidation is chosen, where the following are required prior to commencement of construction, final approval and issuance of this permit: a) The developer ensuring the existing manufactured home is removed from Lots 2 and 3 Plan 8699 GA. b) Consolidation of Lot 2 Plan 8699 GA with Lot 3 Plan 8699 GA, by plan or the garage be moved such that it complies with the required setbacks in the County Land Use Bylaw #1443-03. 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. ~. v. July 26, 2005 Municipal Planning Commission Page 7 d) The developer providing the Development Officer with written evidence from a person qualified in the installation of septic systems that the proposed septic system is suitable for the land. e) 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. f) 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 $2,500.00 to ensure that the requirements of the following conditions are met: i) this development is skirted with materials the same as, or consistent with, the remainder of the building ii) the 5.9 m2 (64 ftZ) porch addition is sided with materials the same as or consistent with the manufactured home within six months from the date of approval. and subject to the following conditions: 1. The proposed development complying with all Federal, Provincial and Municipal statutes, regulations, codes and standards. 2. The proposed development complying with the provisions of Section 86 of Land Use Bylaw #1443-03, and amendments thereto, pertaining ~--~ to the HR -Hamlet Residential District. 3. The developer ensuring the following setbacks are maintained for the proposed development: Front (South) Side Rear *30 m **1.5 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. G,V July 26, 2005 Municipal Planning Commission page g 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 July 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 1977 moved in 92 m2 (1,000 ftz) manufactured home with 5.9 mz (64 ft2) porch addition, for a time period of three years from the date of approval on Plan 8699 GA Lots 2 and 3. 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 moved in manufactured home is skirted with materials the same as, or consistent with, the remainder of the building. 17. The developer ensuring the porch addition is sided with materials the ,- same as, or consistent with, the remainder of the building. 18. The developer ensuring that there is only one manufactured home on the property. 19. The developer ensuring the proposed development does not encroach onto the utility right of way described in Instrument 751 144 914 on the certificate of title searched and dated June 30, 2005. VOTE ON MOTION -POSTPONED Arrived at Meetin4 Jamal Ramjohn with Dillon Consulting was in attendance and arrived at 1:32 p.m. 16. OTHER BUSINESS a. Proposed South Cassils Area Structure Plan Jamal Ramjohn -Dillon Consulting Jamal Ramjohn of Dillon Consulting has been hired to complete an Area Structure Plan for Land Use Amendment application #05 LUA 007. Mr. Ramjohn was looking for some clarification on the tests/reports that may be required in order to proceed with this development. ~. v. July 26, 2005 Municipal Planning Commission Page 9 Mr. Ramjohn explained the following types of reports or tests that may be done and will provide the Commission with a written explanation of what each test entails: - Soil Profile - Percolation Test - Geotechnical Test - Environmental Site Assessment - Environmental Impact Assessment - Hydrological Report - Hydrogeological Report An estimated cost to complete these tests was provided by the consultant. Septic system options for this development were also discussed. Jamal Ramjohn left the meeting at 2:41 p.m. 10. DEVELOPMENT PERMITS CON'T b. Permit #2789 -Plan 8699 GA, Lots 2 & 3 -Division 5 Carolyn & Ingemar Bjornson (Owner/Applicant) Variance to LUB #1443-03 -Front Yard Setback Temoorarv Placement of 1977 Manufactured Home - 3 Years '' Vote on the following postponed motion: P-136/05 "MOVED BY COUNCILLOR H. WUTZKE that we classify this "Moved in Building" as a "Manufactured Home" being a discretionary use within the HR -Hamlet Residential District and that approval be granted for Development Permit # 2789 fora 1977 moved in 92.9 mZ (1,000 ft 2) manufactured home with 5.9 m2 (64 ft2) porch addition, for a time period of three years from the date of approval on Plan 8699 GA Lots 2 and 3, granting the following variances: iii) to Section 11(108) to permit a twenty eight year old moved in building, iv) 21.77 m (71.42 ft.) to Section 73 front yard setback for the existing 67.8 m2 (720 ft 2) accessory building, if the option of lot consolidation is chosen, where the following are required prior to commencement of construction, final approval and issuance of this permit: a) Lot 2 Plan 8699 GA be consolidated with Lot 3 Plan 8699 GA, by plan or the garage be moved such that it complies with the required setbacks in the County Land Use Bylaw #1443-03. b) The developer ensuring the existing manufactured home is removed from Lots 2 and 3 Plan 8699 GA. .-~ 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. ~.v~~ July 26, 2005 Municipal Planning Commission Page 10 ,_ d) The developer providing the Development Officer with written evidence from a person qualified in the installation of septic systems that the proposed septic system is suitable for the land. e) 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. f) 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 $2,500.00 to ensure that the requirements of the following conditions are met: i) this development is skirted with materials the same as, or consistent with, the remainder of the building ii) the 5.9 m2 (64 ftz) porch addition is sided with materials the same as or consistent with the manufactured home within six months from the date of approval. and subject to the following conditions: 1. The proposed development complying with all Federal, Provincial and Municipal statutes, regulations, codes and standards. 2. The proposed development complying with the provisions of Section 86 of Land Use Bylaw #1443-03, and amendments thereto, pertaining to the HR -Hamlet Residential District. '- 3. The developer ensuring the following setbacks are maintained for the proposed development: Front (South) Side Rear *30 m **1.5 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. 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. 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. ~.V. July 26, 2005 Municipal Planning Commission Page 11 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 July 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 1977 moved in 92 mz (1,000 ftZ) manufactured home with 5.9 m2 (64 ft2) porch addition, fora time period of three years from the date of approval on Plan 8699 GA Lots 2 and 3. 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 moved in manufactured home is skirted with materials the same as, or consistent with, the remainder of the building. 17. The developer ensuring the porch addition is sided with materials the same as, or consistent with, the remainder of the building. 18. The developer ensuring that there is only one manufactured home on the property. 19. The developer ensuring the proposed development does not encroach onto the utility right of way described in Instrument 751 144 914 on the certificate of title searched and dated June 30, 2005." MOTION CARRIED c. Permit #2792 -Plan 5093 FD, Parcel A -Division 7 Thomas Janzen (Owner/Applicant) Moved in 1970 Dwelling Unit P-137/05 MOVED BY B. MCKELLAR that we classify this "Moved in Building" as a °Dwelling Unit" being a discretionary use within the A -Agricultural District and that approval be granted for Development Permit #2792 fora 1970 moved in 97 mZ (1,040 ft2) dwelling unit for agricultural purposes, to be located on Parcel A, Plan 5093 FD (within NE 17-21-16 W4M), granting a variance to Section 11(108) to permit a thirty-five year old moved in building, where the following are required prior to commencement of construction and issuance of this permit: ~, v. July 26, 2005 Municipal Planning Commission Page 12 ~, 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. 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) 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. 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. ~. v. July 26, 2005 Municipal Planning Commission Page 13 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 July 7, 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 1970 moved in 97 mz (1,040 ft2) dwelling unit, for agricultural purposes, on Parcel A, Plan 5093 FD (within NE 17-21-16 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 or exceed the standard of, other buildings in the vicinity. 16. There being no objections received from the Agricultural Service Board. 17. The applicant meeting any requirements of the Eastern Irrigation District with respect to the conveyance of water as well as easements. MOTION CARRIED d. Permit #2794 - NW 8-24-15-W4 -Division 5 Plan 9412742, Block 1, Lot 1 Lori-Ann Yokoyama Red Gun (Owner) Orval B. Shantz -Professional Corp. (Applicant) Variance to LUB #1443-03 -Existing Pond P-138/05 MOVED BY COUNCILLOR H. WUTZKE that we classify this use as a "reservoir" being a development deemed approved under Section 19 of Land Use Bylaw #1443-03 and that approval be granted for Development Permit #2794 for the existing reservoir for the purposes of domestic, irrigation and stock watering, on Plan 9412742 Block 1, Lot 1 (within NW 8- 24-15 W4M) containing 7.86 acres, granting variance of 10.37 m (34 ft) to Section 73 front yard setback, where the following are required prior to final approval and issuance of this permit: a) 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. ~,V, July 26, 2005 Municipal Planning Commission Page 14 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 this development: Front (West) Side Rear *19.63 m **3 m **3 m * Minimum distance to be maintained from public roadway rights of way or secondary highways as varied by the Municipal Planning Commission ** Minimum distance to be maintained from the property lines. 4. The developer ensuring the site is graded so that storm water does not drain onto adjoining properties. 5. The developer ensuring there is proper and legal access provided to the property. 6. The developer ensuring the property is maintained to the satisfaction of the Development Officer. 7. This permit is being granted only for the existing pond, for domestic, irrigation or stock watering, on Plan 9412742 Block 1, Lot 1 (within NW 8-24-15 W4M). Any additional development shall require prior approval of a separate permit application. 8. The developer ensuring there is no contamination of soil, surface water '^ or groundwater from this use. 9. The developer addressing, to the satisfaction of Alberta Transportation, any concerns put forward by Alberta Transportation. MOTION CARRIED e. Permit #2787 - Pt. NE 19 & 30-16-14-W4 -Division 2 Eastern Irrigation District (Owner/Applicant) Rolling Hills Reservoir Campground P-139/05 MOVED BY S. SWENSON that we classify these buildings as "Accessory Buildings" being permitted uses within the PO -Public/Semi Public Open Space District for the purposes of a "Campground" which is a discretionary use within the PO - Public/Semi Public Open Space District and that approval be granted for Development Permit #2787 for the overall use of the property as a campground, including a maximum of 95 sites, marina, playground, five dry washrooms, potable water station and sani-station, with the construction of a 45 mz (480 ftz) accessory building for general storage and an 85.4 mZ (920 ftz) washroom and shower house facility within Ptns. NE 19 and E ~/2 30-16-14 W4M containing 33.21 ha (82.07 acres), granting variance of 40 m (131 ft) to Section 75(5)(b) to permit three dry washroom facilities bordering a water body, where the following '" are required prior to final approval and issuance of this permit: c. c~ July 26, 2005 Municipal Planning Commission Page 15 a) The developer entering into a Roadside Development Agreement with `~ Alberta Transportation, if required by Alberta Transportation and providing evidence of this agreement. 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. c) The developer providing the Development Officer with a copy of the building permit issued by a licensed, accredited building inspection agency for the County of Newell. and subject to the 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 98 of Land Use Bylaw #1443-03, and amendments thereto, pertaining to the PO -Public/Semi Public Open Space District. 3. The developer ensuring the following setbacks are maintained for this 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 ensuring an adequate supply of water is provided for domestic use. 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 the property is maintained to the satisfaction of the Development Officer. 10. The developer ensuring construction materials, supplies and equipment are stored on the property and not on the public roadway. 11. The developer ensuring this development is located as shown on the site plan approved in this application and submitted July 14, 2005. Any changes to that plan shall require the written approval of the Development Officer. .-- w July 26, 2005 Municipal Planning Commission Page 16 12. This permit is being granted only for the overall use of the property as ._ a campground, including a maximum of 95 sites, marina, playground, five dry washrooms, potable water station and sani-station, with the construction of a 45 m2 (480 ftZ) accessory building for general storage and an 85.4 m2 (920 ft2) washroom and shower house facility within Ptns. NE 19 and E ~/2 30-16-14 W4M, containing 33.21 ha (82.07 acres). Any additional development shall require prior approval of a separate permit application. 13. The developer ensuring the design, character and appearance of the proposed buildings are consistent with the purpose of the land use district. 14. The developer ensuring there is a 2.5 m (8.2 ft) separation distance between the proposed buildings and the existing buildings. 15. 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 other buildings in the vicinity. 16. The developer ensuring there is no contamination of soil, surface water or groundwater from this use. 17. The developer ensuring all outdoor garbage containers are stored in weatherproof and animal-proof containers and are covered and screened from the public roadways. 18. The developer ensuring that an appropriate form of dust suppression is '' maintained at this site at all times. This shall be in the form of crushed rock, pavement, or other means satisfactory to the Development Authority. 19. The developer ensuring adequate parking space is available for this use. 20. The developer addressing, to the satisfaction of Alberta Transportation, any concerns put forward by Alberta Transportation. 21. The developer addressing, to the satisfaction of the Palliser Health Authority, any concerns put forward by the Palliser Health Authority. MOTION CARRIED 11. HOME OCCUPATION/HOME INDUSTRY PERMITS There were no Home Occupation/Home Industry Permits to review. 12. AGRICULTURAL SUPPORT SERVICE PERMITS There were no new Agricultural Support Service Permit items. ~ ~~ c July 26, 2005 Municipal Planning Commission Page 17 14. SUBDIVISIONS CON'T b. #05 NL 013 - Pt. NE 17-21-15-W4 -Division 7 Tom Parker (Owner/Applicant) Subdivision of recently approved 1.79 hectares (4.43 acres) Rural Residential parcel from agricultural land P-140/05 MOVED BY COUNCILLOR H. WUTZKE that we recommend to Council approval of Subdivision #05 NL 013, for the subdivision of a recently approved 1.79 hectares (4.43 acres) Rural Residential parcel 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, upgrade and/or removal of any required road approaches to the proposed and/or remnant parcels. 4. The applicant meeting any requirements of the Eastern Irrigation District with respect to the conveyance of water as well as easements. '"' S. The applicant entering into a Rural Water Use Purposes Agreement with the Eastern Irrigation District and providing a copy of this agreement to the County prior to endorsement. 6. The applicant signing the declaration noted in the County's Municipal Development Plan #1442-03, policy 3.7.c. 7. That all outstanding municipal taxes be paid prior to the endorsement. MOTION CARRIED #05 NL 014 - Pt. SW 36-14-14-W4 -Division 1 Reggie & Dawn Balls (Owner/Applicant) Subdivision of recently approved 1.78 hectares (4.41 acres) Rural Residential parcel from agricultural land P-141/05 MOVED BY COUNCILLOR I. SCHROEDER that we recommend to Council approval of Subdivision #05 NL 014, for the subdivision of a recently approved 1.78 hectare (4.41 acre) Rural Residential parcel 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. ~. July 26, 2005 Municipal Planning Commission Page 18 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, upgrade and/or removal of any required road approaches to the proposed and/or remnant parcels. 4. The applicant meeting any requirements of the Eastern Irrigation District with respect to the conveyance of water as well as easements. 5. The applicant entering into a Rural Water Use Purposes Agreement with the Eastern Irrigation District and providing a copy of this agreement to the County prior to endorsement. 6. The applicant signing the declaration noted in the County's Municipal Development Plan #1442-03, policy 3.7.c. 7. That all outstanding municipal taxes be paid prior to the endorsement. MOTION CARRIED 15. STATUTORY PLANS -NEW & AMENDMENTS ,-- There were no Statutory Plan items. 17. POST AGENDA ITEMS There were no post agenda items. 18. QUESTION PERIOD None 19. INFORMATION ITEMS There were no information items. l/ July 26, 2005 Municipal Planning Commission Page 19 20. ADJOURN P-142/05 MOVED BY COUNCILLOR I. SCHROEDER that the meeting adjourn at 3:10 p.m. MOTION CARRIED CHA A ~~ S~,~ ADMINISTRATOR ,-- ,--. July 26, 2005 Municipal Planning Commission Page 20