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.
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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.
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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.
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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.
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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.
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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.
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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:
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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.
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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.
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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:
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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.
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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.
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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.
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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
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S~,~ ADMINISTRATOR
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July 26, 2005 Municipal Planning Commission Page 20