HomeMy WebLinkAbout2005-09-27 Municipal Planning Commission (Regular) Minutes,,^ COUNTY OF NEWELL NO. 4
MUNICIPAL PLANNING COMMISSION MEETING
SEPTEMBER 27, 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, September 27, 2005 commencing
at 10:04 a.m.
MEMBERS
PRESENT: C. Vermeeren, Chairman
I. Schroeder, Councillor
H. Wutzke, Councillor
S. Swenson, Member
B. McKellar, Member
STAFF: T. Henry, County Planner
P. Urban, Development Control Officer
S. Yokoyama, Administrative Secretary
OTHERS IN
ATTENDANCE: R. Perini - DP#2803 & 05 ASP 005
K. Beunder - 05 ASP 005
R. Strom - OS ASP 004
S. Traichel - 05 ASP 006
C. Baksa - 05 NL 018
M. Douglass
r-
1. CALL TO ORDER
The Chairman called the meeting to order at 10:04 a.m.
2. EXCUSED FROM MEETING
All members were in attendance.
3. MINUTES
a) August 30, 2005
P-160/05 MOVED BY B. MCKELLAR that the minutes of the August 30, 2005
Municipal Planning Commission meeting be adopted as presented.
MOTION CARRIED
Arrived at Meeting
Councillors Schroeder, Wutzke and Douglass arrived at 10:06 a.m.
~ -v.
b) September 8, 2005
P-161/05 MOVED BY B. MCKELLAR that the minutes of the September 8, 2005
Municipal Planning Commission special meeting be adopted as
presented.
MOTION CARRIED
4. CALL FOR POST AGENDA ITEMS
The Chairman called for post agenda items.
5. ADOPTION OF AGENDA
P-162/05 MOVED BY COUNCILLOR H. WUTZKE that the agenda be adopted as
amended.
MOTION CARRIED
6. BUSINESS FROM MINUTES
a) Home Industry Major Permit #182 -Update
NW 18-21-15-W4 -Division 7
Gordon & Allison Gallup (Owners) _
Gordon Gallup, Operating as Gallup Vac Truck Service Ltd. (Applicant)
Commercial Vacuum Truck Service - 5 Trucks & 5 Trailers
The development officer provided an update on Home Industry Major Permit
Application #182.
P-163/05 MOVED BY COUNCILLOR I. SCHROEDER 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. 182 for a Vacuum
Truck Service on the NW 18-21-15-W4M, where the following are required prior
to final approval and issuance of this home industry major permit:
a) The applicant apply, and receive approval for, a development permit
application for the construction of a 371 m2 (4,000 ft2) building to ensure
the proposed building satisfies the Alberta Building Code,
b) The applicant consolidate, creating one parcel by plan, all the lands
described in Certificate of Title No. 971 138 730/001 with the lands
described in Certificate of Title No. 941 075 959 by March 31, 2006 and,
c) The applicant ensuring that the most southerly access is utilized as the
primary access and that all other accesses to the property be removed.
and, subject to the following conditions:
1. This use complying with all Federal, Provincial and Municipal statutes,
regulations, codes and standards.
September 27, 2005 C - ~ ~ Municipal Planning Commission Page 2
~... 2. This use not affecting the residential use of the property or adjacent
properties and area.
3. The total number of non-resident, part time and full time employees
involved with the said occupation, not exceeding five.
4. The applicant ensuring that no more than five commercial vehicles and
five Atco trailers 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
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 industry minor.
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 one year 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.
"~ 10. The applicant rectifying, to the satisfaction of Alberta Environment, any
concerns put forth regarding soil contamination and non-compliant
methods of disposal of waste materials from this use.
11. Ensure that the rig shacks, while located on the above noted property, are
not occupied at any time.
12. Provide written evidence from the Palliser Health Authority that the
concerns described in their June 28, 2005 letter have been satisfied.
13. 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
P-164/05 MOVED BY COUNCILLOR H. WUTZKE that a stop work order be issued
for Home Industry Major Permit #182 immediately following the time
stipulated in requirement (b) and/or if any requirement has not been
satisfied.
MOTION CARRIED
~- (~ .
September 27, 2005 Municipal Planning Commission , Page 3
7. COUNCIL & S.D.A.B. REPORT
Councillor Vermeeren provided the Commission members with updates on -
the land use amendment and subdivisions that were approved by Council
during September. He also advised that the Cassils residents would like to
discuss an Area Structure Plan for the Cassils area. This will be discussed at
the October 6, 2005 Council meeting.
8. DEVELOPMENT REPORT -AUGUST 20, 2005 -SEPTEMBER 20, 2005
P-165/05 MOVED BY COUNCILLOR H. WUTZKE that the Development Report be
accepted.
MOTION CARRIED
9. CORRESPONDENCE
a) City of Brooks Draft ASP - NW Sector
Commission members reviewed the draft ASP. It was suggested that the
wording for Section 4.3 on page 24 regarding water quality issues for
Marshall Drain should be stronger and Alberta Environment guidelines
should be adhered to.
17. POST AGENDA ITEMS
a) City of Brooks -Proposed Land Use Bvlaw Amendment
A letter from the City of Brooks, regarding proposed Bylaw No. 05/18 to
amend the City of Brooks Land Use Bylaw, was presented to the
Commission as information.
b) City of Brooks -Proposed Subdivision Application
A letter from the City of Brooks, regarding proposed subdivision application
05 SUB 007 was presented to the Commission as information.
10. DEVELOPMENT PERMITS
a) Permit #2807 -Plan 0210404, Block 3, Lot 27
Carl Martin (Owner/Applicant)
Variance to LUB #1443-03
Variance Request -Front Yard Setback
Garage Construction in Front Yard
P-166/05 MOVED BY COUNCILLOR I. SCHROEDER that we refuse the variance
request as the proposed development would not be consistent with existing
developments in the vicinity, and that we classify this building and use as
an "Accessory Building" being a permitted use within the HSF -Hamlet
September 27, 2005 Municipal Planning Commission ~ ~ ~ ~ Page 4
,,,..., Single Family Residential District and that approval be granted for
Development Permit #2807 for the construction of a 53.5 mZ (576 ft2)
accessory building, for general storage, to be located on Lot 27, Block 3,
Plan 0210404 (104 Centre Street, Hamlet of Patricia) satisfying the
requirements of the Land Use Bylaw pertaining to Sections 58 and 85.6,
where the following are required prior to final approval and issuance of this
permit:
a) Consolidation of Lot 27, Block 3, Plan 0210404 with Lot 26, Block 3,
Plan 0210404.
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.
and subject to the following conditions:
1. The proposed development complying with all Federal, Provincial and
Municipal statutes, regulations, codes and standards.
2. The proposed development complying with the provisions of Section
85 of Land Use Bylaw #1443-03, and amendments thereto, pertaining
to the HSF -Hamlet Single Family Residential District.
~^ 3. The developer ensuring the following setbacks are maintained for the
proposed development:
Front (East) Side Rear
*9.45 m **1.5 m **3 m
(Consistent with the Dwelling)
* 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 the property is maintained to the satisfaction
of the Development Officer.
,-~
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September 27, 2005 Municipal Planning Commission Page 5
10. The developer ensuring construction materials, supplies and __
equipment are stored on the property and not on the public roadway.
11. The developer ensuring the continuous clean up of construction debris
tracked onto the public roadway where access is provided to the
property.
12. The developer ensuring this development is located as shown on the
site plan approved in this application and submitted August 29, 2005.
Any changes to that plan shall require the written approval of the
Development Officer.
13. This permit is being granted the development of a 53.5 m2 (576 ftZ )
accessory building, for general storage, on Lot 27, Block 3, Plan
0210404 (104 Centre Street, Hamlet of Patricia). Any additional
development shall require prior approval of a separate permit
application.
14. 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.
15. The developer ensuring there is a 2 m (6.6 ft) separation distance
between the proposed accessory building and the existing buildings.
16. The developer ensuring the accessory building does not exceed 68 m2
(732 ft2).
17. The developer ensuring the accessory building does not exceed 4.5 m
(14.8 ft) in height.
18. The developer ensuring the proposed accessory building is not used for
living purposes.
19. The developer ensuring the property is not used for conducting a
business or commercial operation.
MOTION CARRIED
b) Permit #2809 - NE 30-17-13-W4 -Division 2
Herb & Frances Norden (Owners/Applicants)
Change in Use: Existing Temporary Manufactured Home - 3 Year Period
P-167/05 MOVED BY COUNCILLOR H. WUTZKE that we classify this'~Dwelling Unit"
as a "Temporary Residential Unit" being a discretionary use within the A -
Agricultural District" and that approval be granted for Development Permit
#2809 for the change in use of the existing 113 mz (1,217 ft2)
manufactured home to be located on Plan 7174 FE Parcel A (within NE 30-
17-13-W4M), for a time period of three years from the date of approval,
granting a three year temporary variance to Section 55 to permit two
residences on the property, subject to the following conditions:
1. The proposed development complying with all Federal, Provincial and
Municipal statutes, regulations, codes and standards.
V.
September 27, 2005 Municipal Planning Commission ~ ~ Page 6
,,- 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 September 6,
2005. Any changes to that plan shall require the written approval of
the Development Officer.
14. This permit is being granted for the change in use of the existing
113 m2 (1,217 ft2) manufactured home for a period of three years
from the date of approval on 7174 FE Parcel A (within NE 30-17-13
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.
''"~ MOTION CARRIED
September 27, 2005 Municipal Planning Commission n v .. Page 7
c) Permit #2810 - SW 17-21-17-W4 -Division 6 --
Michelle & Scott Miller (Owners)
Gail Smikle (Applicant)
Legalize Existing Use: Contractor's Yard &
Variance Request -Front &Flankage Yard
P-168/05 MOVED BY COUNCILLOR I. SCHROEDER that we classify this use as a
°Contractors' Yard" being a discretionary use within the LI -Light Industrial
District and that approval be granted for Development Permit #2810 for the
overall use of the property as a Contractors' Yard as described in this
application on lands legally described as SW 17-21-17 W4M, containing 1.72
acres, granting the following variances:
i) 5.36 m, (17.6 ft) to Section 95.4 for the existing shop and,
ii) 4.39 m (14.4 ft) to Section 95.4 for the existing dwelling unit,
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 entering into a Roadside Development Agreement with
Alberta Transportation, if required by Alberta Transportation and
providing evidence of this agreement, 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
95 of Land Use Bylaw #1443-03, and amendments thereto, pertaining
to the LI -Light Industrial District.
3. The developer ensuring the following setbacks are maintained for the
proposed development:
Front (West) Flankage (South) Side Rear
*25.61 m *24.64 m **3 m **3 m
(As varied by the MPC) (As varied by the MPC)
* Minimum distance to be maintained from public roadway rights of
way or secondary highways.
** Minimum distance to be maintained from the property lines.
4. The proposed development complying with the Alberta Building Code
where applicable.
5. The developer obtaining, and complying with, all other required
permits including electrical, heating & ventilation, gas and plumbing
from an accredited inspection agency and providing copies of the
applicable permits to the Development Officer.
September 27, 2005 ~ ~ '~ Municipal Planning Commission Page 8
~.. 6. The developer ensuring an adequate supply of water is provided for
this use.
7. The developer ensuring access can be provided for Emergency
Services vehicles to three sides of the building.
8. The developer complying with the Alberta Fire Code where applicable.
The developer shall contact the Fire Chief, Bassano Fire Department to
ensure compliance with Fire Code Regulations or other matters related
to fire protection. A water supply, for fire protection, shall be provided
in proximity to the property that is to the satisfaction of the Bassano
Fire Department.
9. The developer ensuring the site is graded so that storm water does not
drain onto adjoining properties.
10. The developer ensuring there is proper and legal access provided to
the property.
11. The developer ensuring there is proper disposal of sewage and waste
from this use.
12. The developer ensuring there is no contamination of soil, surface water
or groundwater from this use.
13. The developer ensuring all hazardous waste materials are properly
disposed of in regulated facilities.
14. The developer ensuring all outdoor garbage containers are stored in
weatherproof and animal-proof containers and are covered and
screened from the public roadways.
15. The developer ensuring adequate parking space is available for this
use.
16. 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.
17. The developer ensuring the property is maintained to the satisfaction
of the Development Officer.
18. The developer ensuring supplies and equipment are stored on the
property and not on the public roadway or adjacent properties.
19. The developer ensuring the continuous clean up of construction debris
tracked onto the public roadway where access is provided to the
property.
20. The developer ensuring this development is located as shown on the
site plan approved in this application and submitted September 8,
2005. Any changes to that plan shall require the written approval of
the Development Officer.
21. This permit is being granted only for the existing use of the property
as a contractors' yard, as described in this application, on lands legally
described as SW 17-21-17-W4M, containing 1.72 acres. Any additional
~.., development, or change in use, shall require prior approval of a
separate permit application.
September 27, 2005 Municipal Planning Commission ~ ` ~~ Page 9
22. The developer addressing, to the satisfaction of Alberta Transportation, -
any concerns put forward by Alberta Transportation.
MOTION CARRIED
Arrived at Meetin4
Cory Baksa, Robert Perini and Kristi Beunder were in attendance at the
meeting and arrived at 11:33 a.m.
g) Permit #2803 - Pt. SW 3-19-15-W4
Plan 9512716, Block A, Lot 5
Robert & Marilyn Perini (Owner/Applicant)
Variance to LUB #1443-03
Variance Request -Accessory Building Restrictions (Size)
& Dwellings Per Parcel
P-169/05 MOVED BY COUNCILLOR H WUT2KE that we classify this building and
use as an "Accessory Building" being a permitted use within the CR -
Country Residential District and that approval be granted for Development
Permit #2803 for the construction of a 240.8 mz (2,597 ft2) accessory
building for general storage on Lot 5, Block A, Plan 9512716 (within SW 3-
19-15-W4M), granting the following variance:
i) 547 mz (5,891 ft2) to Section 83.8, for the existing accessory building
and,
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 entering into a Roadside Development Agreement with
Alberta Transportation, if required by Alberta Transportation and
providing evidence of this agreement, if required.
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, for the proposed building and the
second dwelling.
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.
September 27, 2005 ~ ~ ~ ~ Municipal Planning Commission Page 10
,.- 3. The developer ensuring the following setbacks are maintained for the
proposed development:
Front Flankage (East) Side Rear
*30 m *30 m **3 m **7.5 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
this 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 all hazardous waste materials are properly
disposed of in regulated facilities.
11. The developer ensuring all outdoor garbage containers are stored in
weatherproof and animal-proof containers and are covered and
screened from the public roadways.
12. The developer ensuring adequate parking space is available for this
use.
13. The developer ensuring the property is maintained to the satisfaction
of the Development Officer.
14. The developer ensuring supplies and equipment are stored on the
property and not on the public roadway or adjacent properties.
15. The developer ensuring the continuous clean up of construction debris
tracked onto the public roadway where access is provided to the
property.
16. The developer ensuring this development is located as shown on the
site plan approved in this application and submitted August 22, 2005.
Any changes to that plan shall require the written approval of the
Development Officer.
17. This permit is being granted only for the construction of a 240.8 mz
(2,597 ft2) accessory building for general storage on Lot 5, Block A,
Plan 9512716 (within SW 3-19-15 W4M). Any additional development,
,r. or change in use, shall require prior approval of a separate permit
application.
September 27, 2005 Municipal Planning Commission `' ~ ~` Page 11
18. The developer ensuring the accessory building does not exceed 300 mz --
(3,229 ftz).
19. The developer ensuring the accessory building does not exceed 8 m
(26 ft) in height.
20. The developer ensuring the accessory building walls do not exceed 5.5
m (18 ft) in height.
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.
24. The developer addressing, to the satisfaction of Alberta Transportation,
any concerns put forward by Alberta Transportation.
MOTION CARRIED
Administration will address the condition of a dwelling unit being required
where the new accessory building is located at the time of subdivision.
13. STATUTORY PLANS -NEW & AMENDMENTS
a) #05 ASP 005
Pt. W~/i 3-19-15-W4; Plan 9512716, Block A, Lot 5
Robert & Marilyn Perini (Owners)
Jamal Ramjohn -Dillon Consulting (Applicant)
Adoption of Sunset Trail Area Structure Plan
P-170/05 MOVED BY COUNCILLOR I. SCHROEDER that we recommend to Council
that consideration be given to first reading of a bylaw to adopt the Sunset
Trail Area Structure Plan with amendments as recommended by the County
Planner and Municipal Planning Commission.
MOTION CARRIED
Molly Douglass, Cory Baksa, Robert Perini & Kristi Beunder left the meeting
at 12:12 p.m.
LUNCH
The Commission recessed for lunch at 12:12 p.m. and reconvened at 1:22 p.m.
Arrived at Meetin4
Rob Strom was in attendance at the meeting and arrived at 1:22 p.m.
September 27, 2005 ~ • ~' Municipal Planning Commission Page 12
b) #05 ASP 004
Pt. NW 36-18-15-W4
Jackson Cattle Company Ltd. (Owner)
Strom & Associates -Rob Strom (Applicant)
Adoption of Jackson Light Industrial Area Structure Plan
P-171/05 MOVED BY B. MCKELLAR that we recommend to Council that
consideration be given to first reading of a bylaw to adopt the Jackson Light
Industrial Area Structure Plan with amendments as recommended by the
County Planner and reconfiguration of lots affected by the overhead power
line.
MOTION CARRIED
Rob Strom left the meeting at 1:38 p.m.
Arrived at Meeting
Cory Baksa was in attendance at the meeting and arrived at 1:39 p.m.
15. SUBDIVISIONS
,~..,, c) #05 NL 018
Pt. SW 1-19-14-W4 -Division 10
R.C. Baksa Stores (Owner) Cory Baksa (Applicant)
Subdivision of approx. 10.52 hectares (25.99 acres) into 10 Country
Residential lots and one future Direct Control lot.
P-172/05 MOVED BY COUNCILLOR I. SCHROEDER that we recommend to Council
approval of Subdivision #05 NL 018, for the subdivision of approximately
10.52 hectares (25.99 acres) into 10 Country Residential lots and one
future Direct Control lot, 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.
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
o-- placed on the title for this requirement.
L . ~.
September 27, 2005 Municipal Planning Commission - Psge 13
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 $2,972.30 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 041 071
633 being discharged at the developer's expense for proposed lots 1-
11 inclusive. The caveat will remain for the remnant parcel.
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 constructing an underground pipeline for the supply
ditch. Easements to the Eastern Irrigation District will be required for
this pipeline. This will be at the cost of the applicant.
10. The County obtaining authorization from the Deputy Minister of
Environment to allow residential parcels within 300-metres of a
wastewater treatment area.
11. That all outstanding municipal taxes be paid prior to the endorsement.
12. The applicant providing evidence from Alberta Environment to divert
water for potable water purposes from Sagebrush Estates to the
subdivision and any applicable easements, or installation of cisterns for
each lot at the development permit stage.
MOTION CARRIED
Cory Baksa left the meeting at 1:55 p.m.
Arrived at Meetin4
Sandra Traichel was in attendance at the meeting and arrived at 1:56 p.m.
c) #05 ASP 006
Pt. SW 27-18-14-W4
Heinz & Lydia Traichel (Owner)
Sandra Traichel (Applicant)
Amend long range uses for East Silver Sage Area Structure Plan
P-173/05 MOVED BY COUNCILLOR I. SCHROEDER that we recommend to Council
that first reading be given to a bylaw to amend the East Silver Sage Road
Area Structure Plan, Bylaw #1452-04, to amend the long range use for a Pt.
of SW 27-18-14-W4M from Agricultural/Recreational use to Industrial use.
MOTION CARRIED
September 27, 2005 ~ ~' ~' Municipal Planning Commission Page 14
,.- Sandra Traichel left the meeting at 2:11 p.m.
10. DEVELOPMENT PERMITS CON'T
d) Permit #2811 - Pt. SE 1-19-15-W4; Plan 9511874, Block 1 -Division 5
750323 Alberta Ltd. (Owner)
Carl Fortin (Applicant)
Existing Uses: Machinery & Equipment Sales, Service & Rentals
and Contractor's Yard & Addition to Building
P-174/05 MOVED BY COUNCILLOR H. WUTZKE that we classify these buildings and
uses as a "Farm Machinery Sales and Service" being a permitted use within
the LI - Light Industrial District and a "Contractor's Yard" being a
discretionary use within the LI -Light Industrial District and that approval
be granted for Development Permit #2811 for the construction of an 195.09
m2 (2,100 ftZ) open ended addition for the purposes of a farm machinery
sales and service, containing 2.06 acres and a 947.58 mz (10,200 ftz)
addition, including office, for the purposes of a contractor's yard, containing
2.15 acres, to be located on Block 1, Plan 9511784 (within SE 1-19-15
W4M), where the following are required prior to 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 a copy of a detailed landscaping treatment or
screening plan for southern and eastern boundaries of the parcel. This
screening may be in the form of natural deciduous and evergreen
trees and shrubs, as a satisfactory means to reduce visibility from the
public 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.
2. The proposed development complying with the provisions of Section
95 of Land Use Bylaw #1443-03, and amendments thereto, pertaining
to the LI -Light Industrial District.
3. The developer ensuring the following setbacks are maintained for the
proposed development:
Front (East) Side Rear
*30 m **3 m **3 m
* Minimum distance to be maintained from pubic roadway rights of
way or secondary highways
`~ ** Minimum distance to be maintained from the property lines
~.- ~•
September 27, 2005 Municipal Planning Commission Page 15
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 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.
7. The developer ensuring access can be provided for Emergency
Services vehicles to all sides of the building.
8. The developer ensuring an adequate supply of water is provided for
this use.
9. The developer ensuring the site is graded so that storm water does not
drain onto adjoining properties.
10. The developer ensuring there is proper and legal access provided to
the property.
11. The developer ensuring the property is maintained to the satisfaction
of the Development Officer.
12. The developer ensuring construction materials, supplies and
equipment are stored on the property and not on the public roadway.
13. The developer ensuring the continuous clean up of construction debris
tracked onto the public roadway where access is provided to the
property.
14. The developer ensuring this development is located as shown on the
site plan approved in this application and submitted September 8,
2005. Any changes to that plan shall require the written approval of
the Development Officer.
15. This permit is being granted the development of a 195.09 mZ (2,100
ftZ) open ended addition for the purposes of a farm machinery sales
and service, containing 2.06 acres and a 947.58 mZ (10,200 ftZ)
addition, including office, for the purposes of a contractor's yard,
containing 2.15 acres, to be located on Block 1, Plan 9511784 (within
SE 1-19-15 W4M). Any additional development shall require prior
approval of a separate permit application.
16. The developer ensuring the design, character and appearance of the
proposed additions are consistent with or exceed the standard of,
other buildings in the vicinity.
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.
~~~
September 27, 2005 ~ Municipal Planning Commission Page 16
,~. 18. The developer ensuring adequate parking space is available for this
use.
19. The developer ensuring that an appropriate form of dust suppression is
maintained at this site at all times. This shall be in the form of
crushed rock, pavement, or other means satisfactory to the
Development Authority.
20. The developer ensuring there is no contamination of soil, surface water
or groundwater from this use.
21. The developer ensuring all hazardous waste materials are properly
disposed of in regulated facilities.
22. The developer ensuring landscaping of the property is complete within
two years from the date of approval.
23. The developer ensuring that all outdoor storage is contained within the
boundaries of the property.
MOTION CARRIED
e) Permit #2817 - Pt. SE 18-21-17-W4
Gordon E. Ferguson /Scott & Michelle Miller (Owner/Applicant)
Dwelling Unit - 2005 Manufactured Home
P-175/05 MOVED BY COUNCILLOR H. WUTZKE that we classify this building as a
"Manufactured Home" being a discretionary use within the A -Agricultural
'^ District and that approval be granted for Development Permit #2817 for the
development of a 2005 model 112.9 mz (1,216 ft2) manufactured home, for
agricultural purposes, within the SE 18-21-17 W4M, granting the following
variances:
i) Waive Section 77.3 of the County Land Use Bylaw for location of a
manufactured home in Category 1 MDS,
where the following are required prior to commencement of construction,
final approval and issuance of this permit:
a) The developer becoming the registered owner of the property.
b) The developer providing the Development Officer with a copy of the
building permit issued by a licensed, accredited building inspection
agency for the County of Newell.
c) The developer providing the Development Officer with written evidence
from a person qualified in the installation of septic systems that the
proposed septic system is suitable for the land.
d) The developer entering into an agreement with the County of Newell
for the installation and/or upgrade/removal of any required road
approaches to the parcel. This agreement shall, at the applicant's
expense, be registered as a caveat against the lands, if required.
e) The developer entering into a Roadside Development Agreement with
Alberta Transportation, if required by Alberta Transportation and
r providing evidence of this agreement.
and subject to the following conditions:
~.
September 27, 2005 Municipal Plauuiug Commission Page 17
1. The proposed development complying with all Federal, Provincial and
Municipal statutes, regulations, codes and standards.
2. The proposed development complying with the provisions of Section
79 of Land Use Bylaw #1443-03, and amendments thereto, pertaining
to the A -Agricultural District.
3. The developer ensuring the following setbacks are maintained for the
proposed development:
Front (East) Flankage (South) Side Rear
*30 m *30 m **3 m **3 m
* Minimum distance to be maintained from public roadway rights of
way or secondary highways.
** Minimum distance to be maintained from the property lines.
4. The proposed development complying with the Alberta Building Code
where applicable.
5. The developer obtaining, and complying with, all other required
permits including electrical, heating & ventilation, gas and plumbing
from an accredited inspection agency and providing copies of the
applicable permits to the Development Officer.
6. The developer ensuring an adequate supply of water is provided for
domestic use.
7. The developer ensuring the site is graded so that storm water does not
drain onto adjoining properties.
8. The developer ensuring there is proper and legal access provided to
the property.
9. The developer ensuring there is proper disposal of sewage and waste
from this use.
10. The developer ensuring the property is maintained to the satisfaction
of the Development Officer.
11. The developer ensuring construction materials, supplies and
equipment are stored on the property and not on the public roadway.
12. The developer ensuring the continuous clean up of construction debris
tracked onto the public roadway where access is provided to the
property.
13. The developer ensuring this development is located as shown on the
site plan approved in this application and submitted September 8,
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 2005 model
112.9 m2 (1,216 ft2) manufactured home, for agricultural purposes,
within SE 18-21-17-W4M. Any additional development shall require
prior approval of a separate permit application.
15. The developer ensuring the design, character and appearance of the
proposed building is consistent with or exceed the standard of, other
buildings in the vicinity. _
V.
September 27, 2005 Municipal Planning Commission Page 18
16. The developer ensuring the manufactured home is skirted with
materials the same as or consistent with the remainder of the building.
17. The developer ensuring the property is not used for conducting a
business or commercial operation.
18. The developer addressing, to the satisfaction of Alberta Transportation,
any concerns put forward by Alberta Transportation.
MOTION DEFEATED
P-176/05 MOVED BY COUNCILLOR I. SCHROEDER that we classify this building as
a "Manufactured Home" being a discretionary use within the A -
Agricultural District and that approval be granted for Development Permit #
2817 for the development of a 2005 model 112.9 m2 (1,216 ftz)
manufactured home, for agricultural purposes, within the SE 18-21-17
W4M, where the following are required prior to commencement of
construction, final approval and issuance of this permit:
a) The developer becoming the registered owner of the property.
b) The manufactured home being located beyond the Category 1 MDS of
Prairie Feeders and that a revised site plan be submitted.
c) The developer providing the Development Officer with a copy of the
building permit issued by a licensed, accredited building inspection
agency for the County of Newell.
d) The developer 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/removal 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 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) Flankage (South) Side Rear
*30 m *30 m **3 m **3 m
September 27, 2005
GJ V
Municipal Planning Commission Page 19
* 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 a
revised site plan approved by the Development Officer. 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 2005 model
112.9 mz (1,216 ftz) manufactured home, for agricultural purposes,
within SE 18-21-17 W4M. Any additional development shall require
prior approval of a separate permit application.
15. The developer ensuring the design, character and appearance of the
proposed building is consistent with or exceed the standard of, 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 the property is not used for conducting a
business or commercial operation.
18. The developer addressing, to the satisfaction of Alberta Transportation,
any concerns put forward by Alberta Transportation.
MOTION CARRIED
~. ~ v
September 27, 2005 Municipal Planning Commission Page 20
,~. f) Permit #2818 - Pt. SW 5-18-14-W4
Elizabeth Redelback, Janet Mapes, Ron Redelback (Owners)
Ron Redelback (Applicant)
Legalize Existing Development -Creation of 14 Additional Lots
Development Permit #2818 was referred to a future Municipal Planning
Commission Meeting.
11. HOME OCCUPATION/HOME INDUSTRY PERMITS
There were no new Home Occupation/Home Industry Permit items.
12. AGRICULTURAL SUPPORT SERVICE PERMITS
There were no new Agricultural Support Service Permit items.
14. LAND USE CHANGES
a) #05 LUA 024
Pt. N'/z 24-18-15-W4 -Division 5
i~ Martin Bulk Fuel (Owner) (Approx. 315.89 ac)
Dean Martin (Applicant)
From A -Agricultural District to I -Industrial District
P-177/05 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 127.737 hectares (315.89
acres) in Pt. N'/z 24-18-15-W4M, from A - Agricultural District to I -
Industrial District.
MOTION CARRIED
15. SUBDIVISIONS
a) #05 NL 011
Pt. NE 2-20-13-W4 -Division 3
Eastern Irrigation District /County of Newell No. 4 (Owner/Applicant)
EXDanSIOn of a cemetery
P-178/05 MOVED BY COUNCILLOR H.
approval of Subdivision #05 NL
0.81 hectares (2 acres) for the
following conditions:
.--,
WUTZKE that we recommend to Council
011, for the subdivision of approximately
expansion of a cemetery, subject to the
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.
~ ~U,
September 27, 2005 Municipal Planning Commission Page 21
2. The applicant providing easements to franchise utilities for services to -
the proposed parcels. The applicant may be responsible for the costs
associated with the installation, removal or modification of services.
3. The applicant entering into an agreement with the County of Newell for
the installation, removal and/or upgrade of any required road
approaches to the proposed and/or remnant parcels.
4. The applicant meeting all the requirements of the Eastern Irrigation
District with respect to the conveyance of water as well as easements.
5. That all outstanding municipal taxes be paid prior to the endorsement.
MOTION CARRIED
b) #05 NL 017
Pt. SW 28-20-14-W4 -Division 8
842723 Alberta Ltd. (Owner) Marian Shantz (Applicant)
Subdivision of approx. 2.0 hectares (4.94 acres) into 2 CR lots from a
larger agricultural parcel.
P-179/05 MOVED BY COUNCILLOR H. WUTZKE that we recommend to Council
approval of Subdivision #05 NL 017, for the subdivision of approximately
2.0 hectares (4.94 acres) into two Country Residential lots 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, upgrade and/or removal of any required road
approaches to the proposed and/or remnant parcels.
4. The applicant registering a caveat for the dedication of a 30-metre
strip of land along the westerly boundary of a portion of SW 28-20-14
W4 for future road widening in favour of Alberta Infrastructure and
Transportation.
5. The applicant providing a cross access and joint access agreement for
the two subdivided Country Residential parcels.
6. The applicant providing municipal reserve in the form of cash-in-lieu
calculated at $3,620.00 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.
7. The applicant meeting all the requirements of the Eastern Irrigation
District with respect to the conveyance of water as well as easements.
September 27, 2005 Municipal Planning Commission ~ ~ ~ Page 22
~^
8. The applicant entering into a Rural Water Use Purposes Agreement
with the Eastern Irrigation District and providing evidence of this
agreement.
9. That all outstanding municipal taxes be paid prior to the endorsement.
10. The applicant registering a caveat for the dedication of a 20 metre
strip of land along the easterly boundary of the proposed north
property for the potential of a future subdivision road.
MOTION CARRIED
Bruce McKellar was not in attendance for the vote on Motion No. P-179-05 and
returned at 3:14 p.m.
16. OTHER BUSINESS
There was no other business to discuss.
~",
d) Proposed Cassils Area Structure Plan Boundaries
Discussion was initiated on boundaries for the proposed Cassils Area
Structure Plan.
18. IN CAMERA
17. POST AGENDA ITEMS
c) Brin4ina Utilities to Lots
Commission members discussed the requirement for developers to install
trunk lines for utilities at the time of subdivision. This requirement will be
determined on a case-by-case basis.
P-180/05
MOVED BY COUNCILLOR I. SCHROEDER that we move in camera at
4:17 p.m.
MOTION CARRIED
P-181/05
MOVED BY COUNCILLOR I. SCHROEDER that we move out of camera at
4:20 p.m.
MOTION CARRIED
19. QUESTION PERIOD
,~~-
None
~ /Vi
September 27, 2005
Municipal Planning Commission
Page 23
20. INFORMATION ITEMS
There were no information items at this meeting.
21. AD70URN
P-182/05 MOVED BY I. SCHROEDER that the meeting adjourn at 4:20 p.m.
MOTION CARRIED
CHA A
~L~~7~
ADMINISTRATOR
September 27, 2005 Municipal Planning Commission Page 24