HomeMy WebLinkAbout2005-10-25 Municipal Planning Commission (Regular) Minutes
COUNTY OF NEWELL NO. 4
MUNICIPAL PLANNING COMMISSION MEETING
OCTOBER 25, 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, October 25, 2005 commencing at
9:58 a.m.
MEMBERS
PRESENT: C. Vermeeren, Chairman
I. Schroeder, Councillor
H. Wutzke, Councillor
S. Swenson, Member
B. McKellar, Member
STAFF: T. Henry, County Planner
P. Urban, Development Control Officer
A. Martens, Administrator
S. Yokoyama, Administrative Secretary
OTHERS IN
ATTENDANCE: D. McIntyre - DP#2788
O. Shantz - DP#2788
). Gibeau - DP#2788
B. MacLeod - DP#2788
C. Christianson, Midwest Surveys - 05 LUA 024
C. Baksa - 05 NL 021
A.M. Philipsen
CALL TO ORDER
The Administrator called the meeting to order at 9:58 a.m.
2. NOMINATION AND ELECTION OF CHAIRMAN
The Administrator called for nominations for the position of Chairman.
Councillor Wutzke nominated Councillor Vermeeren. As there were no
further nominations, the Administrator declared that nominations cease.
Councillor Vermeeren was declared Chairman and assumed the chair.
3. NOMINATION AND ELECTION OF VICE CHAIRMAN
The Chairman called for nominations for the position of Vice Chairman.
Councillor Wutzke nominated Councillor Schroeder. Councillor Schroeder
nominated Bruce McKellar. Mr. McKellar declined the nomination. As there
were no further nominations, the Chairman declared that nominations
cease. Councillor Schroeder was declared Vice Chairman.
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4. EXCUSED FROM MEETING
All members were in attendance.
3. MINUTES
a) September 27, 2005
P-183/05 MOVED BY S. SWENSON that the minutes of the September 27,
2005 Municipal Planning Commission 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-184/05 MOVED BY COUNCILLOR H. WUTZKE that the agenda be adopted as
amended. _
MOTION CARRIED
6. BUSINESS FROM MINUTES
a) Permit #2818 - Pt. SW 5-18-14-W4
Elizabeth Redelback, Janet Mapes, Ron Redelback (Owners)
Ron Redelback (Applicant)
Leoalize Existing Development -Creation of 14 Additional Lots
The Development Officer provided the Commission members with an update
on this application and suggested that a concept plan be completed for the
area to provide some controls.
Arrived at Meeting
Darrend McIntyre, Orval Shantz, Jeff Gibeau & Bob MacLeod were in
attendance at the meeting and arrived at 10:24 a.m.
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October 25, 2005 Municipal Planning Commission Page 2
~,., 9. CORRESPONDENCE
a) Development Permit #2788 - D & R Oils Ltd.
NE 8-19-14-W4: Plan 4818 JK, Block E -Division 10
General issues were the two conditions for an approach agreement &
landscaping requirements. Mr. McIntyre advised that he was approached by
the County to have his property rezoned from Country Residential to Light
Industrial. He was also advised that the buildings do not comply, however,
he was told that the businesses would be grandfathered. Administration
explained that once the business located in the building changed from its
original use it ceased to have non-conforming status as per the Municipal
Government Act. It was noted that the land use amendment and
development permit were required in order to have the uses on site comply
with all applicable land use regulations and acts. Commission members also
discussed screening for the property and advised that the ASB department
will inspect sites and provide recommendations on types of vegetation that
may be appropriate for certain soil types. Administration felt that some
type of screening would be required for the south side of the property and a
portion of the east side.
The applicant and Superintendent of Public Works will discuss the traffic
pattern for the east access as well as the north access to the property. If a
reasonable solution cannot be reached it will be brought back to the
Municipal Committee for further discussion.
Darrend McIntyre, Orval Shantz & Bob McLeod left the meeting at 11:05
a.m.
c) Compliance Issues - 05-002
SE 21-21-18-W4
Agricultural District -Division 6
698012 Alberta Ltd. (Daryl Massie)
The Development Officer presented a letter from the property owner
requesting an additional (60-90 days) extension to comply with the
County's land use bylaw.
Jack Gibeau, consultant for the property owner, advised the Commission
that his client is avidly seeking alternative properties in which to relocate
the operation.
P-185/05 MOVED BY COUNCILLOR H. WUTZKE that the Municipal Planning
Commission refuse the time extension request and that the property be in
compliance with the Land Use Bylaw by November 30, 2005, followed by
the issuance of a stop order with a compliance date of April 15, 2006.
MOTION CARRIED
Jeff Gibeau left at 11:17 a.m.
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October 25, 2005 Municipal Planning Commission Page 3
a) Development Permit #2788 - D & R Oils Ltd.
NE 8-19-14-W4; Plan 4818 JK, Block E -Division 10
P-186/05 MOVED BY B. MCKELLAR that the applicant continue to work with the
County on meeting the landscaping requirements listed in their
development permit for the south side of the property and a portion of the
eastern side, commencing at the south-eastern portion of the property,
northward 18.3 m (60 ft) and that the applicant meet with the
Superintendent of Public Works to discuss the requirements for access to
the property, if an agreement cannot be reached regarding the approaches
it will be referred to the Municipal Committee for further discussion.
MOTION CARRIED
6. BUSINESS FROM MINUTES CON'T
a) 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
P-187/05 MOVED BY COUNCILLOR I. SCHROEDER that the developer be required
to complete an Area Structure Plan (Concept Plan) for the Bantry Bay area
located on the Pt. SW 5-18-14-W4 and that no further permits from the
applicant be considered until this plan is complete.
MOTION CARRIED
7. COUNCIL & S.D.A.B. REPORT
Councillor Vermeeren provided the Commission members with updates on
the land use amendment, area structure plans and subdivisions that were
reviewed by Council during October. Mac Anderson, representing the
Cassils residents, made a presentation regarding the proposed area
structure plan. They suggested that all of Division 5 west of the Highway
36 be included in the proposed plan. Council will discuss this further at
their November 10, 2005 meeting.
Anne Marie Philipsen left the meeting at 12:09 p.m.
LUNCH
The Commission recessed for lunch at 12:09 p.m. and reconvened at 1:22 p.m.
8. DEVELOPMENT REPORT -SEPTEMBER 21, 2005 -OCTOBER 18. 2005
P-188/05 MOVED BY COUNCILLOR I. SCHROEDER that the Development Report
be accepted.
MOTION CARRIED
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October 25, 2005 Municipal Planning Commission Page 4
9. CORRESPONDENCE CON'T
b) Compliance Issues - 05-001
SW 14-20-14-W4; Plan 9610029, Block A, Lot 3
Light Industrial District -Division 8
Jeffrey D. & Victoria Alberts
P-189/05 MOVED BY B. MCKELLAR that a Warning Letter be issued to the property
owner of Lot 3, Block A, Plan 9610029 located in the SW 14-20-14-W4,
requesting that a development permit application be completed within
fourteen (14) days, for the use of the property. If compliance is not
achieved within the fourteen (14) days, a Stop Order will be issued.
MOTION CARRIED
10. DEVELOPMENT PERMITS
a) Permit #2825 - Pt. NW 26-18-14-W4
Plan 9610862, Block 2 -Division 5
Dick Dick (Owner)
Cory Baksa (Applicant)
Existing Use: Light Manufacturing & Assembly
& Moved in Building -Accessory Use
'"~ P-190/05 MOVED BY COUNCILLOR H. WUTZKE that we classify these buildings and
uses as "Light Manufacturing and Assembly"; an "Accessory Building" and
the "Manufactured Home" as a "Dwelling Unit" being discretionary uses
within the HWY-C - Highway Commercial District and that approval be
granted for Development Permit #2825 for the existing Light Manufacturing
& Assembly operation, containing 2.85 acres, the placement of a 111.48 m2
(1,200 ftZ) accessory building for general storage and the existing 113.7 mZ
(1,224 ft2) manufactured home, on Plan 9610862, Block 2 (within NW 26-
18-14 W4M), containing 2.85 acres, where the following are required prior
to final approval and issuance of this permit:
a) The developer discontinuing use of, and removing, the direct approach
to the Trans Canada Highway, as recommended by Alberta
Infrastructure and Transportation.
b) The developer entering into an agreement with the County of Newell
for the installation and/or upgrade of any required road approaches to
the parcel. This agreement shall, at the applicant's expense, be
registered as a caveat against the lands, if required.
c) The developer entering into a Roadside Development Agreement with
Alberta Infrastructure and Transportation, if required by Alberta
Infrastructure and Transportation and providing evidence of this
agreement.
d) 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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October 25, 2005 Municipal Planning Commission Page 5
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
94 of Land Use Bylaw #1443-03, and amendments thereto, pertaining
to the HWY-C -Highway Commercial District.
3. The developer ensuring the following setbacks are maintained for the
proposed development:
Front (West) Flankage Side Rear
*30 m *30 m **3 m **3 m
* Minimum distance to be maintained from public roadway right of
way or secondary highways.
** Minimum distance to be maintained from property lines.
4. The proposed development complying with the Alberta Building Code
where applicable.
5. The developer obtaining, and complying with, all other required
permits including electrical, heating & ventilation, gas and plumbing
from an accredited inspection agency and providing copies of the
applicable permits to the Development Officer.
6. The developer ensuring the site is graded so that storm water does not
drain onto adjoining properties.
7. The developer ensuring there is proper and legal access provided to
the property.
8. The developer ensuring there is proper disposal of sewage and waste
from this use.
9. The developer ensuring an adequate supply of water is provided for
this use.
10. 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.
11. The developer ensuring access can be provided for Emergency
Services vehicles to three sides of the building.
12. The developer ensuring construction materials, supplies and
equipment are stored on the property and not on the public roadway.
13. The developer ensuring the property is maintained to the satisfaction
of the Development Officer.
14. The developer ensuring this development is located as shown on the
site plan submitted September 22, 2005 and approved in this
application. Any changes to that plan shall require the written
approval of the Development Officer.
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October 25, 2005 Municipal Planning Commission Page 6
15. This permit is being granted only for the existing light manufacturing
and assembly operation on 2.85 acres, a moved in 111.48 mz (1,200
ftz) accessory building for general storage and the existing 113.7 mz
(1,224 ftz) manufactured home, on Plan 9610862, Block 2 (within NW
26-18-14 W4M). Any additional development shall require prior
approval of a separate permit application.
16. The developer ensuring all outdoor garbage containers are stored in
weatherproof and animal-proof containers and are covered and
screened from the public roadways.
17. The developer ensuring 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.
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 ensuring adequate parking space is available for this
use.
21. The developer addressing, to the satisfaction of Alberta Infrastructure
and Transportation, any concerns put forward by Alberta Infrastructure
,.-, and Transportation.
MOTION CARRIED
b) Permit #2826 - NE 12-20-15-W4 -Division 8
Richard Trembecki (Owner/Applicant)
Construction of Dwelling Unit
P-191/05 MOVED BY S. SWENSON that we classify these buildings and uses as a
"Dwelling Unit" being a discretionary use within the A -Agricultural District
and an "Accessory Building" being a permitted use within the A -
Agricultural District and that approval be granted for Development Permit
#2826 for the development of a 280 mz (3,012 ft2) dwelling unit, for
agricultural purposes, and a 97.5 mZ (1,050 ft2) accessory building for
general storage on lands legally described as NE 12-20-15 W4M, where the
following are required prior to commencement of construction, final
approval and issuance of this permit:
a) The developer providing the Development Officer with a copy of the
building permit issued by a licensed, accredited building inspection
agency for the County of Newell.
b) The developer entering into an agreement with the County of Newell
for the installation and/or upgrade of any required road approaches to
the parcel. This agreement shall, at the applicant's expense, be
/` registered as a caveat against the lands, if required.
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October 25, 2005 Municipal Planning Commission Page 7
c) The developer providing the Development Officer with a copy of an
approved Private Sewage Disposal System (PSDS) permit issued by a
licensed, accredited agency for the installation of a private sewage -
disposal system.
d) The developer entering into a Roadside Development Agreement with
Alberta Infrastructure and Transportation, if required by Alberta
Infrastructure and Transportation and providing evidence of this
agreement.
e) Where water is required and available, the developer entering into a
Rural Water Use Purposes or Household Purposes Agreement with the
Eastern Irrigation District, and providing evidence of this agreement.
and subject to the following conditions:
1. The proposed development complying with all Federal, Provincial and
Municipal statutes, regulations, codes and standards.
2. The proposed development complying with the provisions of Section
79 of Land Use Bylaw #1443-03, and amendments thereto, pertaining
to the A -Agricultural District.
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.
il. The developer ensuring construction materials, supplies and
equipment are stored on the property and not on the public roadway.
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October 25, 2005 Municipal Planning Commission Page 8
~ 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 27,
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 280 mz
(3,012 ftz) dwelling unit, for agricultural purposes, and a 97.5 m2
(1,050 ft2) accessory building for general storage on lands legally
described as NE 12-20-15 W4M. Any additional development shall
require prior approval of a separate permit application.
15. The developer ensuring the design, character and appearance of the
proposed buildings are consistent with the land use district and other
buildings in the vicinity.
16. The developer ensuring the accessory building does not exceed 97.5
mZ (1,050 ftz), as specified in this application.
17. The developer ensuring the accessory building does not exceed 4.88 m
(16 ft) in height, as specified in this application.
18. The developer ensuring the accessory building walls do not exceed 3 m
(10 ft) in height, as specified in this application.
19. The developer ensuring the exterior of the proposed addition is sided
.- with materials the same as, or consistent with, the exterior of the
proposed dwelling unit.
20. The developer ensuring the proposed accessory building is not used for
living purposes.
21. The developer ensuring the property is not used for conducting a
business or commercial operation.
22. The developer addressing, to the satisfaction of Alberta Infrastructure
and Transportation, any concerns put forward by Alberta
Infrastructure and Transportation.
MOTION CARRIED
c) Permit #2830 - Pt. SE 29-20-14-W4 -Division 8
Eldon Ropp (Owner)
Stephen or Anna Ropp (Applicant)
Doo Kennel (Max 40 Dogs) & 1790 ft2 Accessory Buildin4 Construction
Commission members reviewed this application. Further discussion will be
held following the scheduled delegations.
Arrived at Meeting
Cam Christianson, Midwest Surveys, Doug Bell and Betty Stica were in
''^ attendance at the meeting and arrived at 2:06 p.m.
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October 25, 2005 Municipal Planning Commission Page 9
14. LAND USE CHANGES
a) #05 LUA 025
Pt. NE 30-17-13-W4 -Division 2
Herbert & Frances Norden (Owner) (Approx. 7.31 ac)
Cam Christianson, Midwest Surveys (Applicant)
From A -Agricultural District to RUR -Rural Residential District
P-192/05 MOVED BY COUNCILLOR H. WUTZKE that we recommend to Council that
consideration be given to first reading of a bylaw to amend Land Use Bylaw
#1443-03 by re-designating approximately 2.96 hectares (7.31 acres) in Pt.
NE 30-17-13-W4M, from A -Agricultural District to RUR -Rural Residential
District, requiring a variance to regulation 81.7(2) of the County's Land Use
Bylaw.
MOTION CARRIED
Cam Christianson left the meeting at 2:15 p.m.
15. SUBDIVISIONS
a) #05 NL 019
Pts. NW 25-18-15-W4 & SW 36-18-15-W4 -Division 5
Alta Link Management Ltd. /Doug Bell (Owner/Applicant)
Subdivision of approximately 4.54 hectares (11.22 acres)
into 3 Country Residential lots from a larger agricultural parcel
P-193/05 MOVED BY COUNCILLOR I. SCHROEDER that we recommend to Council
approval of Subdivision #05 NL 019, for the subdivision of approximately
4.54 hectares (11.22 acres) into 3 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. A caveat may be
placed on the title for this requirement.
4. The applicant consolidating the remnant portion of SW 36-18-15 W4M
with the remnant portion of NW 25-18-15 W4M by plan.
5. The applicant registering a caveat for the dedication of a 10-metre
strip of land along the westerly boundary of a portion of NW 25-18-15
W4M and SW 36-18-15 W4M for future road widening in favour of the
County of Newell No. 4.
6. The applicant applying and obtaining a temporary permit for the
second dwelling on the proposed northerly country residential parcel.
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October 25, 2005 Municipal Planning Commission Page 10
~, 7. The applicant providing municipal reserve in the form of cash-in-lieu
calculated at $3,489.00 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.
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 entering into a Rural Water Use Purposes Agreement
with the Eastern Irrigation District and providing evidence of this
agreement.
10. The applicant removing all irrigation rights from the newly created
country residential parcels.
11. That all outstanding municipal taxes be paid prior to the endorsement.
MOTION CARRIED
Doug Bell and Betty Stica left the meeting at 2:36 p.m.
10. DEVELOPMENT PERMITS CON'T
c) Permit #2830 - Pt. SE 29-20-14-W4 -Division 8
'^ Eldon Ropp (Owner)
Stephen or Anna Ropp (Applicant)
Doa Kennel lMax 40 Doas) & 1790 ft2 Accessory Building Construction
P-194/05 MOVED BY COUNCILLOR I. SCHROEDER that we classify these buildings
and uses as a ~~Kennel" and an "Accessory Building" being discretionary uses
within the A - Agricultural District and that approval be granted for
Development Permit #2730 for the existing use of the 204.38 m2 (2,200 ft2)
building and the 26.76 mZ (288 ft2) building for the purposes of a kennel
and the construction of a 166.3 mz (1,790 ftz) accessory building for the
purposes of general storage on lands legally described as SE 29-20-14
W4M, granting variance to Section 11(89) to permit a maximum of 40 dogs,
where the following are required prior to commencement of construction,
final approval and issuance of this permit:
a) The developer providing the Development Officer with a copy of the
building permit issued by a licensed, accredited building inspection
agency for the County of Newell, for the accessory building.
b) The developer entering into a Roadside Development Agreement with
Alberta Infrastructure and Transportation, if required by Alberta
Infrastructure and Transportation and providing evidence of this
agreement.
and subject to the following conditions:
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October 25, 2005 Municipal Planning Commission Page 11
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
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 there is no contamination of soil, surface water
or groundwater from this use.
11. The developer ensuring all outdoor garbage containers are stored in
weatherproof and animal-proof containers and are covered and
screened from the public roadways.
12. The developer ensuring adequate parking space is available for this
use.
13. The developer ensuring that an appropriate form of dust suppression is
maintained at this site at all times. This shall be in the form of
crushed rock, pavement, or other means satisfactory to the
Development Authority.
14. The developer ensuring the property is maintained to the satisfaction
of the Development Officer.
15. The developer ensuring construction materials, supplies and
equipment are stored on the property and not on the public roadway.
16. The developer ensuring the continuous clean up of construction debris
tracked onto the public roadway where access is provided to the
property.
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October 25, 2005 Municipal Planning Commission Page 12
17. The developer ensuring this development is located as shown on the
site plan approved in this application and submitted September 29,
2005. Any changes to that plan shall require the written approval of
the Development Officer.
18. This permit is being granted only for the existing use of a 204.38 mZ
(2,200 ftZ) building and a 26.76 mz (288 ft2) building for the purposes
of a kennel and the construction of a 166.3 mZ (1,790 ft2) accessory
building, for the purposes of general storage, on lands legally
described as the SE 29-20-14 W4M. Any additional development shall
require prior approval of a separate permit application.
19. The developer ensuring the design, character and appearance of the
proposed building is consistent with other buildings in the vicinity.
20. The developer ensuring the exterior of the proposed building is sided
with materials the same as, or consistent with, the exterior of the
existing buildings on the property.
21. The developer ensuring that the dog kennel is fenced with 1.8 m (6 ft)
chain link fencing materials as specified in this application.
22. The developer ensuring full compliance with the "Code of Practice for
Canadian Kennel Operations, September 1994."
23. The developer ensuring the exterior of the proposed accessory building
is sided with materials the same as, or consistent with, the exterior of
,--- the existing building.
24. The developer ensuring the accessory building does not exceed 166.3
mz (1,790 ftZ).
25. The developer ensuring the accessory building does not exceed 4.88 m
(16 ft) in height.
26. The developer ensuring the accessory building walls do not exceed 3.7
m (12 ft) in height.
27. The developer ensuring the proposed accessory building is not used for
living purposes.
28. The developer ensuring the property is not utilized for animal
grooming, or retail sale of related animal products.
29. The developer addressing, to the satisfaction of Alberta Infrastructure
and Transportation, any concerns put forward by Alberta Infrastructure
and Transportation.
30. The developer ensuring that the animal waste is disposed of in an
acceptable manner.
MOTION CARRIED
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October 25, 2005 Municipal Planning Commission Page 13
d) Permit #2831 - Pt. SE 18-21-17-W4 -Division 6
Gordon F. Ferguson (Owner) Scott & Michelle Miller (Purchasers)
Gail Gibeau (Applicant)
Outdoor Storage -Contractor's Yard
P-195/05 MOVED BY COUNCILLOR H. WUTZKE that we classify this use as a
"Contractor's Yard" being a discretionary use within the LI -Light Industrial
District and that approval be granted for Development Permit #2831 for the
storage of vacuum trucks, rig shacks, employee parking and items related
to the operation of a Contractor's Yard, on lands legally described as SE 18-
21-17 W4M, containing 2.87 acres, 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 Infrastructure and Transportation, if required by Alberta
Infrastructure and Transportation and providing evidence of this
agreement.
b) The developer entering into an agreement with the County of Newell
for the installation and/or upgrade of any required road approaches to
the parcel. This agreement shall, at the applicant's expense, be
registered as a caveat against the lands, if required.
and subject to the following conditions:
1. The proposed development complying with all Federal, Provincial and
Municipal statutes, regulations, codes and standards.
2. The proposed development complying with the provisions of Section
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) Flankage Side Rear
*30 m * 30 m **3 m **3 m
* Minimum distance to be maintained from public roadway right of
way or secondary highways.
** Minimum distance to be maintained from property lines.
4. The 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.
5. The developer ensuring the site is graded so that storm water does not
drain onto adjoining properties.
6. The developer ensuring there is proper and legal access provided to
the property.
7. The developer ensuring there is proper disposal of sewage and waste
from this use.
8. The developer ensuring that the wastewater from the rig shacks is
disposed of in a regulated facility and not on the property.
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October 25, 2005 Municipal Planning Commission Page 14
~.., 9. The developer ensuring an adequate supply of water is provided for
this use.
10. The developer ensuring the property is maintained to the satisfaction
of the Development Officer.
11. The developer ensuring this development is located as shown on the
site plan approved in this application and submitted on September 8,
2005. Any changes to that plan shall require the written approval of
the Development Officer.
12. This permit is being granted only for the storage of vacuum trucks, rig
shacks, employee parking, and items related to the operation of a
Contractor's Yard, on lands legally described as SE 18-21-17 W4M,
containing 2.87 acres. Any additional development shall require prior
approval of a separate permit application.
13. The developer ensuring all outdoor garbage containers are stored in
weatherproof and animal-proof containers and are covered and
screened from the public roadways.
14. 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.
15. The developer ensuring there is no contamination of soil, surface water
or groundwater from this use.
.-- 16. The developer ensuring all hazardous waste materials are properly
disposed of in regulated facilities.
17. The developer ensuring adequate parking space is available for this
use.
18. The developer ensuring that the rig shacks are not occupied at any
time while located on the property.
19. The developer addressing, to the satisfaction of Alberta Infrastructure
and Transportation, any concerns put forward by Alberta Infrastructure
and Transportation.
MOTION CARRIED
11. HOME OCCUPATION/HOME INDUSTRY PERMITS
a) Home Occupation Major Permit #196
NE 33-18-15-W4 -Division 5
Leo & Zelma Smith (Owner/Applicant)
Gravel Hauling Service - 1 Commercial Truck
P-196/05 MOVED BY COUNCILLOR I. SCHROEDER that we classify this as a "Home
Occupation Major being a discretionary use within the A -Agricultural
District and that approval be granted for Home Occupation Major Permit No.
~, 196 for a Gravel Hauling Service on lands legally described as NE 33-18-15
W4M, containing 20.76 acres, subject to the following conditions:
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October 25, 2005 Municipal Planning Commission Page 15
1. This use complying with all Federal, Provincial and Municipal statutes,
regulations, codes and standards.
2. This use not affecting the residential use of the property or adjacent
properties and area.
3. The total number of non-resident, part time and full time employees
involved with the said occupation, not exceeding two unless otherwise
required for safety purposes.
4. The applicant ensuring that no more than one commercial truck is
used in conjunction with the home occupation permit. No other
commercial vehicles shall be permitted.
5. The applicant ensuring there is no advertising or display of produce
being permitted on the property except for one indirectly illuminated
sign of 1 mZ placed flat against the building or fence.
6. The applicant ensuring no noise, vibration, smoke, dust or odours,
which may affect adjacent landowners or development, are created
from this home occupation major.
7. The applicant ensuring adequate parking space is available for this
use, up to two stalls, within the front yard setback.
8. The applicant ensuring there is no contamination of soil, surface water
or groundwater from this use.
9. The developer ensuring that aggregate products are not stockpiled on
the property.
10. The applicant ensuring full compliance with the Easement affecting the
property, described in Instrument 031 162 161, registered on
Certificate of Title 021 448 607.
11. This permit being valid for a time period of three years from the date
of approval, at which time it may be either renewed or revoked by the
Development Authority under the provisions of the land use bylaw. It
is the responsibility of the applicant to renew a minimum of two
months prior to its expiration.
MOTION CARRIED
b) Home Occuuation Maior Permit #197
NE 36-20-15-W4 -Division 8
Plan 9910983, Block 1, Lot 9
Indira Plumer (Owner)
Mike & Karyn Jones o/a Stormy Trucking Ltd. (Applicant)
Septic Service - 1 Commercial Truck
P-197/05 MOVED BY COUNCILLOR H. WUTZKE that we classify this as a ~~Home
Occupation Major "being a discretionary use within the CR -Country
Residential District and that approval be granted for Home Occupation Major
Permit No. 197 for a Septic Service on Lot 9, Block 1, Plan 9910983 (within
NE 36-20-15 W4M), containing 2.05 acres, subject to the following
conditions: _
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October 25, 2005
Municipal Planning Commission
Page 16
~ 1. This use complying with all Federal, Provincial and Municipal statutes,
regulations, codes and standards.
2. This use not affecting the residential use of the property or adjacent
properties and area.
3. The total number of non-resident, part time and full time employees
involved with the said occupation, not exceeding two unless otherwise
required for safety purposes.
4. The applicant ensuring that no more than one commercial truck is
used in conjunction with the home occupation permit. No other
commercial vehicles shall be permitted.
5. The applicant ensuring there is no advertising or display of produce
being permitted on the property except for one indirectly illuminated
sign of 1 m2 placed flat against the building or fence.
6. The applicant ensuring no noise, vibration, smoke, dust or odours,
which may affect adjacent landowners or development, are created
from this home occupation major.
7. The applicant ensuring adequate parking space is available for this
use, up to two stalls, within the front yard setback.
8. The developer ensuring there is no contamination of soil, surface water
or groundwater from this use.
9. This permit being valid for a time period of three years from the date
of approval, at which time it may be either renewed or revoked by the
"~ Development Authority under the provisions of the land use bylaw. It
is the responsibility of the applicant to renew a minimum of two
months prior to its expiration.
MOTION CARRIED
c) Home Occuuation Major Permit #198
E'/z of NE 18-15-15-W4 -Division 4
Brian & Katherine (Katie) Payne (Owner)
Millroy Trucking Ltd. (Applicant)
Oilfield Water Haulina Service - 2 Commercial Trucks & 2 Trailers
P-198/05 MOVED BY COUNCILLOR H. WUTZKE that we classify this as a "Home
Occupation Major" being a discretionary use within the A -Agricultural
District and that approval be granted for Home Occupation Major Permit No.
198 for an Oilfield Water Hauling Service on lands legally described as NE
18-15-15 W4M, containing 80.00 acres, granting variance to Schedule C(7)
to permit a total of two commercial trucks and a waiver for Section 11(82)
subject to the following conditions:
1. This use complying with all Federal, Provincial and Municipal statutes,
regulations, codes and standards.
2. This use not affecting the residential use of the property or adjacent
properties and area.
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October 25, 2005 Municipal Planning Commission Page 17
3. The total number of non-resident, part time and full time employees
involved with the said occupation, not exceeding two unless otherwise
required for safety purposes.
4. The applicant ensuring that no more than two commercial trucks and
two trailers are used in conjunction with the home occupation permit.
No other commercial vehicles or trailers shall be permitted.
5. The applicant ensuring there is no advertising or display of produce
being permitted on the property except for one indirectly illuminated
sign of 1 m2 placed flat against the building or fence.
6. The applicant ensuring no noise, vibration, smoke, dust or odours,
which may affect adjacent landowners or development, are created
from this home occupation major.
7. The applicant ensuring adequate parking space is available for this
use, up to two stalls, within the front yard setback.
8. The developer ensuring there is no contamination of soil, surface water
or groundwater from this use.
9. This permit being valid for a time period of three years from the date
of approval, at which time it may be either renewed or revoked by the
Development Authority under the provisions of the land use bylaw. It
is the responsibility of the applicant to renew a minimum of two
months prior to its expiration.
MOTION DEFEATED
P-199/05 MOVED BY S. SWENSON that Home Occupation Major Permit #198 be
refused as it does not satisfy Section 11(82) of the County's Land Use Bylaw
and that Millroy Trucking Ltd. be given 9 months to comply with the
County's Land Use Bylaw.
MOTION CARRIED
12. AGRICULTURAL SUPPORT SERVICE PERMITS
There were no new Agricultural Support Service Permit items.
13. STATUTORY PLANS -NEW & AMENDMENTS
There were no statutory plans scheduled for this meeting.
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October 25, 2005 Municipal Planning Commission Page 18
15. SUBDIVISIONS CON'T
b) #05 NL 020
Pt. NE 19-21-16-W4 -Division 7
Lawrence & Deborah Hertz (Owner/Applicant)
Subdivision of recently approved 12.951 hectare (32 acre)
Rural Residential parcel from agricultural land
P-200/05 MOVED BY COUNCILLOR I. SCHROEDER that we recommend to Council
approval of Subdivision #05 NL 020, for the subdivision of a recently
approved 12.951 hectare (32 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.
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 removing all irrigation acres within the proposed
subdivision from the Eastern Irrigation District's water roll.
6. 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.
7. The applicant signing the declaration noted in the County's Municipal
Development Plan #1442-03, policy 3.7.c.
8. That all outstanding municipal taxes be paid prior to the endorsement.
MOTION CARRIED
c) #05 NL 021
Pt. NW 17-14-13-W4 -Division 1
Blaine Bolen /Joseph Albers (Owners) Blaine Bolen (Applicant)
Subdivision of recently approved 2.02 hectare (5 acre) Rural
Residential parcel from agricultural land (boundary adjustment to
increase the size of the existing subdivided lot)
P-201/05 MOVED BY COUNCILLOR H. WUT2KE that we recommend to Council
approval of Subdivision #05 NL 021, for the subdivision of a recently
approved 2.02 hectare (5 acre) Rural Residential parcel from agricultural
land (boundary adjustment to increase the size of the existing subdivided
~"" lot), subject to the following conditions:
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October 25, 2005 Municipal Planning Commission Page 19
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.
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
16. OTHER BUSINESS
a) December Meetin4 Date
Commission members discussed moving the date for the December
meeting, as it falls during the Christmas holidays.
P-202/05 MOVED BY COUNCILLOR I. SCHROEDER that the date of the December
Municipal Planning Commission meeting be changed from December 27,
2005 to December 20, 2005.
MOTION CARRIED
17. POST AGENDA ITEMS
a) Development Permit #2683 -Time Extension
P-203/05 MOVED BY COUNCILLOR I. SCHROEDER that a time extension for
Development Permit #2683 be granted until April 30, 2006.
MOTION CARRIED
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October 25, 2005 Municipal Planning Commission Page 20
b) Proposed Chances to Land Use Bvlaw & Workshop
Commission members were asked to provide a list of any items in the
County's Land Use Bylaw and Municipal Development Plan they felt should
be reviewed and to give their lists to the County Planner to research prior to
the next MPC meeting. The County Planner also asked that Commission
members indicate what they hope to achieve with their proposed changes.
It was also suggested that a workshop be held pertaining to enforcement of
conditions in planning and development approvals.
18. IN CAMERA
There were no in camera items to discuss.
19. QUESTION PERIOD
None
20. INFORMATION ITEMS
There were no information items at this meeting.
r--
21. ADJOURN
P-204/05 MOVED BY COUNICLLOR H. WUTZKE that the meeting adjourn at
3:55 p.m.
MOTION CARRIED
CHAIR
~~~
ADMINISTRATOR
October 25, 2005 Municipal Planning Commission Page 21