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HomeMy WebLinkAbout2005-11-29 Municipal Planning Commission (Regular) Minutes COUNTY OF NEWELL NO. 4 MUNICIPAL PLANNING COMMISSION MEETING NOVEMBER 29, 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, November 29, 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 A. Martens, Administrator S. Yokoyama, Administrative Secretary OTHERS IN ATTENDANCE: S. Traichel L. Traichel T. Melnychuk O. Shantz - OS NL 023 C. Baksa - 05 ASP 007 R. Torkelson - 05 LUA 026 N. Torkelson - 05 LUA 026 R. Turuk - 05 LUA 026 J. Turuk - 05 LUA 026 R. Strom - 05 NL 024 J. Ramjohn - 05 NL 025 R. Perini - 05 NL 025 C. Christianson - 05 NL 026 D. Gray - 05 NL 026 1. CALL TO ORDER Councillor Vermeeren called the meeting to order at 10:04 a.m. 2. EXCUSED FROM MEETING All members were in attendance. ~, V 3. MINUTES a) October 25, 2005 P-205/05 MOVED BY COUNCILLOR I. SCHROEDER that the minutes of the October 25, 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-206/05 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) Legalize Existing Development -Creation of 14 Additional Lots No new information to report. 7. COUNCIL & S.D.A.B. REPORT Councillor Vermeeren provided the Commission members with updates on the following items: • SDAB meeting decisions o the MPC decision on Development Permit #2817 was upheld o the appeal against Home Industry Major Permit #182 was upheld • Council has set the area for the Cassils Area Structure Plan. • subdivisions, a land use amendment and area structure plans reviewed by Council during November. 8. DEVELOPMENT REPORT -OCTOBER 19, 2005 -NOVEMBER 22. 2005 P-207/05 MOVED BY COUNCILLOR H. WUTZKE that the Development Report be accepted. MOTION CARRIED ~ .~ November 29, 2005 Municipal Planning Commission Page 2 9 P-208/05 Arrived at Meeting Sandy & Lydia Traichel and Terry Melnychuk were in attendance at the meeting and arrived at 10:30 a.m. CORRESPONDENCE a) Sandblasting Business SW 27-18-14-W4 - time frames/limitations of subsequent/alternative applications were discussed - a valid permit fora portable sandblasing operation is in effect until March 19, 2006, however the MPC acknowledges that the business has exceeded the parameters of the existing application. - concerns were raised by ratepayers in the area - Terry Melnychuck consulted with Alberta Environment and Occupational Health & Safety to discuss concerns of the business. o Compliance is voluntary and he has met these conditions o Albert Environment suggested that he obtain the MSDS sheet on silica sand which shows one of its uses as play sand o long term exposure to silica dust can cause respiratory problems if a respirator is not used o sand has to be contained on the property and all sandblasting is done on a concrete pad o if allowed to operate Mr. Melnychuk would work within regulations of Alberta Environment o never used acid so it cannot be spilled on the ground Commission members discussed options for the sandblasting operation located at SW 27-18-14-W4 since the proposed amendment to the East Silver Sage area structure plan was refused by Council. The following comments were made: Chairman suggested that copies of guidelines from Alberta Environment and Occupational Health & Safety and the MSDS sheet for silica sand be supplied to County Council for review what are the noise levels and can they be contained it was suggested that the applicant speak with the neighbours in the area to try and alleviate some concerns before bringing another request back to Council a second time. MOVED BY COUNCILLOR I. SCHROEDER that further discussion regarding the sandblasting business located at the SW 27-18-14-W4 be referred to the January 31, 2006 MPC meeting. MOTION CARRIED November 29, 2005 Sandy & Lydia Traichel and Terry Melnychuk left the meeting at 11:11 a.m. Arrived at Meeting Orval Shantz was in attendance at the meeting and arrived at 11:15 a.m. c./. Municipal Planning Commission Page 3 13. SUBDIVISIONS a) #05 NL 023 Pt. NW 5-22-14-W4 -Division 8 Mattheis Engineering Ltd. (Owner) Orval Shantz (Applicant) Subdivision of vacant cut-off agricultural parcel of approximately 2.46 ha (6.09 ac) from a larger agricultural parcel Commission members reviewed the application from Mr. Mattheis to subdivide an orphaned piece of property. The County Planner cautioned the Commission members about deviating from the requirements in the Municipal Development Plan. P-209/05 MOVED BY COUNCILLOR I. SCHROEDER that we recommend to Council approval of Subdivision #05 NL 023, for the subdivision of a vacant cut-off agricultural parcel of approximately 2.46 hectares (6.09 acres) 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 providing municipal reserve in the form of cash-in-lieu calculated at $500.00 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. 5. The applicant removing instruments 751 008 715 and 751 008 723 from the subdivided parcel only. Discharge of the caveats will be at the sole expense of the applicant. 6. The applicant meeting any requirements of the Eastern Irrigation District with respect to the conveyance of water as well as easements. 7. That all outstanding municipal taxes be paid prior to the endorsement. MOTION CARRIED Orval Shantz left the meeting at 11:42 a.m. Arrived at Meeting Cory Baksa was in attendance at the meeting and arrived at 11:45 a.m. e.~~ _. November 29, 2005 Municipal Planning Commission Page 4 ,,._. 14. STATUTORY PLANS -NEW & AMENDMENTS a) #05 ASP 007 Pts. E~/z & NW 34-18-14-W4; N'/z & SW 35-18-14-W4 & Pts. 26-18-14-W4 -Division 5 D.A. Dick (Owner) Cory Baksa (Applicant) Adoption of One Tree Estates, Saddle Brook Business Park & Newbrook Business Park ASP P-210/05 MOVED BY COUNCILLOR H. WUTZKE that we recommend to Council that consideration be given to first reading of a bylaw to adopt the One Tree Estates, Saddle Brook Business Park & Newbrook Business Park Area Structure Plan with amendments as recommended by the Municipal Planning Commission. MOTION CARRIED Cory Baksa left the meeting at 12:02 p.m. LUNCH The Commission recessed for lunch at 12:02 p.m. and reconvened at 1:19 p.m. Arrived at Meetin4 Raymond & Norman Torkelson and Rod & ]acquie Turuk were in attendance at the meeting and arrived at 1:19 p.m. 15. LAND USE CHANGES a) #05 LUA 026 Pt. NW 2-21-14-W4 -Division 8 Plan 8811786, Block 1 Norman & Edna Torkelson (Owner) (Approx. 8.57 ac) Raymond Torkelson (Applicant) From A -Agricultural District to CR -Country Residential District P-211/05 MOVED BY COUNCILLOR H. WUTZKE that we refer Land Use Amendment 05 LUA 026 to a future Municipal Planning Commission meeting. MOTION CARRIED Raymond & Norman Torkelson, Rod & Jacquie Turuk left the meeting at 1:36 p.m. •~~ November 29, 2005 Municipal Planning Commission Page S Arrived at Meetin4 Rob Strom was in attendance at the meeting and arrived at 1:45 p.m. 13. SUBDIVISIONS CON'T c) #05 NL 024 Pt. NW 36-18-15-W4 -Division 5 Jackson Cattle Company Ltd. (Owner) Rob Strom -Strom & Associates (Applicant) Creation of 16 light industrial lots, sizes varying from 0.5 ha to 3.85 ha (1.24 ac to 9.51 ac) as per Jackson Liaht Industrial ASP. P-212/05 MOVED BY COUNCILLOR I. SCHROEDER that we recommend to Council approval of Subdivision #05 NL 024, for the creation of 16 light industrial lots, sizes varying from 0.5 ha to 3.85 ha (1.24 ac to 9.51 ac) as per the Jackson Light Industrial ASP, 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 a 9.5 metre easement to franchise utilities for services to the proposed parcels, if required. The applicant may be responsible for the costs associated with the installation, removal or modification of services. 3. The applicant entering into a development agreement for the development of this subdivision as identified under Section 655 of the Municipal Government Act. The preparation and registration and discharge of the caveat will be at the cost of the applicant. Items in the agreement will include the construction of the dugout on proposed lot 5, construction of a fence along the west property line and requirement of a letter of credit. 4. 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. 5. The applicant meeting any requirements of the Eastern Irrigation District with respect to the conveyance of water as well as easements. 6. The applicant providing a landscaping plan for the west, north and east boundaries of the entire site. 7. The applicant submitting and receiving approval from Alberta Infrastructure and Transportation for a Traffic Impact Assessment for the site and providing evidence of the approval. 8. The applicant meeting any other conditions required by Alberta Infrastructure and Transportation. 9. That all outstanding municipal taxes be paid prior to endorsement. ~,v MOTION CARRIED November 29, 2005 Municipal Planning Commission Page 6 ,-. Rob Strom left the meeting at 1:55 p.m. Arrived at Meetin4 Jamal Ramjohn & Robert Perini were in attendance at the meeting and arrived at 1:56 p.m. d) #05 NL 025 W~/z 3-19-15-W4 -Division 5 Robert & Marilyn Perini (Owners) Jamal Ramjohn -Dillon Consulting (Applicant) Subdivision of approximately 18.586 ha (45.93 ac) into 8 CR lots. P-213/05 MOVED BY COUNCILLOR I SCHROEDER that we recommend to Council approval of Subdivision #05 NL 025, for the subdivision of approximately 18.586 ha (45.93 ac) into 8 CR lots, 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 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 placed on the title for this requirement. 5. The applicant providing and receiving approval of construction plans, if required by the County's Public Works Department. Such plans may include: storm water management plan, lot grading plan, infrastructure plan, and drawings depicting ditch and road profiles. 6. The applicant providing municipal reserve in the form of cash-in-lieu calculated at $1,723.26 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 existing deferred reserve caveat identified as instrument 771 106 312 on both certificates of title being discharged at the developer's expense. 8. The applicant meeting all the requirements of the Eastern Irrigation District with respect to the conveyance of water as well as easements. /• November 29, 2005 Municipal Planning Commission Page 7 9. The applicant entering into a Rural Water Use Purposes Agreement with the Eastern Irrigation District and providing evidence of this agreement. 10. That all outstanding municipal taxes be paid prior to the endorsement. MOTION CARRIED Jamal Ramjohn left the meeting at 2:00 p.m. 10. DEVELOPMENT PERMITS d) Permit #2842 - Pt. SW 3-19-15-W4 -Division 5 Plan 9512716, Block A, Lot 5 Robert & Marilyn Perini (Owner/Applicant) Variance to LUB #1443-03 Section 55 -Dwelling Units Per Parcel Single Family Dwelling P-214/05 MOVED BY COUNCILLOR H. WUTZKE that we classify this building as a "Single Detached Dwelling" being a permitted use within the CR -Country Residential District and that approval be granted for Development Permit #2842 for the construction of a 220 mz (2,372 ftz) single detached dwelling on Lot 5, Block A, Plan 9512716 (within SW 3-19-15-W4M), granting a variance to Section 55 to permit a second dwelling on the property and where the following are required prior to final approval and issuance of this permit: a) The developer satisfying, to the satisfaction of the County Planner, all the requirements of Subdivision file 05 NL 025. 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 Transportation, if required by Alberta Transportation and providing evidence of this agreement, if required. 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, for the proposed building. e) 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. f) 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: c~~ ~ - November 29, 2005 Municipal Planning Commission Page 8 ~. 1. The proposed development complying with all Federal, Provincial and Municipal statutes, regulations, codes and standards. 2. The proposed development complying with the provisions of Section 83 of Land Use Bylaw #1443-03, and amendments thereto, pertaining to the CR -Country Residential District. 3. The developer ensuring the following setbacks are maintained for the proposed development: Front 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 outdoor garbage containers are stored in weatherproof and animal-proof containers and are covered and screened from the public roadways. 11. The developer ensuring adequate parking space is available for this use. 12. The developer ensuring the property is maintained to the satisfaction of the Development Officer. 13. The developer ensuring supplies and equipment are stored on the property and not on the public roadway or adjacent properties. 14. The developer ensuring the continuous clean up of construction debris tracked onto the public roadway where access is provided to the property. 15. The developer ensuring this development is located as shown on the site plan approved in this application and submitted November 1, 2005. Any changes to that plan shall require the written approval of the Development Officer. ~,~ November 29, 2005 Municipal Planning Commission Page 9 16. This permit is being granted only for the construction of a 220 m2 (2,372 ft2) single detached dwelling on Lot 5, Block A, Plan 9512716 (within SW 3-19-15-W4M). Any additional development shall require prior approval of a separate permit application. 17. The developer ensuring the design, character and appearance of the proposed building and addition are consistent with the purpose of the land use district and other buildings in the vicinity. 18. The developer ensuring the property is not used for conducting a business or commercial operation. 19. The developer addressing, to the satisfaction of Alberta Transportation, any concerns put forward by Alberta Transportation. MOTION CARRIED Robert Perini left at 2:06 p.m. Shelley Swenson declared a pecuniary interest and left the meeting at 2:08 p.m. Arrived at Meeting Cam Christianson and Doug Gray were in attendance at the meeting and arrived at 2:10 p.m. e) #05 NL 026 Pt. NE 8-19-14-W4 -Division 10 Plan 0512566, Block 1, Lot 1 Gray & Company Holdings Ltd. (Owner) Cam Christianson -Midwest Surveys (Applicant) Subdivision of industrial parcel to create 3 parcels P-215/05 MOVED BY B. MCKELLAR that we recommend to Council approval of Subdivision #05 NL 026, for the subdivision of an industrial parcel to create 3 parcels, 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 an agreement with the County of Newell for the installation, upgrade or removal of any required road approaches to the proposed parcels. A caveat may be placed on the title for this requirement. 4. The applicant meeting any requirements of the Eastern Irrigation ` ~ District with respect to the conveyance of water as well as easements. e . ~l . November 29, 2005 Municipal Planning Commission Page 10 ,~-^ 5. The applicant providing and obtaining approval for the construction of a static water supply on one of the proposed lots to the satisfaction of the Director of Protective Services. 6. That all outstanding municipal taxes be paid prior to endorsement. MOTION CARRIED Cam Christianson & Doug Gray left the meeting at 2:25 p.m. Shelley Swenson returned to the meeting at 2:26 p.m. b) #05 NL 022 Pt. NW 24-19-15-W4 -Division 5 Plan 0310777, Block 2, Lot 1 County of Newell No. 4 (Owner/Applicant) Create two highway commercial lots, one lot to be transferred to Volker Stevin P-216/05 MOVED BY COUNCILLOR H. WUTZKE that we recommend to Council approval of Subdivision #05 NL 022, to create two highway commercial lots, .-- one lot to be transferred to Volker Stevin, 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, if required. 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, upgrading and/or removal of any required road approaches to the proposed and/or remnant parcels. 4. The applicant providing municipal reserve in the form of a deferred reserve caveat to be registered against the remnant Highway Commercial parcel of NW 24-19-15-W4M. The amount required for the deferred reserve will be calculated at the time the applicant provides a plan of subdivision to the municipality for endorsement. 5. The applicant meeting any requirements of the Eastern Irrigation District with respect to the conveyance of water as well as easements. 6. That all outstanding municipal taxes be paid prior to the endorsement. MOTION CARRIED ~.v November 29, 2005 Municipal Planning Commission Page 11 9. CORRESPONDENCE b) Letter of Extension -Development Permit #2663 Pt. NW 31-18-15-W4; Plan 0311968, Block A, Lot 3 -Division 5 Ryan Salonka (Owner) Construction Completion The Development Officer advised that a time extension until June 30, 2006 was requested to complete development permit #2663. The original letter of credit for this development has expired and the exterior of the building is not complete, however, a new letter of credit in the amount of $5,000 has been received. P-217/05 MOVED BY S. SWENSON that a time extension be granted for Development Permit #2663 until June 30, 2006. MOTION CARRIED 1m. DEVELOPMENT PERMITS CON'T a) Permit #2839 Plan 8210258, Block 3, Lot 4 -Division 1 Brian & Kim Fletcher (Owner) Craig Smit - CK Carpentry / Latchy Homes (Applicant/Purchaser) Moved in Single Detached Dwelling (35 Years) P-218/05 MOVED BY COUNCILLOR H. WUTZKE that we classify this "Moved in Building" as a °Single Family Detached Dwelling" being a discretionary use within the HSF -Hamlet Single Family Residential District and that approval be granted for Development Permit #2839 fora 1970 moved in 83.8 mz (902 ftz) single detached dwelling, with deck construction on Lot 4, Block 3, Plan 8210258 (308 Third Street), granting a variance to Section 11(108) to permit athirty-five year old moved in building 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. C ~~ 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. d) The developer providing the County Letter of Credit in the amount of conditions of this approval are satisfied. of Newell with an Irrevocable $2,500.00 to ensure that all and subject to the following conditions: November 29, 2005 Municipal Planning Commission Page 12 ,.._. 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 (West) Side Rear *7.5 m **1.5 m **3 m * 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 this use. 7. The developer being responsible for all costs associated with the ,~- modification of water and sewer services to provide service to the dwelling. All this work shall be to the satisfaction of the Hamlet Advisory Committee. The developer shall contact the Mr. Ted Dickinson, Rolling Hills Advisory Committee at 964-3731, prior to backfilling to review all connections. The developer shall also be responsible for the restoration of the street, to the satisfaction of the Superintendent of Public Works, when these services are installed. 8. The developer ensuring the site is graded so that storm water does not drain onto adjoining properties. 9. The developer ensuring there is proper and legal access provided to the property. 10. The developer ensuring there is proper disposal of sewage and waste from this use. 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 November 2, ~" 2005. Any changes to that plan shall require the written approval of the Development Officer. ~, ~ November 29, 2005 Municipal Planning Commission Page 13 15. This permit is being granted only for the development of a 1970 -- moved in 83.8 mz (902 ftZ) single detached dwelling, with deck construction, on Lot 4, Block 3, Plan 8210258 (308 Third Street). Any additional development shall require prior approval of a separate permit application. 16. The developer ensuring the design, character and appearance of the proposed building is consistent with, or exceed the standards of, other buildings in the vicinity. 17. There being no objections received from the Rolling Hills Hamlet Advisory Committee. MOTION CARRIED b) Permit #2840 - NE 35-16-13-W4 -Division 2 Dan-Lin Farms Ltd. /Dan Wester (Owner/Applicant) Variance to LUB #1443-03 Section 55 -Dwelling Units Per Parcel Section 73 - Flankage Yard Setback 2005 Manufactured Home -Agricultural Purposes P-219/05 MOVED BY COUNCILLOR H. WUTZKE that we classify this ~~Manufactured Home" as a "Dwelling Unit" being a discretionary use within the A - Agricultural District and that approval be granted for Development Permit #2840 for the placement of a 113 m2 (1,216 ft2) manufactured home for agricultural purposes, on lands legally described as NE 35-16-13 W4M, granting the following variances: i) to Section 55 to permit a second residence on the property and, ii) 20 m (65.6 ft), to Section 73, flankage yard setback, 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. d) The developer providing the Development Officer with a copy of an approved Private Sewage Disposal System (PSDS) permit issued by a licensed, accredited agency for the installation of a private sewage disposal system. and subject to the following conditions: ~-~ November 29, 2005 Municipal Planning Commission Page 14 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 (North) Flankage (East) Side Rear *30 m *10 m **3 m **7.5 m (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. 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 all outdoor garbage containers are stored in weatherproof and animal-proof containers and are covered and screened from the public roadways. 11. The developer ensuring adequate parking space is available for this use. 12. The developer ensuring the property is maintained to the satisfaction of the Development Officer. 13. The developer ensuring supplies and equipment are stored on the property and not on the public roadway or adjacent properties. 14. The developer ensuring the continuous clean up of construction debris tracked onto the public roadway where access is provided to the property. 15. The developer ensuring this development is located as shown on the site plan approved in this application and submitted November 1, 2005. Any changes to that plan shall require the written approval of the Development Officer. ,~--- • /• November 29, 2005 Municipal Planning Commission Page 15 16. This permit is being granted only for the development of a 113 mZ - (1,216 ft2) manufactured home for agricultural purposes, on lands legally described as NE 35-16-13-W4M. Any additional development shall require prior approval of a separate permit application. 17. The developer ensuring the design, character and appearance of the proposed building is consistent with the purpose of the land use district and other buildings in the vicinity. 18. The developer ensuring the proposed manufactured home is skirted with materials the same as, or consistent with, the remainder of the building. 19. The developer ensuring the property is not used for conducting a business or commercial operation. 20. The developer addressing, to the satisfaction of Alberta Transportation, any concerns put forward by Alberta Transportation. MOTION CARRIED c) Permit #2841 -Division 3 Plan 1217 BA, Block 6, Lots 1-3 Mark Martin (Owner/Applicant) Variance to LUB #1443-03 Section 85.6 -Accessory Building Restrictions Garage Construction in Rear Yard P-220/05 MOVED BY B. MCKELLAR that we classify this building and use as an --- ~~Accessory Building" being a permitted use within the HSF -Hamlet Single Family Residential District and that approval be granted for Development Permit #2841 for the construction of a 53.5 mz (576 ft2) accessory building, for general storage, to be located on Lots 1 - 3, Block 6, Plan 1217 BA (201 King Street), 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. 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: c• ~ November 29, 2005 Municipal Planning Commission Page 16 Front (West) Side Rear *11.45 m **1.5 m ***5.5 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 *** Minimum distance to be maintained from the rear property line where vehicular entrance is located. 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 the property is maintained to the satisfaction of the Development Officer. 9. The developer ensuring construction materials, supplies and equipment are stored on the property and not on the public roadway. 10. The developer ensuring the continuous clean up of construction debris tracked onto the public roadway where access is provided to the property. 11. The developer ensuring this development is located as shown on the site plan approved in this application and submitted October 17, 2005. Any changes to that plan shall require the written approval of the Development Officer. 12. This permit is being granted the development of a 53.5 m2 (576 ftZ) accessory building, for general storage, on Lots 1-3, Block 6, Plan 1217 BA (201 King Street). Any additional development shall require prior approval of a separate permit application. 13. 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. 14. The developer ensuring there is a 2 m (6.6 ft) separation distance between the proposed accessory building and the existing building. 15. The developer ensuring the accessory building does not exceed 68 m2 (732 ft2). 16. The developer ensuring the accessory building does not exceed 4.5 m (14.8 ft) in height. 17. The developer ensuring the proposed accessory building is not used for living purposes. ~ , /. November 29, 2005 Municipal Planning Commission Page 17 18. The developer ensuring the property is not used for conducting a business or commercial operation. MOTION CARRIED d) Permit #2843 - Pt. SW 14-20-14-W4 -Division 8 Plan 9610029, Block A, Lot 3 Jeffery & Victoria Alberts (Owner/Applicant) Existing Use: Well Servicing Operation P-221/05 MOVED BY COUNCILLOR H. WUTZKE that we classify this building and use as a "Well Servicing Operation" being a discretionary use within the LI - Light Industrial District and that approval be granted for Development Permit #2843 for the overall existing use of the property for the purposes of a well servicing operation on Plan 9610029, Block A, Lot 3 (within SW 14- 20-14-W4M), containing 8.70 acres, where the following are required prior to final approval and issuance of this permit: a) The developer providing a copy of a detailed landscaping treatment or screening plan for the northern, southern and western 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. 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 a Roadside Development Agreement with Alberta Infrastructure & Transportation, if required by Alberta Infrastructure & 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 this development: Front (West) 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. C•~~ November 29, 2005 Municipal Planning Commission Page 18 ,.-. 5. The developer obtaining, and complying with, all other required permits including electrical, heating & ventilation, gas and plumbing from an accredited inspection agency and providing copies of the applicable permits to the Development Officer. 6. The developer ensuring an adequate supply of water is provided for domestic use. 7. The developer ensuring the site is graded so that storm water does not drain onto adjoining properties. 8. The developer ensuring there is proper and legal access provided to the property. 9. The developer ensuring there is proper disposal of sewage and waste from this use. 10. The developer ensuring the property is maintained to the satisfaction of the Development Officer. 11. The developer ensuring construction materials, supplies and equipment are stored on the property and not on the public roadway. 12. The developer ensuring the continuous clean up of construction debris tracked onto the public roadway where access is provided to the property. 13. This permit is being granted only for the existing use of the property being a well servicing operation on Plan 9610029 Block A, Lot 3 (within .-- SW 14-20-14 W4M). Any additional development shall require prior approval of a separate permit application. 14. The developer ensuring landscaping of the property is complete within two years from the date of approval. 15. The developer ensuring that an appropriate form of dust suppression is maintained at this site at all times. This shall be in the form of crushed rock, pavement, or other means satisfactory to the Development Authority. 16. The developer ensuring adequate parking space is available for this use. 17. The developer ensuring all outdoor garbage containers are stored in weatherproof and animal-proof containers and are covered and screened from the public roadways. 18. The developer ensuring there is no contamination of soil, surface water or groundwater from this use. 19. The developer ensuring all hazardous waste materials are properly disposed of in regulated facilities. 20. The developer addressing, to the satisfaction of Alberta Infrastructure & Transportation any concerns put forth by Alberta Infrastructure & Transportation. MOTION CARRIED e . /. November 29, 2005 Municipal Planning Commission Page 19 11. HOME OCCUPATION/HOME INDUSTRY PERMITS a. Home Industry Major Permit #200 NW 15-22-19-W4 -Division 6 Fairville Colony /George Waldner (Owner/Applicant) Welding & Fabrication Operation P-222/05 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. 200 for a Welding and Fabrication Operation on the NW 15-22-19-W4M, containing 2.00 acres, where the following are required prior to final approval and issuance of this home industry major 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. and, subject to the following conditions: 1. This use complying with all Federal, Provincial and Municipal statutes, regulations, codes and standards. 2. The developer complying with the Alberta Fire Code where applicable. The developer shall contact Mr. Gord Barlow, Fire Chief, Bassano Rural Fire Department, 403-641-3810, 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 Rural Fire Department. 3. This use not affecting the residential use of the property or adjacent properties and area. 4. The total number of non-resident, part time and full time employees involved with the said occupation, not exceeding five. 5. The applicant ensuring that there are no commercial trucks, as specified in this application, used in conjunction with the home industry permit. 6. 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. 7. The applicant ensuring no noise, vibration, smoke, dust or odours, which may affect adjacent landowners or development, are created from this home industry minor. 8. The applicant ensuring adequate parking space is available for this use, up to two stalls, within the front yard setback. 9. The developer ensuring there is no contamination of soil, surface water or groundwater from this use. C ~. November 29, 2005 Municipal Planning Commission Page 20 ~-. 10. 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 12. AGRICULTURAL SUPPORT SERVICE PERMITS a) Agricultural Sunnort Service #05-AS-003 NE 31-18-15-W4 -Division 5 Ross Annett (Owner/Applicant) On Farm Beef Storage & Retail/Wholesale of Meat P-223/05 MOVED BY B. MCKELLAR that Agricultural Support Service Application #05-AS-003 be referred to the next meeting. MOTION CARRIED 16. OTHER BUSINESS a) December Meeting Date r The December Municipal Planning Commission meeting was changed from December 20, 2005 to December 29, 2005. 17. POST AGENDA ITEMS a) Gordon Gallup - NW 18-21-15-W4 -Enforcement (Div 7) P-224/05 MOVED BY COUNCILLOR H. WUTZKE that a Stop Order be issued for Home Industry Major Permit #182 and that all commercial uses be discontinued at NW 18-21-15-W4 by March 31, 2006. MOTION CARRIED b) Unauthorized Gravel Pit (Alberta Aggregate) - SE 21-17-17-W4 lDiv 41 Commission members were advised that a development permit was not obtained for the new gravel pit located in the Bow City area. P-225/05 MOVED BY COUNCILLOR H. WUTZKE that a warning letter be sent to the registered land owner and Alberta Aggregates Ltd. advising that they are operating without a permit and that they be given 30 days to apply for a development permit and if this is not done a stop work order will be issued. MOTION CARRIED ~ .V. November 29, 2005 Municipal Planning Commission Page 21 c) Ston Order -Dwain Stefaniszvn Accessory Building Construction -Division 7 Plan 0112401, Block 2, Lot 1 SW 18-21-15-W4 P-226/05 MOVED BY COUNCILLOR I. SCHROEDER that a Stop Order be sent to Dwain Stefaniszyn advising that he is required to obtain a development permit within 30 days, after which a Stop Order will be issued if the permit is not obtained. MOTION CARRIED d) PFRA Ground Water Studv Councillor Vermeeren advised that Council is considering having a Hydrogeological Study completed for the County of Newell. PFRA will fund 25% of the cost of this study. The total cost is estimated at $70,000. 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. 21. AD70URN P-227/05 MOVED BY COUNCCLLOR I. SCHROEDER that the meeting adjourn at 3:56 p.m. MOTION CARRIED CHAIRM ~_ A MINISTRATOR _. November 29, 2005 Municipal Planning Commission Page 22