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HomeMy WebLinkAbout2006-03-30 Municipal Planning Commission (Regular) Minutess^ COUNTY OF NEWELL NO. 4 MUNICIPAL PLANNING COMMISSION MEETING MARCH 30, 2006 The regular Municipal Planning Commission Meeting of the County of Newell No. 4 was held in the County Office at Brooks, AB on Thursday, March 30, 2006 commencing at 10:04 a.m. MEMBERS PRESENT: C. Vermeeren, Chairman H. Wutzke, Councillor S. Swenson, Member B. McKellar, Member ABSENT: I. Schroeder, Councillor STAFF: T. Henry, County Planner P. Urban, Development Control Officer A. Martens, County Administrator S. Yokoyama, Administrative Secretary A. Clapton, Records Management Clerk OTHERS IN ATTENDANCE: C. Baksa - 05 LUA 007 & 06 NL 002 A. Denis - DP#2858 R. Baine - DP#2858 S. Traichel - 06 LUA 006 C. Melnychuck - 06 LUA 006 K. Melnychuck - 06 LUA 006 T. Melnychuck - 06 LUA 006 G. Snyder - 06 LUA 006 I. Liscum - 06 LUA 006 K. Rothbauer -The Brooks Bulletin 1. CALL TO ORDER Councillor Vermeeren called the meeting to order at 10:04 a.m. 2. EXCUSED FROM MEETING P-32/06 MOVED BY COUNCILLOR H. WUTZKE that Councillor Schroeder be excused from the meeting. MOTION CARRIED ~- ~ • ~ 3. MINUTES a) March 2, 2006 Pg. 8 #06 LUA 003 (Veenstra) -all references to the word 'metres' should be changed to'acres'. P-33/06 MOVED BY B. McKELLAR that the minutes of the March 2, 2006 Municipal Planning Commission meeting be adopted as amended. MOTION CARRIED 4. CALL FOR POST AGENDA ITEMS The Chairman called for post agenda items. 5. ADOPTION OF AGENDA P-34/06 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. Arrived at Meeting Allan Denis & Rick Baine were in attendance at the meeting and arrived at 10:13 a.m. b) Permit #2858 SE 21-17-17-W4 -Division 4 Hutterian Brethren of Bow City (Owner) Alberta Aggregates Ltd. -Allan Denis (Applicant) Gravel Pit Operation Concerns regarding dust suppression and maintenance of the roadway to the Bow City gravel pit operation located on the SE 21-17-17-W4 were discussed. It was felt that these concerns could be addressed in a Road Use Maintenance Agreement with the County of Newell. A draft copy of this agreement will be presented to MPC at the next meeting. Allan Denis and Rick Baine left the meeting at 10:25 a.m. -' ~-~ ' March 30, 2006 Municipal Planning Commission Page 2 ,~ c) When are Building Permits Required? Nothing to report at this time. Information will be brought forward at a future meeting. d) What is considered a Replacement Residence? Nothing to report at this time. Information will be brought forward at a future meeting. Arrived at Meeting Rick Baine arrived at the meeting at 10:30 a.m. e) Subdivision Services to be Installed by the Developer Commission members discussed the comments provided by the Superintendent of Public Works regarding this issue. It was questioned how these services may be able to tie in with the proposed regional services. It was noted that the minimum size for a shared water and sewer utility easement is 9.5 metres. Easements for pre-built/developed areas will be smaller than those for lands that are to be developed in the future. ~ Rick Baine left the meeting at 10:51 a.m. Arrived at Meetina Cory Baksa was in attendance at the meeting and arrived at 10:57 a.m. f) Cassils ADalication - 05 LUA 007 The County Planner provided an update on this outstanding Land Use Amendment application. In March, the applicant revised their application request to Agricultural to Industrial, rather than Agricultural to Country Residential. The applicant submitted this change, in response to a Land Use Amendment that was approved redesignating an adjacent property to industrial. Due to the change in the application request, it was noted that a second circulation would be undertaken to obtain input from adjacent property owners and relevant agencies. P-35/06 MOVED BY COUNCILLOR H. WUTZKE that it be recommended to County Council to refuse the request to change approximately 16.07 hectares (39.72 acres) of land in Pt. S '/z 5-19-15 W4M from A -Agricultural District to I -Industrial District; however, recommend to County Council to provide first reading to change approximately 16.07 hectares (39.72 acres) of land r"" in Pt. S '/z 5-19-15 W4M from A -Agricultural District to CR 2 -Country Residential 2 District; lr- f ~/ - March 30, 2006 Municipal Planning Commission Page 3 MOTION DEFEATED _ P-36/06 MOVED BY B. McKELLAR that the item be postponed until the next meeting on April 25, 2006. MOTION CARRIED K. Rothbauer left the meeting at 11:33 a.m. 15. SUBDIVISIONS a) #06 NL 002 Pt. N'/z & SE 34-18-14-W4 -Division 5 D.A. Dick (Owner) Cory Baksa (Applicant) Subdivision of approximately 90.65 hectares (224.0 acres) into 21 CR lots and 20 HWY C lots, as per recently adopted ASP P-37/06 MOVED BY COUNCILLOR H. WUTZKE that we recommend to Council approval of Subdivision #06 NL 002, for the subdivision of approximately 90.65 hectares (224.0 acres) into 21 CR lots and 20 HWY C lots, as per the recently adopted 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 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, registration and discharge of the caveat will be at the cost of the applicant. 4. The applicant providing and receiving approval of construction plans from 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 providing municipal reserve in the form of cash-in-lieu calculated at $3,000.00 per acre for the residential land and $5,449.00 per acre for the commercial land. The total amount will be determined at the time of endorsement by the municipality. The applicant may provide an appraisal conducted by a certified professional to determine market value of land if the per acre calculation by the County is disputed by the applicant. 6. The applicant meeting all the requirements of the Eastern Irrigation District with respect to the conveyance of water as well as easements. -` C - ~/ . March 30, 2006 Municipal Planning Commission Page 4 ,,-.. 7. The applicant forming a homeowners association to be responsible for ongoing maintenance of all public utility lots and municipal reserve parcels. 8. The applicant providing a landscaping plan for the commercial parcels adjacent to Highway 1 and for the commercial lots adjacent to the residential lots. 9. The applicant addressing any concerns put forth by Alberta Infrastructure and Transportation. 10. The applicant, if required, entering into cross access agreements with any affected pipeline owners. li. That all outstanding municipal taxes be paid prior to endorsement of the surveyed plan. MOTION CARRIED Cory Baksa left the meeting at 11:37 a.m. 7. COUNCIL & S.D.A.B. REPORT Councillor Vermeeren provided the Commission members with updates on the following items: ~-- 06 LUA 001 was given third reading • Dahlbilt Ltd. was granted leniency to provisions in their development agreement • 06 LUA 002 and 06 LUA 003 were given first reading • Council accepted the proposal from Scheffer Andrew for the Cassils Area Structure Plan for the planning and phase 1 hydrogeological study • NRCB applications from the Hutterian Brethrens of Newell and Clearview were reviewed • 06 TA001 regarding text amendments to the Land Use Bylaw was postponed for further changes • Relaxation of the Lake Newell Resort development agreements were granted allowing for caveat releases and acceptance of development permit applications for 16 lots in Blocks 3 & 5 and that the letter of credit be released as per the agreement until $200,000 remains • Notice of Motion was received by A. Eckert to revisit application 05 LUA 026 on April 6, 2006. LUNCH The Commission recessed for lunch at 12:02 p.m. and reconvened at 1:06 p.m. ~/ March 30, 2006 Municipal Planning Commission Page 5 8. DEVELOPMENT REPORT -FEB. 23. 2006 -MAR. 23. 2006 P-38/06 MOVED BY S. SWENSON that the Development Report be accepted. MOTION CARRIED 9. CORRESPONDENCE a) Vulcan County Subdivision A letter from the Oldman River Regional Services Commission regarding a Vulcan County subdivision was presented to the Commission. The Commission has no concerns with this application. 10. DEVELOPMENT PERMITS a) Permit #2873 NW 24-17-14-W4 -Division 2 Plan 8411 GJ, Parcel A 961078 Alberta Ltd. /Devon Buteau (Owner/Applicant) Dwelling Unit -Modular Home with Deck & Attached Garaae P-39/06 MOVED BY COUNCILLOR H. WUTZKE that the Municipal Planning Commission APPROVE Development Permit #2873 and that this building be _ classified as a "Dwelling Unit" being a discretionary use within the A - Agricultural District. Approval is being granted for the new construction of a -~ 202 m2 (2,176 ft2) modular home, with deck and attached garage on Plan 8411 GJ, Parcel A, within NW 24-17-14 W4M, containing 69.75 acres, 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. 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. and, subject to the following conditions: 1) This permit is being granted only for the development of a 202 m2 (2,176 ft2) modular home, with deck and attached garage on Plan 8411 GJ, Parcel A within NW 24-17-14 W4M. Any additional development shall require prior approval of a separate permit -- application. ~~v, March 30, 2006 Municipal Planning Commission Page 6 ~- 2) The proposed development complying with: a. all Federal, Provincial and Municipal statutes, regulations, codes and standards. b. the provisions of Section 79 of Land Use Bylaw #1443-03, and amendments thereto, pertaining to the A -Agricultural District. c. the Alberta Building Code where applicable 3) 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. 4) The developer ensuring: a. the following setbacks are maintained for this development: Front Flankage (West) Side Rear *30 m *30 m **3 m **3 m * Minimum distance to be maintained from public road ROW or highways. ** Minimum distance to be maintained from the property lines. b. the proposed building is consistent with the purpose of the land use district and that the design, character and appearance of the proposed buildings are compatible with, or exceed the standard of, other buildings in the vicinity. ,~-- c. the property is not used for conducting a business or commercial operation. d. adequate supply of water is provided for potable use. e. site is graded so that storm water does not drain onto adjoining properties. f. Legal access must be upgraded to county standards and the county will not be responsible for maintaining the road. g. there is proper and legal access provided to the property from the developed, forced roadway to the north. h. adequate parking space is available for these uses. i. there is proper disposal of sewage and waste from this use. The developer ensuring the appropriate septic system is utilized for this development. j. property is maintained to the satisfaction of the Development Officer. k. construction materials, supplies and equipment are stored on the property and not on the public roadway. I. continuous clean up of construction debris tracked onto the public roadway where access is provided to the property. r- c.v^ March 30, 2006 Municipal Planning Commission Page 7 m. all outdoor garbage containers are stored in weatherproof and __ animal-proof containers and are covered and screened from the public roadways. - n. no contamination of soil, surface water or groundwater from this use. o. all hazardous waste materials are properly disposed of in regulated facilities. MOTION CARRIED b) Permit #2874 - NW 20-18-14-W4 -Division 5 Eastern Irrigation District (Owner) Silver Sage Agricultural Society (Applicant) Accessory Building (Horse Barn) Agricultural Building for Public &Quasi-Public Use P-40/06 MOVED BY COUNCILLOR H. WUTZKE that the Municipal Planning Commission APPROVE Development Permit #2874 and that this 'Accessory Building" be classified as an "Agricultural Building for Public &Quasi-Public Use" being a discretionary use within the A -Agricultural District. Approval is being granted for the new construction of a 557 mz (6,000 ft2) horse barn, on the NW 20-18-14-W4M, containing 14.74 acres, 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. and, subject to the following conditions: 1) This permit is being granted only for the development of a 557 m2 (6,000 ft2) Agricultural Building for Public & Quasi Public Use, being a horse barn on the NW 20-18-14-W4M. Any additional development or change in use, shall require prior approval of a separate permit application. 2) The proposed development complying with: a. all Federal, Provincial and Municipal statutes, regulations, codes and standards, b. the provisions of Section 79 of Land Use Bylaw #1443-03, and amendments thereto, pertaining to the A -Agricultural District, c. the Alberta Building Code where applicable, d. any concerns put forth by the City of Brooks, e. any concerns put forth by the Eastern Irrigation District, 3) The developer obtaining, and complying with, all other required __ permits including electrical, heating & ventilation, gas and plumbing /~ ~ f March 30, 2006 / T Municipal Planning Commission Page 8 ~-. from an accredited inspection agency and providing copies of the applicable permits to the Development Officer. 4) The developer ensuring: a. the following setbacks are maintained for this development: Front Flankage Side Rear *30 m *30 m **3 m **3 m * Minimum distance to be maintained from public road ROW or highways. ** Minimum distance to be maintained from the property lines. b. the proposed building is consistent with the purpose of the land use district and that the design, character and appearance of the proposed building is compatible with, or exceed the standard of, other buildings in the vicinity. c. That the proposed building is not used for living purposes. d. site is graded so that storm water does not drain onto adjoining properties. e. there is proper and legal access provided to the property. f. adequate parking space is available for these uses. g. there is proper disposal of sewage and waste from this use. '^ h. property is maintained to the satisfaction of the Development Officer. i. that the animal waste, created from this use, is disposed of in the proper manner. j. construction materials, supplies and equipment are stored on the property and not on the public roadway. k. continuous clean up of construction debris tracked onto the public roadway where access is provided to the property. I. all outdoor garbage containers are stored in weatherproof and animal-proof containers and are covered and screened from the public roadways. m. no contamination of soil, surface water or groundwater from this use. n. all hazardous waste materials are properly disposed of in regulated facilities. MOTION CARRIED Arrived at Meetin4 Sandy Traichel, Terry, Cody, & Kyle Melnychuck, George Snyder & Ida ~ Liscum were in attendance at the meeting and arrived at 1:37 p.m. ~ • ~• March 30, 2006 Municipal Planning Commission Page 9 14. LAND USE CHANGES c) #06 LUA 006 Pts. NW 22-18-14-W4 & SW 27-18-14-W4 -Division 5 Heinz & Lydia Traichel (Owner) Sandy Traichel (Applicant) (Approx. 21.21 ac) From A -Agricultural District to AI -Agricultural Industrial District The County Planner presented a report regarding this land use amendment request. The applicant noted that certain improvements would be made to the property to ease adjacent property owner concerns. Meetings were also conducted with various parties regarding this application. Adjacent property owners noted meetings were held on March 7 & 28 to discuss issues surrounding the use on the property. Issues raised were: - use is appropriate in an industrial park - reference to soil capability, what is the standard used? - compliance/enforcement issues - encroachment of more industrial in the area In response to adjacent property owner concerns, the applicant noted that: - the CPR prefers Light Industrial developments adjacent to railways and discourages residential development - configuration of existing parcels limit their use - commercial use on site preceded the residential subdivision P-41/06 MOVED BY B. McKELLAR 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 8.58 hectares (21.21 acres) of land in Pts. NW 22-18-14-W4M & SW 27-18-14-W4M from A -Agricultural District to AI -Agricultural Industrial District. MOTION CARRIED Sandy Traichel, Terry, Cody, & Kyle Melnychuck, George Snyder & Ida Liscum left the meeting at 2:05 p.m. 10. DEVELOPMENT PERMITS (continued) c) Permit #2875 - SE 21-21-18-W4 -Division 6 698012 Alberta Ltd. (Owner) Darryl Massie (Applicant) Dwelling Unit P-42/06 MOVED BY COUNCILLOR H. WUTZKE that the Municipal Planning Commission APPROVE Development Permit #2875 and that this building be classified as a "Dwelling Unit" being a discretionary use within the A - Agricultural District. Approval is being granted for the new construction of -- an 86 mz (920 ft2) dwelling unit on the SE 21-21-18-W4M, containing C-~" March 30, 2006 Municipal Planning Commission Page 10 r--- 134.33 acres, 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 providing the Development Officer with a copy of an approved Private Sewage Disposal System (PSDS) permit issued by a licensed, accredited agency for the installation of a private sewage disposal system. c. The developer entering into 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: 1) This permit is being granted only for the development of an 86 m2 (920 ftZ) dwelling unit on the SE 21-21-18-W4M. Any additional development shall require prior approval of a separate permit application. 2) The proposed development complying with: a. all Federal, Provincial and Municipal statutes, regulations, codes and standards. `~ b. the provisions of Section 79 of Land Use Bylaw #1443-03, and amendments thereto, pertaining to the A -Agricultural District. c. the Alberta Building Code where applicable d. any concerns put forth by Alberta Infrastructure and Transportation. 3) 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. 4) The developer ensuring: a. the following setbacks are maintained for this development: Front Flankage Side Rear *30 m *30 m **3 m **3 m * Minimum distance to be maintained from public road ROW or highways. ** Minimum distance to be maintained from the property lines. b. the proposed building is consistent with the purpose of the land use district and that the design, character and appearance of the proposed buildings are compatible with, or exceed the standard of, other buildings in the vicinity. r'" c. the proposed development does not encroach onto Gas Pipeline Right of Way Plans 771 0433 and 931 1732. . V~ March 30, 2006 Municipal Planning Commission Page 11 d. the minimum required separation distance from the flowing gas __. wells located on 7-21-21-18-W4M, 8-21-21-18-W4M and 8B2 8- 21-21-18-W4M is maintained. - e. the property is not used for conducting a business or commercial operation. f. adequate supply of water is provided for potable use. g. site is graded so that storm water does not drain onto adjoining properties. h. there is proper and legal access provided to the property. i. adequate parking space is available for these uses. j. there is proper disposal of sewage and waste from this use. The developer ensuring the appropriate septic system is utilized for this development. k. property is maintained to the satisfaction of the Development Officer. I. construction materials, supplies and equipment are stored on the property and not on the public roadway. m. continuous clean up of construction debris tracked onto the public roadway where access is provided to the property. n. all outdoor garbage containers are stored in weatherproof and animal-proof containers and are covered and screened from the public roadways. o. no contamination of soil, surface water or groundwater from this use. p. all hazardous waste materials are properly disposed of in regulated facilities. MOTION CARRIED d) Permit #2877 - SE 29-21-17-W4 -Division 6 David Clyne (Owner) Mrs. David Clyne (App-icant) New Home Site, Deck & Garage P-43/06 MOVED BY S. SWENSON that the Municipal Planning Commission APPROVE Development Permit #2877 and that this building be classified as a "Dwelling Unit" being a discretionary use within the A -Agricultural District. Approval is being granted for the new construction of a 366 mZ (3,938 ftZ) dwelling unit, with deck and attached garage, for agricultural purposes, on the SE 29-21-17-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. v~ MarcL 30, 2006 Municipal Planning Commission Page 12 ~-.. 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 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: 1) This permit is being granted only for the development of a 366 mz (3,938 ft2) dwelling unit, with deck and attached garage on the SE 29- 21-17-W4M. Any additional development shall require prior approval of a separate permit application. 2) The proposed development complying with: a. all Federal, Provincial and Municipal statutes, regulations, codes and standards. b. the provisions of Section 79 of Land Use Bylaw #1443-03, and amendments thereto, pertaining to the A -Agricultural District. c. the Alberta Building Code where applicable 3) 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. 4) The developer ensuring: a. the following setbacks are maintained for this development: Front(South) Flankage (East) Side Rear *30 m *30 m **3 m **3 m * Minimum distance to be maintained from public road ROW or highways. ** Minimum distance to be maintained from the property lines. b. the proposed building does not encroach onto the Pipeline Right of Way described as Instrument 001 319 106 on the Certificate of Title searched and dated February 28, 2006. c. proposed building is consistent with the purpose of the land use district and that the design, character and appearance of the proposed buildings are compatible with, or exceed the standard of, other buildings in the vicinity. d. the property is not used for conducting a business or commercial operation. e. an adequate supply of water is provided for potable use. f. site is graded so that storm water does not drain onto adjoining F'"" properties. ~- ~• March 30, 2006 Municipal Planning Commission Page 13 9• h. there is proper and legal access provided to the property adequate parking space is available for these uses. i. there is proper disposal of sewage and waste from this use. The developer ensuring the appropriate septic system is utilized for this development. j. property is maintained to the satisfaction of the Development Officer. k. construction materials, supplies and equipment are stored on the property and not on the public roadway. I. continuous clean up of construction debris tracked onto the public roadway where access is provided to the property. m. all outdoor garbage containers are stored in weatherproof and animal-proof containers and are covered and screened from the public roadways. n. no contamination of soil, surface water or groundwater from this use. o. all hazardous waste materials are properly disposed of in regulated facilities. MOTION CARRIED e) Permit #2879 - NW 22-21-18-W4 -Division 6 Doug & Kelly Christman (Owner) -~ Mrs. Kelly Christman (Applicant) Variance Request -Section 55 Dwelling Units Per Parcel Second Residence -Moved in 1983 Manufactured Home P-44/06 MOVED BY B. McKELLAR that the Municipal Planning Commission refuse the variance requested in Development Permit #2879 for the placement of a moved in 1983 manufactured home as the proposed development contravenes Section 55 of the land use bylaw and that APPROVAL be considered as a Temporary Residential Unit, and this building and use be classified as a "Temporary Residential Unit" being a discretionary use within the A -Agricultural District. Approval is being granted for the placement of a 86 m2 (924 ftZ) 1983 manufactured home, with porch addition, for a time period of three years on the NW 22-21-18-W4M, containing 36.69 acres, 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. e ~~ . March 30, 2006 Municipal Planning Commission Page 14 ~..._ c. The developer providing the Development Officer with written evidence from a person qualified in the installation of septic systems that the existing system is suitable for the land. and, subject to the following conditions: 1) This permit is being granted only for the development of a 86 m2 (924 ftZ) moved in, 1983 manufactured home with porch addition, for a time period of three years, on the NW 22-21-18-W4M. Any additional development shall require prior approval of a separate permit application. 2) The proposed development complying with: a. all Federal, Provincial and Municipal statutes, regulations, codes and standards. b. the provisions of Section 79 of Land Use Bylaw #1443-03, and amendments thereto, pertaining to the A -Agricultural District. c. the Alberta Building Code where applicable 3) 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. 4) The developer ensuring: ~-- a. the following setbacks are maintained for this development: Front(West) Flankage (North) Side Rear *30 m *30 m **3 m **3 m * Minimum distance to be maintained from public road ROW or highways. ** Minimum distance to be maintained from the property lines. b. the temporary residence is occupied by the person identified in this application. c. proposed building is consistent with the purpose of the land use district and that the design, character and appearance of the proposed building is compatible with, or exceed the standard of, other buildings in the vicinity. d. the proposed building is skirted with material the same as or consistent with the remainder of the building. e. The porch addition is sided with materials the same as, or consistent with, the remainder of the building f. the property is not used for conducting a business or commercial operation. g. an adequate supply of water is provided for potable use. h. site is graded so that storm water does not drain onto adjoining ~ properties. i. there is proper and legal access provided to the property. G . if March 30, 2006 Municipal Planning Commission Page 15 j. adequate parking space is available for these uses. k. there is proper disposal of sewage and waste from this use. The _ developer ensuring the appropriate septic system is utilized for this development. I. property is maintained to the satisfaction of the Development Officer. m. construction materials, supplies and equipment are stored on the property and not on the public roadway. n. continuous clean up of construction debris tracked onto the public roadway where access is provided to the property. o. all outdoor garbage containers are stored in weatherproof and animal-proof containers and are covered and screened from the public roadways. p. no contamination of soil, surface water or groundwater from this use. q. all hazardous waste materials are properly disposed of in regulated facilities. MOTION CARRIED 11. HOME OCCUPATION/HOME INDUSTRY PERMITS _ There were no new Home Occupation /Home Industry permits to review. 12. AGRICULTURAL SUPPORT SERVICE PERMITS There were no new Agricultural Support Service Permits to review. 13. STATUTORY PLANS -NEW & AMENDMENTS There were no Statutory Plans to review. 14. LAND USE CHANGES CON'T a) #06 LUA 004 - Pt. NW 24-17-14-W4 961078 Alberta Ltd. (Owner) -Division 2 Devon Buteau (Applicant) (Approx. 6.09 ac) From A -Agricultural District to CR -Country Residential District P-45/06 March 30, 2006 MOVED BY B. McKELLAR that we recommend to Council that - consideration be given to first reading of a bylaw to amend Land Use Bylaw ~V. Municipal Planning Commission Page 16 r- #1443-03 by re-designating approximately 2.46 hectares (6.09 acres) of land in NW 24-17-14-W4M from A -Agricultural District to CR -Country Residential District. MOTION CARRIED b) #06 LUA 005 Pts. NW 29-20-14-W4 & SW 32-20-14-W4 -Division 8 David & Elsie Wiens (Owner/Applicant) (Approx. 68.22 ac) From A -Agricultural District to CR -Country Residential District P-46/06 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 27.61 hectares (68.22 acres) of land in Pts. NW 29-20-14-W4M & SW 32-20-14-W4M from A - Agricultural District to CR -Country Residential District. MOTION CARRIED 15. SUBDIVISIONS CON'T b) #06 NL 003 Pt. SE 30-18-14-W4 -Division 5 ~ Cliff Sewall (Owner) Bill Sewall (Applicant) Subdivision of a 62.335 hectare (154.03 acre) parcel to create another 2.327 hectare (5.75 acre) light industrial lot on the quarter P-47/06 MOVED BY COUNCILLOR H. WUTZKE that we recommend to Council approval of Subdivision #06 NL 003, for the subdivision of a 62.335 hectare (154.03 acre) parcel into another 2.327 hectare (5.75 acre) light industrial lot on the quarter, subject to the following conditions: 1. That all oil and gas company leases, rights of way and board orders, be carried forward, when the subdivision mylar is registered at Land Titles Office. 2. The applicant providing easements to franchise utilities for services to the proposed parcels, if required. The applicant may be responsible for the costs associated with the installation, removal or modification of services. 3. The applicant entering into a development agreement for the development of this subdivision as identified under Section 655 of the Municipal Government Act. The preparation, 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, upgrade and/or removal of any required road ~ approaches to the proposed and/or remnant parcels. - V. March 30, 2006 Municipal Planning Commission Page 17 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 a general utility easement for the potential tie- in to the City of Brooks services. 7. The applicant providing municipal reserve in the form of cash-in-lieu calculated at $4,237.00 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 any requirements of the Eastern Irrigation District with respect to the conveyance of water as well as easements. 9. That all outstanding municipal taxes be paid prior to the endorsement. 10. The applicant providing a 30-metre dedication along the south boundary of the affected parcel for a future County service road right of way. MOTION CARRIED 16. OTHER BUSINESS a) Update on Cassils ASP The County Planner advised that Scheffer Andrew and County staff are scheduled to meet on April 3, 2006. The consultant would also like to meet with MPC members to gather information for the Cassils Area Structure Plan. MPC members asked that Division 5 Councillor, Mara Nesbitt, be invited to attend as well. A tentative date of April 18, 2005 beginning at 10:00 a.m. was selected. b) 4 Other ASPs The County Planner requested direction on the 4 outstanding Area Structure Plans. MPC members were advised that a mutual agreement was reached with the original consulting company to terminate our contract for the completion of the Area Structure Plans. Direction was given to the County Planner to meet with Dillon Consulting to determine if any of the work thus far could be utilized or if the project should start over from the beginning. It was noted that approximately 2/3 of the budget for this project has been expended. 17. POST AGENDA ITEMS a) Village of Rosemary Subdivision AuDlication A letter from the City of Brooks, regarding Subdivision Application 2006 RO 001 was presented to the Commission. The Commission had no objections to this proposal. March 30, 2006 ~ N Municipal Planning Commission Page 18 ~r ,-- b) Timelines for County Annlications Councillor Vermeeren advised that he had received a complaint over the length of time required to process an application. It was noted that there are a number of deadlines that County staff must adhere to when processing applications and it is the applicant's responsibility to submit their applications within these deadlines. 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-48/06 MOVED BY S. SWENSON that the meeting adjourn at 3:12 p.m. MOTION CARRIED CHA A r~-~.,._ ADMINISTRATOR ~~"- March 30, 2006 Municipal Planning Commission Page 19