HomeMy WebLinkAbout2006-04-25 Municipal Planning Commission (Regular) MinutesCOUNTY OF NEWELL NO. 4
MUNICIPAL PLANNING COMMISSION MEETING
APRIL 25, 2006
The regular Municipal Planning Commission Meeting of the County of Newell No. 4 was
held in the County Office at Brooks, AB on Tuesday, April 25, 2006 commencing at
10:00 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, County Administrator
S. Yokoyama, Administrative Secretary
A. Clapton, Records Management Clerk
OTHERS IN C. Baksa - 05 LUA 007
ATTENDANCE: M. Anderson - 05 LUA 007
B. Reimer - 05 LUA 007
S. Jacobson - 05 LUA 007
J. Giles - 05 LUA 007
R. Collister - 05 LUA 007
F. James - 05 LUA 007
M. Korhonen - 05 LUA 007
R. Bouvette - 05 LUA 007
R. Annett - 05 LUA 007
M. Foreman - 05 LUA 007
C. Murphy - 05 LUA 007
D. Murphy - 05 LUA 007
D. McKinnon (Superior Safety Codes)
H. Burton (Superior Safety Codes)
T. Cage - 06 LUA 007
V. Parker - 06 LUA 007
T. Parker - 06 LUA 007
G. Gallup - 06 LUA 007
D. Jensen - 06 LUA 007
A. Giesbrecht - 06 LUA 008
C. Peterson - 06 NL 005
K. Peters - 06 NL 005
A. Tarapaski - 06 NL 005
L. Calpas (HO #206)
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1. CALL TO ORDER
Councillor Vermeeren called the meeting to order at 10:00 a.m.
2. EXCUSED FROM MEETING
Everyone was present at the meeting.
3. MINUTES
a) March 30, 2006
P-49/06 MOVED BY B. McKELLAR that the minutes of the March 30, 2006
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-50/06 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. The Development Control Officer was
directed to write a letter to Mr. Redelback to ask him to provide an update
on Permit #2818.
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
P-51/06 MOVED BY COUNCILLOR I. SCHROEDER that the Municipal Planning
Commission APPROVE Development Permit #2858 for an existing ~~Sand and
Gravel Operation", being a discretionary use within the A -Agricultural
District, as approved in this application and shown on the site plan
submitted January 9, 2006, on lands legally described as SE 21-17-17 W4M, ~ ~
Apri125, 2006 Municipal Planning Commission e ~ U . Page 2
containing 39.52 acres, where the following are required prior to
'^ commencement of construction, final approval and issuance of this permit:
a. The developer providing written evidence of a Road Use Agreement
approved by the Superintendent of Public Works within fourteen days
from the date of approval. This agreement shall address matters
pertaining to dust abatement, haul routes, and any other matters
deemed necessary by the Superintendent of Public Works and be, at
no cost to the County, registered onto the Certificate of Title for the
land until such time as the lands have been reclaimed.
b. The developer ensuring that the extraction area is property fenced with
fencing materials satisfactory to the Development Authority.
c. The developer providing the Development Authority, to the satisfaction
of the Agricultural Fieldman, a practical plan or method of weed
control, erosion prevention and remediation.
d. The developer providing the Development Authority, with written
evidence from the operator of the pipelines and flowing gas wells
authorizing this use, if it is within 200 m (656 ft.) of the extraction
area.
e. Where water is required and available, the development entering into
the appropriate Agreement with the Eastern Irrigation District, and
providing evidence of this agreement.
and subject to the conditions below:
1) This permit is being granted only for the development of a "Sand and
,.-. Gravel Operation: including extraction, crushing and sales of
aggregate on the SE 21-17-17 W4M, containing 39.52 acres. 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. Alberta Environment's Code of Practice for Pits dated September
29, 2005.
3) The developer obtaining, and complying with, all other required
permits including Alberta Environment and providing copies of these
permits to the Development Officer.
4) The developer ensuring:
a. the following setbacks are maintained for this development:
Front Side Rear
*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 development does not encroach onto any Pipeline Right-of-
Way Plan, within the operational area, and that all setbacks from
any flowing gas wells are maintained.
c. that excavation does not occur within 100 m of any watercourse
,,,,_ and that a buffer zone, to the satisfaction of the Eastern
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Apri125, 2006 Municipal Planning Commission Page 3
Irrigation District, be maintained throughout the active timeline _
of the operation.
d. there is proper and legal access provided to the property. ~-`
e. property is maintained to the satisfaction of the Development
Officer.
f. construction materials, supplies and equipment are stored on the
property and not on the public roadway.
g. continuous clean up of construction debris tracked onto the public
roadway where access is provided to the property.
h. an appropriate form of dust suppression is maintained at this site
at all times.
i. property is not utilized as a landfill and that there is no waste of
any kind or woody debris disposed in the pit.
j. stockpiles are contained within the fenced designated area for
this use. Stockpiles outside the permitted area shall not be
allowed.
k. appropriate measures are utilized for the prevention of noise
caused from this use. This shall be in the form of a berm, or
other means approved by the Development Authority.
I. no contamination of soil, surface water or groundwater from this
use.
5) The developer addressing, to the satisfaction of:
a. Alberta Energy and Utilities Board, any concerns put forward by
the Alberta Energy and Utilities Board.
b. Agricultural Service Board (County Of Newell No. 4), a plan for
site preparation and remediation, including the following items:
i. topsoil piles should be sloped to allow easy access with ^ ,
seeding and spraying equipment. -¢°d
ii. additional compost should reduce the risk of soil erosion.
iii. a careful assessment of weeds present on the site should be
dealt with prior to site disturbance and seeding site.
iv. a Certificate of Analysis for any seed purchased and an
assessment completed to ensure no problem weed species
are introduced into the site.
v. the design of the site should consider weed control
requirements in the future as gravel pits are monitored under
the Weed Control Act and can serve as a potential source of
infestations when gravel is moved.
MOTION CARRIED
d) What is considered a Replacement Residence?
Nothing to report at this time. This item will be placed on the agenda when
all the information has been gathered.
Arrived at Meetin4
Dave McKinnon and Howard Burton of Superior Safety Codes Inc. arrived at
the meeting at 10:14 a.m.
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April 25, 2006 Municipal Planning Commission Page 4
,,.._ c) When are Buildina Permits Required?
Dave McKinnon gave a presentation about when building permits are
required and answered all of the Municipal Planning Committee's questions.
Clarification is required as to whether the County of Newell or Alberta
Municipal Affairs is the authority having jurisdiction. Building code
inspectors will ask the County for approval before issuing stop work orders.
Dave McKinnon also noted that a further presentation could be provided to
inform the County of significant changes to the Alberta Building Code which
will be coming into effect in October 2006.
Dave McKinnon and Howard Burton left the meeting at 10:49 a.m.
Arrived at Meeting
Cory Baksa, Mac Anderson & it Cassils residents arrived at the meeting at
10:55 a.m.
e) #05 LUA 007 - Pt. S ~/2 5-19-15-W4
Dick Dick (Owner) -Division 5
Cory Baksa (Applicant) (Approx. 39.72 ac)
'_ From A -Agricultural District to I -Industrial District
The County Planner presented a letter from the CPR opposing all residential
developments in the area, but also outlining requirements that needed to be
followed if the parcel in question was rezoned to residential. The Cassils
Community Action Group presented their concerns regarding water table
issues and the purpose of the rezoning. Cory Baksa responded to their
concerns and asked for the house to be subdivided out, then the developer
would wait for the Area Structure Plan to be completed.
The decision on 05 LUA 007 was postponed until later in the meeting.
Cory Baksa, Mac Anderson, and the 11 Cassils residents left the meeting at
11:33 A.M.
18. IN CAMERA
P-52/06 MOVED BY COUNCILLOR H. WUTZKE that the meeting move in camera
at 11:35 a.m.
MOTION CARRIED
P-53/06 MOVED BY COUNCILLOR I. SCHROEDER that the meeting move out of
~"' camera at 11:48 a.m.
MOTION CARRIED
Apri125, 2006 Municipal Planning Commission ~~ y~ Page 5
Arrived at Meetin4
Tammie Cage, Vern Parker, Tom Parker, Gordon Gallup and Darlene Jensen ~`
arrived at the meeting at 11:52 a.m.
14. LAND USE CHANGES
a) #06 LUA 007 - Pt. NE13-21-16-W4
Tammie Cage, N. William &
Roselynn Easter (Owner) -Division 7
Tammie Cage & N. William Easter (Applicant) (Approx. 26.83 ac)
From A -Agricultural District to CR -Country Residential District
The County Planner presented information on this application. Future
considerations for this land, if subdivided, are an active wellsite and access,
which will impact lot configurations. The Landowner wishes to rezone the
land so the home on it could be sold without selling the rest of the land.
The applicant noted that 2 lots could be created if there is a concern over
densities. Darlene Jensen expressed her client's concerns regarding the
application, including the need for water and sewer plans, and asked if the
withdrawal of the Easters changed the application enough to warrant a new
application. She felt that 06 LUA 007 and her client's application should be
reviewed together, as the properties are adjacent. Darlene Jensen also
presented letters of opposition from neighbours, which had not been -.
received by the County Planner, despite being addressed to the County
Planner.
The decision on 06 LUA 007 was postponed until later in the meeting.
Tammie Cage, Vern Parker, Tom Parker, Gordon Gallup and Darlene Jensen
left the meeting at 12:11 a.m.
LUNCH
The Commission recessed for lunch at 12:11 p.m. and reconvened at
1:05 p.m.
7. COUNCIL & S.D.A.B. REPORT
Councillor Vermeeren provided the Commission members with updates on
the following items:
• 06 TA 001 was revised and given first reading.
• Bylaw 1573-06 (05 LUA 026) to rezone Plan 8811786, Block 1 (Pt. NW
2-21-14-4) was given first reading.
• 06 NL 002 was recommended for approval to the Subdivision
Authority.
• 06 LUA 002 was given second and third readings. _
• 06 LUA 003 was given second and third readings.
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Apri125, 2006 Municipal Planning Commission Page 6
• 06 LUA 006 was given first reading.
• 06 NL 003 was recommended for approval to the Subdivision
Authority.
• 06 LUA 004 was given first reading.
• 06 LUA 005 was given first reading.
• Attendees of the Community Planning Association of Alberta
Conference reported that it was worthwhile and informative.
8. DEVELOPMENT REPORT -MAR. 24, 2006 -APR. 19. 2006
P-54/06 MOVED BY COUNCILLOR I. SCHROEDER that the Development Report
be accepted.
MOTION CARRIED
Arrived at Meeting
Aaron Giesbrecht arrived at the meeting at 1:16 p.m.
14. LAND USE CHANGES -continued
b) #06 LUA 008
Pts. NE 31-15-13-W4 -Division 1
Rick Farms Ltd. (Owner) (Approx. 30.07 ac)
'~' Franz Wiebe -Oasis Trailer Manufacturing Ltd. (Applicant)
From A - Aoricultural District to HWY C -Highway Commercial District
P-55/06 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 12.17 hectares (30.07 acres) of
land in Pt. NE 31-15-13 W4M from A -Agricultural District to HWY C -
Highway Commercial District.
MOTION CARRIED
Aaron Giesbrecht left the meeting at 1:23 p.m.
9. CORRESPONDENCE
a) City of Brooks MDP, ASP & LUB Amendment
A letter from the City of Brooks, regarding amendments to the Municipal
Development Plan, Area Structure Plan, & Land Use Bylaw was presented to
the Commission. The Commission has no concerns with this application.
Ag Services, Public Works, and Planning also have no concerns with this
~"' application.
Apri125, 2006 Municipal Planning Commission ` ~ ~ ~ Page 7
b) General Discussion 06-02 Re: Gallup Agitators
The Development Control Officer presented the Commission with an update
on Gallup Agitator Systems Inc. for information purposes.
c) General Discussion 06-03 Re: Steve & Debra Kowal
The Development Control Officer presented the Commission with a report
on the property of Steve and Debra Kowal. Multiple amateur wrecking
yards are starting to develop throughout the County without the benefit of
an approved Development permit and they should be dealt with. The
Development Control Officer will bring this issue back at a future meeting
with further information and suggestions on how to deal with these
problems.
Arrived at Meeting
Connie Peterson, Karen Peters, and Arthur Tarapaski arrived at the meeting
at 1:34 p.m.
15. SUBDIVISIONS
a) #06 NL 005 - Pt. S'/2 5-19-15-W4
Canadian Pacific Railway (Owner) -Division 5 ~`
Midwest Surveys & Pommen Group (Applicant) --
Subdivision of Industrial parcel along railway adjacent to Cassils for a
land transfer.
P-56/06 MOVED BY COUNCILLOR I. SCHROEDER that Subdivision Application
06 NL 005 be tabled until the ownership of the railway access is clarified.
MOTION CARRIED
Connie Peterson, Karen Peters, and Arthur Tarapaski left the meeting at
1:48 p.m.
Arrived at Meeting
Loren Calpas arrived at the meeting at 1:49 p.m.
11. HOME OCCUPATION/HOME INDUSTRY PERMITS -Continued
a) Permit #206 - NW 18-17-12-W4 -Division 2
Ronald Calpas/Loren Calpas (Owner)
April 25, 2006 Municipal Planning Commission ` ~ ~ . Page 8
~,.., Mr. Loren Calpas (Applicant)
Used Car Sales (Maximum 50 Used Vehicles on Site)
& Towing Service (One Commercial Truck)
Many of the vehicles on the property have been removed, leaving
approximately 135 vehicles. Mr. Calpas explained that the business evolved
from apart-time towing service to the sale of used cars, and that the land is
too acidic for farming. He addressed the signage issue brought up by a
concerned neighbour.
P-57/06 MOVED BY COUNCILLOR H. WUTZKE that the Municipal Planning
Commission postpone the final decision on Home Industry Major Permit
#206 until the May 30, 2006 meeting.
MOTION CARRIED
Loren Calpas left the meeting at 2:06 p.m.
9. CORRESPONDENCE -continued
d) General Discussion 06-04 Re: Dale Dola
The Development Control Officer presented the Commission with a report
'~' on the property of Dale Dola and the concern that trailers are possibly being
sold on the property, thus increasing the number of uses on the property
without the benefit of an approved development permit. An update on this
issue is to be brought to Council and back to the next MPC meeting with the
outcome of the Council discussion.
10. DEVELOPMENT PERMITS
a) Permit #2880
SE 24-16-16-W4 -Division 4
Gordon L. Graham/Senneker Construction Ltd. (Owner/Applicant)
Construction of Dwelling Unit, Deck & Attached Garage
P-58/06 MOVED BY COUNCILLOR I. SCHROEDER that the Municipal Planning
Commission APPROVE Development Permit #2880 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 211 mZ (2,275 ft.2) dwelling unit, for agricultural purposes as described
in this application and shown on the site plan submitted March 20, 2006, on
lands legally described as SE 24-16-16 W4M, containing 2.85 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.
April 25, 2006 Municipal Planning Commission ~ • v' Page 9
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 211 m2
(2,275 ft.2) dwelling unit, for agricultural purposes, on the SE 24-16-
16 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 (East) Side Rear
*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. The proposed development does not encroach onto the Utility
Rights of Way described as Instruments 821 05 735 and 941 037
186 on the Certificate of Title searched and dated April 6, 2006.
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. the site is graded so that storm water does not drain onto
adjoining properties.
g. there is proper and legal access provided to the property.
April 25, 2006 Municipal Planning Commission Q ' Page 10
h. adequate parking space is available for these uses.
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.
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.
MOTION CARRIED
b) Permit #2883 - NW 28-18-14-W4 -Division 5
Plan 0210901, Block 5, Lot 1
Vauxhall Co-Op Petroleum Ltd. (Owner)
Mr. Miles Longman (Applicant)
,._ Expansion to Existing Card Lock Facilitx
P-59/06 MOVED BY COUNCILLOR I. SCHROEDER that the Municipal Planning
Commission APPROVE Development Permit #2883 and that this use be
classified as a "Bulk Fuel Storage and Sales Expansion" being a
discretionary use within the LI -Light Industrial District.
Approval is being granted for the construction of a card lock expansion as
described in this application and approved in the site plan submitted on
March 31, 2006 on Lot 1, Block 5, Plan 0210901, containing 8.17 acres,
where the following are required prior to commencement of construction,
final approval and issuance of this permit:
a. The developer entering into a Roadside Development Agreement with
Alberta Transportation, if required by Alberta Transportation and
providing evidence of this agreement.
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, if required.
and, subject to the following conditions:
1) This permit is being granted only for the development of a card lock
expansion, as approved in this application, on Lot 1, Block 5, Plan 021
0901. Any additional development shall require prior approval of a
separate permit application.
P^ 2) The proposed development complying with:
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April 25, 2006 Municipal Planning Commission Page 11
3)
4)
a. all Federal, Provincial and Municipal statutes, regulations, codes _
and standards.
b. the provisions of Section 95 of Land Use Bylaw #1443-03, and
amendments thereto, pertaining to the LI - Light Industrial
District.
c. the Alberta Building Code where applicable.
d. the Alberta Fire Code where applicable.
e. any concerns put forth by Alberta Infrastructure &
Transportation.
f. any concerns put forth by the Brooks Rural Fire Department.
The developer obtaining, and complying with, all other required
permits including electrical, heating & ventilation, gas and plumbing
from an accredited inspection agency, where applicable, and providing
copies of the applicable permits to the Development Officer.
The developer ensuring:
a. the following setbacks are maintained for this development:
Front (West) Flankage (South) Side Rear
*30 m **7.5 m ***3 m ***3 m
* Minimum distance to be maintained from public road ROW or
highways.
** Minimum distance to be maintained from subdivision streets
or service roads.
*** Minimum distance to be maintained from the property lines.
b. an adequate supply of water is provided for fire suppression to
the satisfaction of the Brooks Rural Fire Department.
c. the site is graded so that storm water does not drain onto
adjoining properties.
d. there is proper and legal access provided to the property.
e. access can be provided for Emergency Services vehicles to the
property.
f. the property is maintained to the satisfaction of the Development
Officer.
g. construction materials, supplies and equipment are stored on the
property and not on the public roadway.
h. continuous clean up of construction debris tracked onto the public
roadway where access is provided to the property.
i. 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.
j. adequate parking space is available for this use.
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April 25, 2006 Municipal Planning Commission Page 12
r-- k. all outdoor garbage containers are stored in weatherproof and
animal-proof containers and are covered and screened from the
public roadways.
I. no contamination of soil, surface water or groundwater from this
use.
m. all hazardous waste materials are properly disposed of in
regulated facilities.
MOTION CARRIED
c) Permit #2891 - SE 30-18-14-W4 -Division 5
Clifford Sewall/Bill Sewall (Owner/Applicant)
Construction of 1,161 mZ Industrial Building Welding &
Repair Shop and Well Servicing Operation
P-60/06 MOVED BY S. SWENSON that the Municipal Planning Commission
APPROVE Development Permit #2891 and that this building and its uses be
classified as a "Machining Shop" being a permitted use within the LI -Light
Industrial District; a "Welding and Repair Shop" and "Well Servicing
Operation" being discretionary uses within the LI -Light Industrial District.
Approval is being granted for the new construction of a 1,161 m2 industrial
building with offices for the purposes of a "Machining Shop", a "Welding &
Repair Shop" and a "Well Servicing Operation", as approved in this
'~` application and shown on the site plan submitted April 4, 2006, subject to
receiving the following requirements prior to commencement of
construction, final approval and issuance of this development 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 providing a copy of a detailed landscaping treatment or
screening plan for the parcel, where soils are suitable. 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
roadway and adjacent land uses.
d) The developer providing the Development Officer with a stormwater
management plan and sedimentation forebay construction plan or
other means of preventing contamination of existing surface and
ground water sources. These plans shall be reviewed and approved by
the Superintendent of Public Works and constructed prior to
commencement of construction of the building.
e) The developer providing evidence of a joint access agreement between
the SE 30-18-14 W4M and Lot 1, Block 1, Plan 0313006 (within SE 30-
18-14 W4M) authorizing access to the parcel. This agreement shall, at
no cost to the County, be registered onto the Certificates of Titles for
~^' the two parcels.
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April 25, 2006 Municipal Planning Commission Page 13
and subject to the conditions below:
1) This permit is being granted only for the construction of a 1,161 m2
industrial building with offices for the purposes of a machining shop,
welding and repair shop and a well servicing operation, as approved in
this application, on the SE 30-18-14 W4M, containing 5.75 acres. 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 95 of Land Use Bylaw #1443-03, and
amendments thereto, pertaining to the LI - light Industrial
District.
c. the Alberta Building Code where applicable
d. the Alberta Fire Code where applicable.
e. any concerns put forth by the Brooks Rural Fire Department.
f. any concerns put forth by the City of Brooks.
g. any concerns put forth by the Eastern Irrigation District.
h. any concerns put forth by the County of Newell Public Works
Department.
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 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
building is consistent with, or exceeds the standard of, other
buildings in the vicinity.
c. the exterior finish of the proposed building is of wood, masonry,
painted concrete block, painted metal siding or other materials
satisfactory to the Development Authority.
d. an adequate supply of water is provided for potable use.
e. an adequate supply of water is provided for fire suppression to
the satisfaction of the Brooks Rural Fire Department.
f. the site is graded so that storm water does not drain onto
adjoining properties.
g. there is proper and legal access provided to the property.
h. access can be provided for Emergency Services vehicles to all
sides of the proposed building.
i. adequate parking space is available for this use.
j. there is proper disposal of sewage and waste from this use and
that the appropriate septic system is utilized for the
development.
k. landscaping of the property is complete within two years from the
date of approval. _.
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April 25, 2006 Municipal Planning Commission Page 14
I. all outdoor storage shall be securely and solidly fenced or
screened from view so as not to visually detract from surrounding
areas.
m. the property is maintained to the satisfaction of the Development
Officer.
n. construction materials, supplies and equipment are stored on the
property and not on the public roadway.
o. continuous clean up of construction debris tracked onto the public
roadway where access is provided to the property.
p. all outdoor garbage containers are stored in weatherproof and
animal-proof containers and are covered and screened from the
public roadways.
q. no contamination of soil, surface water or groundwater from this
use.
r. all hazardous waste materials are properly disposed of in
regulated facilities.
s. 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.
MOTION CARRIED
e) Permit #2892 - NW 24-19-15-W4
,_. (Lot 2, Block 2, Plan 0610460) -Division 5
Volker Stevin Contracting Ltd. (Owner)
Mr. Mike Philip (Volker Stevin) (Applicant)
Construction of 1,626 m2 Salt/Sand Storage Facility
P-61/06 MOVED BY COUNCILLOR H. WUTZKE that the Municipal Planning
Commission APPROVE Development Permit #2892 and that this °Accessory
Building" and the overall use of the property be classified as a °Public Utility'
being a discretionary use within the HWYC -Highway Commercial District.
Approval is being granted for the new construction of 1,625 m2 (17,500 ft.z)
metal, salt and sand building, as described in this application and approved
in the site plan submitted on March 30, 2006 on Lot 2, Block 2, Plan
0610460, containing 10.01 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, if required.
b. The developer providing a copy of a detailed landscaping treatment or
screening plan for the parcel, where soils are suitable. 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
roadway and adjacent land uses.
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Apri125, 2006 Municipal Planning Commission Page 15
c. The developer providing written approval from Alberta Energy and
Utilities Board and /or the operator of the flowing gas well located at 13- _
24-19-15-4, approving this development. '-LL
and, subject to the following conditions:
1) This permit is being granted only for the development of a 1,625 mZ
(17,500 ft.2) metal, salt and sand building, as approved in this
application, on Lot 2, Block 2, Plan 0610460. 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 94 of Land Use Bylaw #1443-03, and
amendments thereto, pertaining to the HWYC - Highway
Commercial District.
c. the Alberta Building Code where applicable.
d. any concerns put forth by the Alberta Energy & Utilities Board.
e. any concerns put for by Encana Corporation.
3) The developer obtaining, and complying with, all other required
permits including electrical, heating & ventilation, gas and plumbing
from an accredited inspection agency, where applicable, 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 (South) 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 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
property and buildings is compatible with, or exceeds the
standards of, other buildings in the vicinity.
c. that there is a minimum 2.5 m separation distance between the
proposed building and other buildings on the property.
d. an adequate supply of water is provided for fire suppression to
the satisfaction of the Brooks Rural Fire Department.
e. the site is graded so that storm water does not drain onto
adjoining properties.
f. there is proper and legal access provided to the property.
g. there is adequate parking available for this use.
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Apri125, 2006 Municipal Planning Commission Page 16
~ h. access can be provided for Emergency Services vehicles, where
required, to the property.
i. the property is maintained to the satisfaction of the Development
Officer.
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. 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.
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.
p. landscaping of the property is complete within two years from the
date of approval.
r^
MOTION CARRIED
11. HOME OCCUPATION/HOME INDUSTRY PERMITS
b) Permit #207 - NW 7-21-13-W4 -Division 8
Gordon Wm. Kay Prof. Corp. (Owner)
Mrs. Jackie Kay (Applicant)
Temporary Guest Lodging (Bed & Breakfast)
Use of existing 67 mZ (722 ft. 2 Dwelling)
P-62/06 MOVED BY B. McKELLAR that the Municipal Planning Commission
APPROVE Home Occupation Major Permit #207 and that this use be
classified as a self catering "Tourist Lodging Facility," being similar to a "Bed
and Breakfast," which is a discretionary use within the A -Agricultural
District, as approved in this application, subject to receiving the following
prior to final approval and issuance of this home occupation permit:
a) The developer providing the Development Officer with a copy of the
building/occupancy permit issued by a licensed, accredited building
inspection agency for the County of Newell.
and subject to the conditions below:
1) This permit is being granted only for the operation of aself-catering
tourist lodging facility in the existing 67 m2 self contained dwelling unit
on lands legally described as NW 7-21-13 W4M. Any additional
development, or change in use, shall require prior approval of a
separate permit application.
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April 25, 2006 Municipal Planning Commission Page 17
2) The 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.
The applicant shall be responsible for re-applying a minimum of two
months before the expiry date.
3) This use complying with:
a. Schedule C, of Land Use Bylaw #1443-03, pertaining to Home
Occupation Major, as attached.
b. the provisions of Section 79 of Land Use Bylaw #1443-03, and
amendments thereto, pertaining to the A -Agricultural District.
4) The applicant ensuring
a. this use shall not affect the agricultural use of the property or
adjacent properties in the area.
b. all outdoor garbage containers are stored in weatherproof and
animal proof containers and are covered and screened from the
public roadways.
c. the total number of off-site employees, not including the occupants
of the residence involved with the said occupation, does not exceed
two.
d. no noise, vibration, smoke, dust or odours, which may affect
adjacent landowners or development, are created from this home
occupation major.
e. adequate parking is available for this use.
f. 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.
g. there is no outside storage of goods or materials related to this
Home Occupation Permit.
MOTION CARRIED
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.
6. BUSINESS FROM MINUTES -CONTINUED
e) #05 LUA 007 - Pt. S'/z 5-19-15-W4
Dick Dick (Owner) -Division 5
April 25, 2006 ~ ~ v Municipal Planning Commission Page 18
Cory Baksa (Applicant) (Approx. 39.72 ac)
From A -Agricultural District to I -Industrial District
P-63/06 MOVED BY COUNCILLOR I. SCHROEDER 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-W4 from A -Agricultural
District to I -Industrial District; and to recommend to County Council to
provide first reading to change approximately 16.07 hectares (39.72 acres)
of land in Pt. S ~/z 5-19-15-W4 from A -Agricultural District to DC -Direct
Control District.
MOTION CARRIED
14. LAND USE CHANGES -Continued
a) #06 LUA 007 - Pt. NE 13-21-16-W4
Tammie Cage (Owner) -Division 7
Tammie Cage (Applicant) (Approx. 22.67 ac)
From A -Agricultural District to CR -Country Residential District
P-64/06 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 9.17 hectares (22.67 acres) of
land in Pt. NE 13-21-16 W4M, from A -Agricultural District to CR2 -
Country Residential 2 District.
MOTION CARRIED
A further recommendation was made that a new application number be
presented for this case due to a co-applicant withdrawing their portion of
land from the original application.
16. OTHER BUSINESS
a) Dillon Proposal for 4 Incomplete ASPs
The Commission reviewed Dillon's proposal for the 4 incomplete ASPS.
Dillon proposes 2 phases -phase one would be a review or audit of existing
draft plans; phase two would be a completion of the workscope identified in
Phase 1.
P-65/06 MOVED BY COUNCILLOR I. SCHROEDER to accept Dillon's proposal for
Phase 1, but to remove the "sole-sourced" wording from the letter so the
County is able to seek other alternatives.
MOTION CARRIED
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April 25, 2006 Municipal Planning Commission Page 19
17. POST AGENDA ITEMS
a) Re-evaluation of Planning & Development Fees
The County Planner noted that, presently, the number of applications
isn't increasing, but the complexity and demands are. Fees should
reflect this as well as the cost of increased mail-outs and discharging
caveats. The County Planner and Development Control Officer were
directed to outline their current processes regarding time spent and
costs and come up with a fee proposal.
b) General Discussion 06-05 Re: Garth & Starla Smith
The Development Officer noted that the applicants presented a revised
site plan after the Development Permit was issued, which included a
sunroom/deck that extended beyond the 7.5 m maximum rear yard
setback. The Development Officer was to grant the required 1 m
variance under Section 67(1) of the Land Use Bylaw, however
readjusting would be required. Any further variance would require
review by the Commission. Another revised site plan meets the
requirements, but a separate application must be made and the
Development Permit must be readvertised.
c) Stop Work Orders
The Development Officer informed the Commission that the applicant
has not provided the required landscaping plan and Road Approach
Agreement as approved in Development Permit #2788.
P-66/06 MOVED BY B. McKELLAR that a warning letter be sent to the applicants of
Development Permit #2788 requesting the required information be provided
within 14 days of receipt of the letter, and that a stop work order be issued
if they do not comply.
MOTION CARRIED
The Development Officer informed the Commission that the applicant
has not provided various requirements as approved in Development
Permits #2817 & #2831.
P-67/06 MOVED BY COUNCILLOR I. SCHROEDER that a warning letter be sent to
the applicants of Development Permits #2817 & #2831 requesting the
required information be provided within 14 days of receipt of the letter, and
that a stop work order be issued if they do not comply.
MOTION CARRIED
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April 25, 2006 Municipal Planning Commission Page 20
19. QUESTION PERIOD
None
20. INFORMATION ITEMS
Next MPC meeting -May 30, 2006
21. ADJOURN
P-68/06 MOVED BY COUNCILLOR I. SCHROEDER that the meeting adjourn at
3:39 p.m.
MOTION CARRIED
Q
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ADMINISTRATOR
April 25, 2006 Municipal Planning Commission Page 21