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HomeMy WebLinkAbout2006-08-01 Municipal Planning Commission (Regular) Minutes,~, COUNTY OfF NEWELL NO. 4 MUNICIPAL PLANNING COMMISSION MEETING AUGUST 1, 2006 The regulae Count pOfficenat B ooksnAB on Tuesday,fAugust 1 2006 commenc ng at held in th Y 10:05a.m. MEMBERS C. Vermeeren, Chairman PRESENT: I. Schroeder, Councillor H. Wutzke, Councillor ABSENT: B. McKellar, Member S. Swenson, Member STAFF: T. Henry, County Planner P. Urban, Development Control Officer N. Moriyama, Assistant Administrator C. Jakobsen, Administrative Secretary OTHERS IN ATTENDANCE: C. Baksa - 06 LUA 017, DP #2933 H. Philipsen - 06 NL 009 1. CALL TO ORDER Chairman Vermeeren called the meeting to order at 10:05 a.m. 2. EXCUSED FROM MEETING P-119/06 MOVED BY COUNCILLOR WUTZKE that Bruce McKellar be excused from the meeting. MOTION CARRIED ,-- ~-~ . 3. MINUTES a) June 27. 2006 P-120/06 MOVED BY COUNCILLOR SCHROEDER that the minutes of the June 27, 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-121/06 MOVED BY COUNCILLOR SCHROEDER 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 Existin4 Develooment -Creation of 14 Additional Lots The Development Officer reported that there is no new information. The Commission requested the Development Officer send a letter to the applicant requesting an update, including a timeline, of the Concept Plan. b) Plannin4 & Development Fee Review The County Planner presented the Commission with information on fees and processing costs and a cost recovery comparison chart. The Commission would like to get as close as possible to cost recovery, and then it can be discussed about addressing the enforcement of conditions of approvals. This item will be brought back to the next meeting with further information on compliance letter requests. 7. COUNCIL & S.D.A.B. REPORT No report was provided since all members of MPC were present at the last -` Council meeting. August 1, 2006 Municipal Planning Commission ~ Page 2 (j r l 8. DEVELOPMENT REPORT -TUNE 22 - 7ULY 18. 2000 P-122/06 MOVED BY COUNCILLOR SCHROEDER that the Development Report be accepted. MOTION CARRIED 9. C^RRESPONDENCE a) Letter from the City of Brooks Re: Comments on Subdivision Application File No. 2006 SUB 06 A letter from the City of Brooks requesting comments on Subdivision Application File No. 2006 SUB 06 was presented to the Commission. The Public Works and Agricultural Services have no concerns with this application. The Commission also has no concerns with this application. This letter was presented for information purposes, and the County Planner was directed to provide a response to this application. b) Town of Bassano - 6013-058.2 Subdivision ,-- A letter was received on behalf of the Town of Bassano requesting comments on Subdivision Application File No. 8013-058.2 was presented to the Commission. The Public Works and Agricultural Services have no concerns with this application. The Commission also has no concerns with this application. This letter was presented for information purposes, and the County Planner was directed to provide a response to this application RECESSED at 10:28 a.m. and RECONVENED at 10:31 a.m. Arrived at Meeting Cory Baksa arrived at the meeting at 10:32 a.m. 6. BUSINESS FROM MINUTES c) #06 LUA 017 - Pt. SE 18-21-17-W4 Scott Miller/Cory Baksa (Owner/Applicant) Division 6 (Approx. 155.92 ac) From A -Agricultural District to LI -Light Industrial District The County Planner provided further information on this application as per '^ MPC recommendation at the last MPC meeting to decrease the area for re- designation. The applicant noted the area has decreased to 46.55 acres. August 1, 2006 Municipal Planning Commission ~ f l Page 3 P-123/06 MOVED BY COUNCILLOR SCHROEDER that the Municipal Planning _ Commission recommend to County Council to provide first reading to change approximately 18.84 hectares (46.55 acres) of land in SE 18-21-17 __ W4M from A -Agricultural District to LI -Light Industrial District. MOTION CARRIED 15. SUBDIVISIONS a) #06 NL 010- Pt. S'/z 5-19-15-W4M Dick A. Dick (Owner), Cory Baksa (Applicant) Subdivision of approximately 1.78 hectares (4.38 acres) into a single DC -Direct Control lot from a larger DC parcel. P-124/06 MOVED BY COUNCILLOR WUTZKE that we recommend to County Council APPROVAL of Subdivision #06 NL 010, for the subdivision of a DC -Direct Control lot of approximately 1.78 hectares (4.38 acres), subject to 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. Caveats may be placed on title for this requirement and placement and removal of caveats will be the responsibility of the property owner. 4. The applicant entering into cross access agreements with any affected utility or pipeline owners. 5. The applicant providing municipal reserve in the form of cash-in-lieu calculated at $4,000.00 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 certil=led 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. 7. The applicant providing a copy of a private disposal septic system certificate from an accredited agency. 8. That all outstanding municipal taxes be paid prior to the endorsement. MOTION CARRIED August 1, 2006 ~. Municipal Planning Commission ~ ~ Page 4 .-- 10. DEVELOPMENT PERMITS a) Permit #2933 - NE i1-21-18-W4M (Plan 8111991, Block 4, Lot 7) - Division 6 Scott Miller (Owner), Cory Baksa (Applicant) Moved in 1985 Manufactured Home & Porch Addition, Accessory Building Construction P-125/06 MOVED BY COUNCILLOR SCHROEDER that the Municipal Planning Commission APPROVE Development Permit # 2933 and that these buildings be classified as a "Manufactured Home" being a discretionary use and an "Accessory Building" being a permitted use within the CR -Country Residential District. Approval is being granted for the placement of a 1985 moved in 107 m2 (1,152 ft.2) manufactured home with 23 mZ (240 ft.2) porch addition and the construction of a 95 m2 (1,024 ft.Z) accessory building, for general and vehicular storage, as described in this application and shown on the site plan submitted June 12, 2006 to be located on Plan 8111991 Block 4 Lot 7, 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. d) The developer entering into an agreement with the County of Newell for the installation and/or upgrade of any required road approaches to the parcel. This agreement shall, at the applicant's expense, be registered as a caveat against the lands, if required. and subject to the following conditions: 1) This permit is being granted only for the placement of a 1985 moved in 107 m2 (1,152 ft.Z) manufactured home with 23 m (240 ft.) porch addition and the construction of a 95 m2 (1,024 ft.2) accessory building, for general and vehicular storage on Plan 8111991 Block 4 Lot 7 within the NE i1-21-18 W4M. Any additional development shall require prior approval of a separate permit application. 2) The proposed development complying with: a. ali Federal, Provincial and Municipal statutes, regulations, codes and standards. b. the provisions of Section 83 of Land Use Bylaw #1443-03, and mendments thereto, pertaining to the CR -Country Residential ct. c. the Alberta Building Code where applicable. d. any concerns put for by Alberta Infrastructure and r Transportation. e. any concerns put forth by the County of Newell Public Works Department. Municipal Planning Commission ~ U w Page 5 August 1, 2006 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 that: a. the following setbacks are maintained for this development: Front Side Rear *7.5m **3 m **7.5 m * Minimum distance to be maintained from subdivision streets. ** Minimum distance to be maintained from the property lines. b. the proposed buildings are 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 manufactured home is skirted with materials the same as or consistent with the remainder of the building. d. the exterior finish of the porch addition is the same as, or consistent with the remainder of the building. e. there is a minimum 2 m (6.6 ft.) separation distance between the proposed buildings. f. the accessory building does not exceed 95 m2 (1024 ft.Z), as specified in this application. g. the accessory building walls do not exceed 2.44 m (8 ft.) in height as specified in this application. h. the accessory building does not exceed 5.5 m (18 ft.) in height. i. the accessory building is not used for living purposes. _ j. the property is not used for conducting a business or commercial operation. _ k. an adequate supply of water is provided for potable use. I. the site is graded so that storm water does not drain onto adjoining properties. m. there is proper and legal access provided to the property. n. adequate parking space is available for these uses. o. there is proper disposal of sewage and waste from this use. p. the property is maintained to the satisfaction of the Development Officer. q. construction materials, supplies and equipment are stored on the property and not on the public roadway. r. there is continuous clean up of construction debris tracked onto the public roadway where access is provided to the property. s. all outdoor garbage containers are stored in weatherproof and animal-proof containers and are covered and screened from the public roadways. t. there is no contamination of soil, surface water or groundwater from this use. MOTION CARRIED Cory Baksa left the meeting at 10:48 a.m. August i, 2006 :. Municipal Planning Commission n i / ~ Page 6 .^ b) Permit #295_ - NW 6-17-12-W4M (Plan 8811220, Block 1) - Division 2 Lyndon Wester (Owner/Applicant) Temporary Residential Unit -Existing Dwelling & Accessory Building P-126/06 MOVED BY COUNCILLOR WUTZKE that the Municipal Planning Commission APPROVE Development Permit # 2935 and that this "Dwelling Unit" be classified as a Temporary Residential Unit" being discretionary use and an "Accessory Building" being a permitted use within the A - Agricultural District. Approval is being granted for the temporary development of a 195 m2 (2,098 ft.Z) dwelling unit, for a time period of three years from the date of approval and the existing construction of a 70mZ (754 ft.2) accessory building, for general and vehicular storage as described in this application and shown on the site plan submitted November 16, 2001 on Plan 8811330 Block 1 within the NW 6-17-12 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 an approved Private Sewage Disposal System (PSDS) permit issued by a licensed, accredited agency for the installation of a private sewage disposal system. b) The developer entering into a Roadside Development Agreement with Alberta Infrastructure and Transportation, if required by Alberta Infrastructure and Transportation and providing evidence of this ~ agreement. and subject to the following conditions: 1) This permit is being granted only for the temporary development of a 195 m2 (2,098 ft.2) dwelling unit for a time period of three years from the date of approval and the existing construction of a 70 m2 (754 ft.2) accessory building, for general and vehicular storage on Plan 8811330 Block 1 within NW 6-17-12 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 & 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 that: 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 r highways. ** Minimum distance to be maintained from the property lines. Municipal Planning Commission Page 7 August 1, 2006 ~ b. the proposed buildings are 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. there is a 2 m (6.6 ft.) separation distance between the accessory building and existing buildings. d. the accessory building does exceed 70 mZ (754 ft.Z) in overall area. e. the accessory building is not used for living purposes. 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. the site is graded so that storm water does not drain onto adjoining properties. i. there is proper and legal access provided to the property. 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. the 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. there is 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. there is no contamination of soil, surface water or groundwater from this use. MOTION CARRIED c) Permit #2943 - N 32-18-15-W4M (Plan 9810148, Block 3, MHP Lot 1) -Division 5 Lavern & Joyce Rose (Owner/Applicant) Replacement Residence -New Manufactured Home P-127/06 MOVED BY COUNCILLOR WUTZKE that the Municipal Planning Commission APPROVE Development Permit # 2943 and that this replacement residence be classified as a "Manufactured Home" being a permitted use within the MHP -Manufactured Home Park District. Approval is being granted for the removal of the existing manufactured home and placement of a 2006 model, 113 m2 (1,216 ft.Z) manufactured home as described in this application and shown on the site plan submitted June 26, 2006, on Plan 9810148 Block 3, MHP Lot 1. Variance of 5.3 m (17.4 ft.) is being granted to the front yard setback requirement of Section 73, where the following are required prior to commencement of construction, final approval and issuance of this permit: August 1, 2006 Municipal Planning Commission I l Page 8 ~' ~ r^ a) The developer ensuring the existing manufactured home is removed from the property prior to commencement of this development. b) The developer providing the Development Officer with a copy of the building permit issued by a licensed, accredited building inspection agency for the County of Newell. c) The developer providing the Development Officer with written evidence from a person qualified in the installation of septic systems that the existing septic system is suitable for the land. d) The developer entering into an agreement with the County of Newell for the installation and/or upgrade of any required road approaches to the parcel. This agreement shall, at the applicant's expense, be registered as a caveat against the lands, if required. and subject to the following conditions: 1) This permit is being granted only for the removal of the existing Z manufactured home and the placement of a 2006 model, 113 m (1,216 ft.2) manufactured home on Plan 9810148 Block 3 MHP Lot 1. 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 84 of Land Use Bylaw #1443-03, and amendments thereto, pertaining to the MHP - Manufactured Home Park District. the Alberta Building Code where applicable. c ,_. . d. any concerns put for by the County of Newell Public Works , 3) Department. 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 that: the following setbacks are maintained for this development: a . Front (North) Side Rear *24.7 m **6 m ***3 m * Minimum distance to be maintained from public road as varied by the Municipal Planning Commission. ** Minimum distance to be maintained from any adjacent manufactured home pad. *** Minimum distance to be maintained from any park boundary. 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 manufactured home is skirted with materials the same as or consistent with the remainder of the building. there is not more than one manufactured home on Lot 1. d . e. the property is not used for conducting a business or commercial operation. f. an adequate supply of water is provided for potable use. - g. the site is graded so that storm water does not drain onto r - adjoining properties. h. there is proper and legal access provided to the property. August 1, 2006 Municipal Planning Commission ' / Page 9 /. i. adequate parking space is available for these uses. j. there is proper disposal of sewage and waste from this use. k. the 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. there is 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. there is no contamination of soil, surface water or groundwater from this use. MOTION CARRIED d) Permit #2944 - SW 12-21-18-W4M (Plan 8311280, Block 2, Lot 4) - Division 6 Robert & Penny Hampel (Owner/Applicant) Replacement Residence -New Manufactured Home P-128/06 MOVED BY COUNCILLOR SCHROEDER that the Municipal Planning Commission APPROVE Development Permit # 2944 and that this building be classified as a "Manufactured Home" being a discretionary use within the _ CR -Country Residential District. Approval is being granted for the removal of the existing manufactured home and the development of a new 141.2 m2 (1,520 ft.2) manufactured home as described in this application and shown on the site plan submitted June 27, 2006 on Plan 8311280 Block 2 Lot 4, 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 a Roadside Development Agreement with Alberta Infrastructure and Transportation, if required by Alberta Infrastructure and Transportation and providing evidence of this agreement. c) The developer providing the Development Officer with written evidence from a person qualified in the installation of septic systems that the proposed septic system is suitable for the land, or a copy of an approved Private Sewage Disposal System (PSDS) permit issued by a licensed, accredited agency for the installation of a private sewage disposal system. d) The developer entering into a Roadside Development Agreement with Alberta Infrastructure and Transportation, if required by Alberta Infrastructure and Transportation and providing evidence of this agreement. and subject to the following conditions: 1) This permit is being granted only for the removal of the existing manufactured home and the development of a new 141.2 m2 - (1,520 ft.z) manufactured home Plan 8311280 Block 2 Lot 4 within August 1, 2006 Municipal Planning Commission V Page 10 - ~ ~--~ the SW 12-21-18 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 83 of Land Use Bylaw #1443-03, and amendments thereto, pertaining to the CR -Country Residential District. c. the Alberta Building Code where applicable. d. any concerns put for by Alberta Infrastructure and Transportation. e. 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 that: a. the following setbacks are maintained for this development: Front Side Rear *7.5m **3 m **7.5 m * Minimum distance to be maintained from subdivision streets. ** 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 manufactured home is skirted with materials the same as or consistent with the remainder of the building. d. the existing manufactured home be removed from the property upon occupancy of the new dwelling, but not later than twelve (12) months from the date of approval. e. there is not more than one residence located on the property. f. there is a minimum 2 m (6.6 ft.) separation distance between the proposed building and existing buildings. g. the property is not used for conducting a business or commercial operation. h. an adequate supply of water is provided for potable use. i. the site is graded so that storm water does not drain onto adjoining properties. j. there is proper and legal access provided to the property. k. adequate parking space is available for these uses. I. there is proper disposal of sewage and waste from this use. 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. there is 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. Municipal Planning Commission ~ Page i l August 1, 2006 e, ~ c q. no contamination of soil, surtace water or groundwater from this use. MOTION CARRIED e) Permit #2949 - NE 8-18-14-W4M (Plan 9611587, Block 1) - Division 5 Elie & Eileen Criebardis (Owner/Applicant) Moved in 1973 Manufactured Home & Porch Addition P-129/06 MOVED BY COUNCILLOR WUTZKE that the Municipal Planning Commission APPROVE Development Permit # 2949 and that this building be classified as a "Manufactured Home" being a discretionary use within the CR - County Residential District and an "Accessory Building" being a permitted use whether this land is disturbed and that APPROVAL for the placement of a 1973 moved in 91 m2 (980 ft.Z) manufactured home, with 14.3 m2 (154 ft.Z) porch addition and the construction of a 223mZ (2,400ft.Z) arch rib accessory building for general storage, as described in this application and shown on the site plan submitted June 28, 2006 to be located on Plan 9611587, Block 1 within NE 8-18-14 W4M), where the following are required prior to commencement of construction, final approval and issuance of this permit: a) The developer providing the Development Officer with a copy of the building permit issued by a licensed, accredited building inspection agency for the County of Newell. _ b) The developer 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. d) The developer entering into an agreement with the County of Newell for the installation and/or upgrade of any required road approaches to the parcel. This agreement shall, at the applicant's expense, be registered as a caveat against the lands, if required. and subject to the following conditions: 1) This permit is being granted only for the placement of a 1973 moved in 91 m2 (980 ft.Z) manufactured home with 14.3 m2 (154 ft.Z) porch addition and a 223mZ (2,400ft.Z) arch rib accessory building for general storage to be located on Plan 9611587 Block 1 within the NE 8-18-14 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 83 of Land Use Bylaw #1443-03, and amendments thereto, pertaining to the CR -Country Residential District. c. the Alberta Building Code where applicable. August 1, 2006 Municipal Planning Commission Page 12 ~, V, ,- d. any concerns put for by Alberta Infrastructure and Transportation. e. 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 that: a. the following setbacks are maintained for this development: Front (North) Flankage Side Rear *30 m *30 m **3 m **7.5 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 manufactured home is skirted with materials the same as or consistent with the remainder of the building. d. the existing manufactured home, with porch addition, is removed from the property upon occupancy of the new building, but not later than twelve months from the date of approval. e. the exterior of the addition is sided with materials the same as, .~- or consistent with, the remainder of the building. f. the accessory building does not exceed 223 mZ (2,400 ft.Z) in area, as specified in this application. g. the accessory building does not exceed 5.18 m (17 ft.Z) in overall height, from grade, as specified in this application. h. there is a 2 m separation distance between the proposed accessory building and the principle residence. i. the accessory building is not used for living purposes. j, the property is not used for conducting a business or commercial operation. k. an adequate supply of water is provided for potable use. I. the site is graded so that storm water does not drain onto adjoining properties. m. there is proper and legal access provided to the property. n. adequate parking space is available for these uses. o. there is proper disposal of sewage and waste from this use. p. the property is maintained to the satisfaction of the Development Officer. q. construction materials, supplies and equipment are stored on the property and not on the public roadway. r. there is continuous clean up of construction debris tracked onto the public roadway where access is provided to the property. s. all outdoor garbage containers are stored in weatherproof and animal-proof containers and are covered and screened from the public roadways. t. no contamination of soil, surface water or groundwater from this '"~ use. MOTION CARRIED Municipal Planning Commission ~ ~/ Page 13 August 1, 2006 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. The County Planner updated the Commission on the Cassils Area Structure Plan (ASP). The County Planner noted that there is a slight delay on the information from residents on the testing of their water wells and there was a concern on the quality of this data from the sub-contractor of Scheffer- Andrew Ltd. It was also noted that a new time line & draft would be forth coming. 14. LAND USE CHANGES a) #06 LUA 018 - Pt. NW 34-18-14-W4M Grant Juss (Owner/Applicant) Division 5 (Approx. 37.08 ac) From A -Agricultural District to HWY C -Highway Commercial District P-130/06 MOVED BY COUNCILLOR SCHROEDER that we recommend to County Council to provide first reading to change approximately 15.01 hectares (37.08 acres) of land in NW 34-18-14 W4M from A -Agricultural District to HWY C -Highway Commercial District. MOTION CARRIED b) #06 LUA 019 - Pt. SE 20-20-13-W4M Leon Torkelson (Owner/Applicant) Division 3 (Approx. 12.07 ac) From A -Agricultural District to RUR -Rural Residential District P-131/06 MOVED BY COUNCILLOR SCHROEDER that we recommend to County Council to provide first reading to change approximately 4.88 hectares (12.07 acres) of land in SE 20-20-13 W4M from A -Agricultural District to RUR -Rural Residential District. MOTION CARRIED August 1, 2006 Municipal Planning Commission C V Page 14 r-- 15. SUBDIVISIONS -CONTINUED c) #06 NL 011- Pt. SW 18-18-14-W4M Dean & Terri Martin (Owner), Dean Martin (Applicant) Subdivision of approximately 5.33 hectares (13.17 acres) into 2 CR County Residential lots from a larger CR and A -Agricultural parcel. .•-~ P-132/06 MOVED BY COUNCILLOR WUTZKE that the Municipal Planning Commission recommend to Council APPROVAL of Subdivision #06 NL Oli, for the subdivision of approximately 5.33 hectares (13.17 acres) into 2 Country Residential lots from a larger Country Residential and Agricultural parcel, subject to 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 enteringrade aand/o rnremovalh ofe anyntrequired elroad the installation, upg approaches to the proposed and/or remnant parcels. 5. The applicant providing municipal reserve in the form of cash-in-lieu calculated at $1,774.00 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. 6. The applicant meeting all the requirements of the Eastern Irrigation District with respect to the conveyance of water as well as easements. 7. The applicant preparing a joint access agreement to be registered against the titles of the two subdivided lots, at the applicant's expense. 8. That all outstanding municipal taxes be paid prior to the endorsement. MOTION CARRIED 16. OTHER BUSINESS a) Dillon Review of 4 Incomplete ASPs The Commission reviewed Dillon's proposal for the 4 incomplete ASPS. The County Planner presented a detailed outline of the work required. P-133/06 CommDsion recommend to Cosnc IRo aDc ept D Ilion'seproposalpand proceed with Phase 2 to complete the ASPS. MOTION CARRIED August 1, 2006 Municipal Planning Commission y " Page 15 17. POST AGENDA ITEMS f) Owen's Proposed Subdivision The MPC Chairman requested information on this future application. The County Planner noted issues surrounding this proposed application, especially access issues. LUNCH The Committee RECESSED for lunch at 12:03 p.m. and RECONVENED at 1:04 p.m. 17. POST AGENDA ITEMS a) Permit #2937 - SE 28-17-13-W4M -Division 2 Claude & Deborah Mindorff (Owner), Mr. Claude Mindorff (Applicant) Moved in 1983 Manufactured Home P-134/06 MOVED BY COUNCILLOR SCHROEDER that the Municipal Planning Commission APPROVE Development Permit # 2937 and that this "Manufactured Home" be classified as a "Dwelling Unit" being discretionary use within the A -Agricultural District. Approval is being granted for the placement of a 1983 moved in 93 m2 (1,000 ft.Z) manufactured home with porch addition, as described in this application and shown on the site plan submitted June 16, 2006 on the SE 28-17-13 W4M, where the following are required prior to commencement of construction, final approval and issuance of this permit: a) The developer providing the Development Officer with a copy of the building permit issued by a licensed, accredited building inspection agency for the County of Newell. b) The developer providing the Development Off:fcer 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 an agreement with the County of Newell for the installation and/or upgrade of any required road approaches to the parcel. This agreement shall, at the applicant's expense, be registered as a caveat against the lands, if required. and subject to the following conditions: 1) This permit is being granted only for placement of a 1983 moved in 93 mz (1,000 ft.Z) manufactured home with porch addition on the SE 28- 17-13 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. August 1, 2006 Municipal Planning Commission ~ Page 16 r ,.-. d. any concerns put for 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 that: 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 roads or highway right of way. ** 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 proposed building is compatible with, or exceed the standard of, other buildings in the vicinity. c. the exterior of the addition is sided with materials the same as or consistent with the remainder of the building. d. the manufactured home is skirted with materials the same as or consistent with the remainder of the building. e. the property is not used for conducting a business or commercial operation. f. the proposed development maintains the minimum required setback from flowing gas wells or pipeline rights of way. ~ g. an adequate supply of water is provided for potable use. h. the site is graded so that storm water does not drain onto adjoining properties. i. there is proper and legal access provided to the property. 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. the 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. there is 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. there is no contamination of soil, surface water or groundwater from this use. MOTION CARRIED b) Stop Work Orders The Development Officer informed the Commission that the applicant has not provided the Building Permit as approved in Development ''~ Permit # 2839 August 1, 2006 Munlcipal Planning Commission ~/ Page 17 ~{V~ P-135/06 MOVED BY COUNCILLOR WUTZKE that a warning letter be sent to the __ applicants of Development Permit # 2839 requesting the required information be provided within 14 days of receipt of the letter, and that a stop work order be issued if necessary. MOTION CARRIED The Development Officer informed the Commission that the applicant has not provided the Building/Occupancy Permit as approved in Home Industry Major Permit #202 P-136/06 MOVED BY COUNCILLOR SCHROEDER that a warning letter be sent to the applicants of Home Industry Major Permit #202 requesting the required information be provided within 14 days of receipt of the letter, and that a stop work order be issued if necessary. MOTION CARRIED c) Crushing of old cars Chairman Vermeeren advised the Commission about the need for a suitable location to accommodate old cars. d) Unsightly premise issue -Alex Leonard SW 26-16-16-W4 Chairman Vermeeren brought this issue to the Commission's attention. The Development Officer advised, as per County policy, a letter of complaint needs to be received for future action. e) Danger and Fire Hazards of old buildings Chairman Vermeeren brought to the attention of the Commission the issue of old buildings and the hazards they create. Councillor Schroeder noted that if the Commission dealt with one particular building they would have to deal with all of the buildings. Chairman Vermeeren will bring this issue up to Council. 18. IN CAMERA ITEMS There were no in camera items. 19. QUESTION PERIOD Discussion occurred on the next scheduled meeting. It was the overall _ consensus of the Commission that the date remains unchanged and the meeting be held August 29, 2006. _w August 1, 2006 Municipal Planning Commission V Page 18 e.. -- Arrived at Meeting Harry Philipsen arrived at the meeting at 1:29 p.m. 15. ~~.;BDIVISIONS -CONTINUED b) #06 NL 009- Pt. SW 35-20-13-W4M Bertha Farms (Owner), Harry Philipsen (Applicant) Subdivision of an A -Agricultural quarter section. Possible boundary adjustment due to offsetting pivots. This has been circulated by the E.I.D., however comments have not been submitted from Robert Matoba of the E.I.D. The main issue is having land locked areas, so it has to be made sure that there is access to a road allowance. P-137/06 MOVED BY COUNCILLOR WUTZKE that the Municipal Planning Commission recommend to Council APPROVAL of Subdivision #06 NL 009, for the subdivision of approximately160.5 acres of land into two parcels of 80.66 acres and 79.84 acres to separate two half pivots on a quarter section, subject to following conditions: 1. That the south half of SW 35-20-13 be consolidated by plan to a portion of NW 26-20-13. ~^ 2. 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. 3. 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. 4. The applicant entering into an agreement with the County of Newell for the installation of any required road approaches to the proposed and/or remnant parcels. 5. That the applicant meet all the requirements of the Eastern Irrigation District with respect to the conveyance of water as well as easements. 6. The applicant entering into a Rural Water Use Purposes Agreement with the Eastern Irrigation District and providing evidence of this agreement. 7. That all outstanding municipal taxes be paid prior to the endorsement. MOTION CARRIED Harry Philipsen left meeting at 1:53 p.m. 20. INFORMATION ITEMS ~^ There were no information items. August 1, 2006 Municipal Planning Commission Page 19 ~v 21. AD]OURN P-138/06 MOVED BY COUNCILLOR SCHROEDER that the meeting adjourn at 2:00 p.m. MOTION CARRIED Q~- CHAI C~~~~~ ADMINISTRATOR August 1, 2006 Municipal Planning Commission Page 20