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HomeMy WebLinkAbout2007-08-28 Municipal Planning Commission (Regular) Minutes%--~ COUNTY OF NEWELL NO. 4 MUNICIPAL PLANNING COMMISSION MEETING August 28, 2007 The regular Municipal Planning Commission Meeting of the County of Newell No. 4 was held in the County Office at Brooks, AB on Tuesday, August 28, 2007 commencing at 10:00 a.m. MEMBERS PRESENT: C. Vermeeren, Chairman W. Daniels, Councillor I. Schroeder, Councillor A.M. Philipsen, Councillor S. Evans, Councillor A. Eastman, Councillor A. Eckert, Councillor M. Douglass, Councillor H. Wutzke, Councillor B. McKellar, Member S. Swenson, Member STAFF: R. Roycroft, Development Control Officer D. Horvath, Planner - ORRSC N. Moriyama, Chief Administrative Officer D. Sutter, Administrative Secretary OTHERS IN ATTENDANCE: Cory Baksa #2007-0-289 Aron Giesbrecht DP #3110 & #3120 Viktor & Marina Petker DP #3115 Bob Cromwell DP #3119 1. CALL TO ORDER The Chairman called the meeting to order at 10:00 a.m. 2. EXCUSED FROM MEETING P-106/07 MOVED BY COUNCILLOR A. ECKERT that Councillor M. Nesbitt be excused from the meeting. MOTION CARRIED 3. MINUTES a) July 31, 2007 P-107/07 MOVED BY COUNCILLOR A.M PHILIPSEN that the minutes of the July ,-- 31, 2007 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-108/07 MOVED BY COUNCILLOR A. EASTMAN that the agenda be adopted as amended. MOTION CARRIED 6. BUSINESS FROM MINUTES a) Permit #2818 - Pt. SW 5-18-14-W4M Elizabeth Redelback, Janet Mapes, Ron Redelback (Owners) Ron Redelback (Applicant) Legalize Existing Development -Creation of 14 Additional Lots The Commission reviewed a letter regarding the Headgates Subdivision in Pt. SW 5-18-14-W4M. The Development Officer informed the Commission that progress is being made and that Mr. Strom will have more information for MPC next month. 7. COUNCIL & S.D.A.B. REPORT The Chairman provided this report to the Commission. The Chairman inquired about possibly enforcing a policy that only allows one recess. The County Planner informed the Commission that the S.D.A. B. is separate from Council and that they would need to implement that policy on their own. Arrived at Meeting Ms. Baksa arrived at 10:18 a.m. 6. BUSINESS FROM MINUTES b) #2007-0-289 - Pt. SW 1-19-14-W4M R.C. Baksa Stores Ltd. (Owner/Applicant) To subdivide an approximate 21.47 hectare (53.05 acre) parcel from a titled area of 49.89 hectare (123 acres) to create two parcels for Mobile Home Park use, two country residential parcels, two public utility lots, and a residual agricultural parcel The County Planner provided the Commission with the updated information of the proposed subdivision. The applicant asked Commission if the municipal reserve from lot 2 could be deferred, however the Commission decided that the municipal reserve would be collected at the time of subdivision. Concerns regarding the utilities being separate from the Mobile Home Park were also discussed. ``~-, August 28, 2007 Municipal Planning Commission Page 2 ~- P-109/07 MOVED BY COUNCILLOR M. DOUGLASS that the Municipal Planning Commission APPROVE the subdivision as presented MOTION DEFEATED P-110/07 MOVED BY B. McKELLAR that the Municipal Planning Commission APPROVE subdivision #2007-0-289 subject to the following conditions: 1. The 10% reserve requirement, pursuant to Sections 666 and 667 of the Municipal Government Act, be provided as money in place of land on the 53.05 acres at the market value of $3,459.00 per acre with the actual acreage and amount to be paid to the County of Newell No. 4 be determined at the final stage. 2. That all outstanding property taxes shall be paid to the County of Newell. 3. That the applicant or owner or both enter into a Development Agreement with the County of Newell which shall be registered concurrently with the final plan against the title(s) being created. The Development Agreement may make reference to the provision of servicing, drainage and grading plans, roads, landscaping, etc., and any other matter the County deems necessary. 4. That the number of parcels approved is reduced to three (3), as proposed Block 1, Block 2, and Block 3, 4 and 5 be combined to create one large parcel~v~h~encompasses the entire developed manufactured home park. ~tlp, ~~ MOTION CARRIED Ms. Baksa left the meeting at 10:35 a.m. c) Land Use Bylaw The County Planner discussed the amendments to the draft prior to 3~d and final reading. Issues discussed included granny suites, defining "may" and "shall", 2"d residences, defining what a hamlet is, and the number of Agricultural parcels allowed per quarter section. Housekeeping issues included removing Hamlet Uses #2 from page 64, and changing "Calgary Health Authority" to "Palliser Health Authority" on pages 23 and 25. The Public Hearing is scheduled to take place during the Council meeting on September 20, 2007. 10. SUBDIVISIONS a) #2007-0-304 - SW 29-21-17-W4M Maxine Chizik (Owner/Applicant) To subdivide a previously unsubdivided quarter section for rural residential use by subdividing a 26.87 hectare (66.40 acre) portion of SW 29-21-17-W4M The County Planner provided background information on the proposed subdivision. ~Y~ August 28, 2007 Municipal Planning Commission Page 3 P-111/07 MOVED BY COUNCILLOR S. EVANS that the Municipal Planning Commission APPROVE subdivision #2007-0-304, subject to the following conditions: 1. That all outstanding property taxes be paid to the County of Newell. 2. That the applicant or owner or both enter into a Development Agreement with the County of Newell which shall be registered concurrently with the final plan against the title(s) being created. 3. That the applicant to the Subdivision Authority a copy of a tentative subdivision sketch from an Alberta Land Surveyor that certifies the location of the existing building and the exact dimensions of the lots to be subdivided. 4. That the easement(s) as required by FortisAlberta shall be established prior to finalization of the application. MOTION CARRIED 16. POST AGENDA a) ORRSC Board Meeting Invitation The County Planner invited MPC to attend the ORRSC quarterly board meeting. A member from Council will be appointed to the ORRSC board. P-112/07 MOVED BY A.M. PHILIPSEN that the Chairman attend the function as a representation of Council. MOTION CARRIED D. Horvath left the meeting at 11:30 a.m. 8. DEVELOPMENT REPORT - 7ULY 23 -AUGUST 20, 2007 P-113/07 MOVED BY COUNCILLOR I. SCHROEDER that the Development Report be accepted. MOTION CARRIED 9. CORRESPONDENCE There was no correspondence to be presented at this meeting. 11. AGRICULTURAL SUPPORT SERVICE PERMITS There were no new Agricultural Support Service Permits to review. 12. STATUTORY PLANS -NEW & AMENDMENTS There were no new Statutory Plans to review. August 28, 2007 Municipal Planning Commission Page 4 ~- 13. DEVELOPMENT PERMITS a) Permit #3107 - Pt. NW 12-21-16-W4M Rudy & Lori Lepp (Owner/Applicant) Addition to existing residence in agricultural district The Development Control Officer provided background information on the proposed development permit. P-114/07 MOVED BY COUNCILLOR C. VERMEEREN that the Municipal Planning Commission APPROVE Development Permit # 3107 and grant approval for the construction of 107.8m2 (1160ft2) of additions to an existing home, being an attached sunroom and a garage, 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: This permit is being granted only for the construction of 107.8m2 (1160ft2) of additions to an existing home, being an attached sunroom and a garage on lands described Ptn. NW-12-21-16-W4. Any additional development shall require prior approval of a separate permit application. 1) 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 County Of Newell Public Works Department. e. any concerns put forth by the Eastern Irrigation District. f. Any concerns put forth by the various oil & gas companies. 2) The developer ensuring: a. the following setbacks are maintained for this development: Front Side Rear 30.0 m (from roadway) 3.0 m 3.0 m b. the proposed structure is consistent with the purpose of the land use district and that the design, character and appearance of the proposed structure is compatible with, or exceed the standard of, other buildings in the vicinity. c. site is graded so that storm water does not drain onto adjoining properties. d. the property is not used for conducting a business or commercial operation without first applying for the required permits. e. adequate supply of water is provided for potable use. f. there is proper and legal access provided to the property. g. the property is maintained to the satisfaction of the Development Officer. h. 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. August 28, 2007 Municipal Planning Commission Page 5 j. all outdoor garbage containers are stored in weatherproof and animal- proof containers and are covered and screened from the public roadways. k. no contamination of soil, surface water or groundwater from this use. MOTION CARRIED b) Permit #3109 -Plan 8210258, Block 2, Lot 6, Hamlet of Rolling Hills Alexander Darmanin (Owner/Applicant) Manufactured home in Hamlet Mobile Home Residential District The Development Control Officer provided background information on the proposed development permit, and provided clarification on the performance bond and the building inspection. P-115/07 MOVED BY COUNCILLOR H. WUTZKE that the Municipal Planning Commission APPROVE Development Permit # 3109 and grant approval for the installation of a 1978 model 89.2mZ (960 ftZ) manufactured home, 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 occupancy permit issued by a licensed, accredited building inspection agency for the County of Newell. b) The developer providing the County of Newell with an irrevocable letter of credit, or other form of security to the satisfaction of the municipality, in the amount of $2.500.00 to ensure that the requirements of the following conditions are met: 1) this development is complete as specified, with upgrades and/or new siding within one year from the date of approval. 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: This permit is being granted only for the installation of a 1978 model 89.2m2 (960 ft2) manufactured home, on lands described as Lot 6, Block 2, Plan 821 0258. Any additional development shall require prior approval of a separate permit application. 1) The proposed development complying with: a. all Federal, Provincial and Municipal statutes, regulations, codes and standards. b. the provisions of Section 87 of Land Use Bylaw #1443-03, and amendments thereto, pertaining to the HMH -Hamlet Manufactured Home Residential District. c. The provisions of Schedule F of Land Use Bylaw #1443-0, and amendments thereto, pertaining to Moved-In Buildings. d. the Alberta Building Code where applicable. e. any concerns put forth by the County Of Newell Public Works Department. f. any concerns put forth by the Eastern Irrigation District. g. Any concerns put forth by the various oil & gas companies. 2) The developer ensuring: a. the following setbacks are maintained for this development: August 28, 2007 Municipal Planning Commission Page 6 Front Side Rear 5.0 m (from roadway) * 1.5 m 3.0 m *The side yard on which a main door is located shall be increased to 3.6m b. the proposed structure is consistent with the purpose of the land use district and that the design, character and appearance of the proposed structure is compatible with, or exceed the standard of, other buildings in the vicinity. c. site is graded so that storm water does not drain onto adjoining properties. d. the property is not used for conducting a business or commercial operation without first applying for the required permits. e. adequate supply of water is provided for potable use. f. there is proper and legal access provided to the property. g. the property is maintained to the satisfaction of the Development Officer. h. 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. j. all outdoor garbage containers are stored in weatherproof and animal- proof containers and are covered and screened from the public roadways. k. no contamination of soil, surface water or groundwater from this use. I. All required renovations or repairs shall be completed within 1 year of installation. e) Permit #3111 - SE 36-19-14-W4M, Division 10 Robert Olson (Owner/Applicant) Residence in Agricultural District MOTION CARRIED The Development Control Officer provided background information on the proposed development permit. Concerns regarding the distance of the home from the wellhead and the ownership of the approach were discussed. P-116/07 MOVED BY COUNCILLOR H. WUTZKE that Municipal Planning Commission grant approval for the installation of a 1997 model 118.9 mz (1280 ftZ) mobile home, 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 evidence of an agreement with the operator of the well on the property to locate the residence with the 100m EUB setback c) The developer providing the Development Officer with a copy of an approved Private Sewage Disposal System (PSDS) permit issued by a licensed, accredited agency for the installation of a private sewage disposal system. d) (if required) The developer entering into an agreement with the County of Newell for the installation and/or upgrade of any required road August 28, 2007 Municipal Planning Commission Page 7 approaches to the parcel. This agreement shall, at the applicant's expense, be registered as a caveat against the lands, if required. Department. e. any concerns put forth by the Eastern Irrigation District. f. Any concerns put forth by the various oil & gas companies. 2) The developer ensuring: a. the following setbacks are maintained for this development: Front Side Rear 30.0 m (from roadway) 3.0 m 3.0 m 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. site is graded so that storm water does not drain onto adjoining properties. d. the property is not used for conducting a business or commercial operation without first applying for the required permits. e. adequate supply of water is provided for potable use. f. there is proper and legal access provided to the property. g. the property is maintained to the satisfaction of the Development Officer. h. 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. j. all outdoor garbage containers are stored in weatherproof and animal- proof containers and are covered and screened from the public roadways. k. no contamination of soil, surface water or groundwater from this use. And subject to the following conditions: This permit is being granted only for the installation of a 1997 model 118.9 m2 (1280 ft2) mobile home on lands described SE-36-19-14-W4. Any additional development shall require prior approval of a separate permit application. 1) 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 County Of Newell Public Works MOTION CARRIED ugust 28, 2007 f) Permit #3113 - Pt. SW 11-21-14-W4M, Plan 8110018, Block A, Division 8 Gene Libke (Owner/Applicant) Addition to an existing residence in an Agricultural District The Development Control Officer provided background information on the proposed development permit. Municipal Planning Commission Page 8 P-117/07 MOVED BY COUNCILLOR A. ECKERT that the Municipal Planning Commission APPROVE Development Permit # 3113 and grant approval for the construction of a 33.4m2 (360 ftZ) addition to an existing home, 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 construction of a 33.4m2 (360 ft2) addition to an existing home on lands described Block A, Plan 811 0018 - Ptn. SW-11-21-14-W4. 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 the County Of Newell Public Works Department. e. any concerns put forth by the Eastern Irrigation District. f. Any concerns put forth by the various oil & gas companies. 3) The developer ensuring: a. the following setbacks are maintained for this development: Front Side Rear 30.0 m (from roadway) 3.0 m 3.0 m b. the proposed structure is consistent with the purpose of the land use district and that the design, character and appearance of the proposed structure is compatible with, or exceed the standard of, other buildings in the vicinity. c. site is graded so that storm water does not drain onto adjoining properties. d. the property is not used for conducting a business or commercial operation without first applying for the required permits. e. adequate supply of water is provided for potable use. f. there is proper and legal access provided to the property. g. the property is maintained to the satisfaction of the Development Officer. h. 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. j. all outdoor garbage containers are stored in weatherproof and animal- proof containers and are covered and screened from the public roadways. k. no contamination of soil, surface water or groundwater from this use. MOTION CARRIED ~~~ August 28, 2007 Municipal Planning Commission Page 9 LUNCH The Committee RECESSED for lunch at 11:53 a.m. and RECONVENED at 12:58 p.m. Arrived at Meeting Mr. Giesbrecht arrived at 1:15 p.m. c) Permit #3110 -Plan 9811171, Block 1, Lot 1, Division 1 - Pt. NE 31- 15-13-W4M Oasis Trailer Manufacturing (Owner) / Aron Giesbrecht (Applicant) Temporary Shop The Development Control Officer provided background information on the proposed development permit. Issues discussed included entering into an approach agreement with EnCana, and whether or not the structure is actually going to be temporary or not. The applicant stated that the building will be used temporarily for manufacturing and then will be used for other purposes once the permanent shop is built. P-118/07 MOVED BY B. McKELLAR that the Municipal Planning Commission APPROVE Development Permit # 3110. The County has previously approved use of this parcel for light manufacturing, and this approval of this application will allow the applicant to continue operating his business while permanent structures are being constructed. Granting this permit will be a continuation of previous county policy for the parcel. The Development Officer recommends that the Municipal Planning Commission grant a development permit for the construction of a 445.9mz (4800 ftz) shop, as a component of a light manufacturing facility, 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 Alberta Infrastructure and Transportation for the installation and/or upgrade of any required road approaches to the parcel. (if required) c) The developer entering into a Roadside Development Agreement with Alberta Infrastructure and Transportation, if required by Alberta Infrastructure and Transportation and providing evidence of this agreement. d) The developer proving the Development Officer with evidence demonstrating that a water supply, for fire protection, has been provided in proximity to the property that is to the satisfaction of the Rolling Hills Fire Department. And subject to the following conditions: This permit is being granted only for the construction of a 445.9m2 (4800 ftz) shop as a component of a light manufacturing facility, on lands described as Lot 1, Block 1, Plan 981 1171, NE 31-15-13 W4M. Any additional development shall require prior approval of a separate permit application. August 28, 2007 Municipal Planning Commission Page 10 ,~- 1) 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 HWY C -Highway Commercial District. c. the Alberta Building Code where applicable. d. any concerns put forth by the County Of Newell Public Works Department. e. any concerns put forth by Alberta Infrastructure and Transportation. f. Any concerns put forth by the various oil & gas companies. 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. 2) The developer ensuring: a. the following setbacks are maintained for this development: Front Side Rear *7.5 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. adequate supply of water is provided for potable use. 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. 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. j. continuous clean up of construction debris tracked onto the public roadway where access is provided to the property. 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. MOTION CARRIED d) Permit #3120 -Plan 9811171, Block 1, Lot 1, Division 1 - Pt. NE 31- 15-13-W4M Oasis Trailer Manufacturing (Owner) / Aron Giesbrecht (Applicant) Light manufacturing facility and office trailer The Development Control Officer provided background information on the proposed development permit. August 28, 2007 Municipal Planning Commission Page 11 P-119/07 MOVED BY COUNCILLOR I. SCHROEDER that the Municipal Planning Commission APPROVE Development Permit #3120. The County has previously approved use of this parcel for light manufacturing, and this approval of this application will allow the applicant to construct new, purpose-built facilities which will be larger and safer than previous structures on the site. Granting this permit will be a continuation of previous county policy for the parcel. The Development Officer recommends that the Municipal Planning Commission grant a development permit for the installation of an office trailer and a shop, as components of a light manufacturing facility, 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 an agreement with Alberta Infrastructure and Transportation for the installation and/or upgrade of any required road approaches to the parcel. (if required) d) The developer entering into a Roadside Development Agreement with Alberta Infrastructure and Transportation, if required by Alberta Infrastructure and Transportation and providing evidence of this agreement. e) Prior to installation, the Developer providing the Development Officer with a plan for modifying the manufactured home in such a way that it is suitable for office use, and no longer suitable for long term habitation. f) The developer proving the Development Officer with evidence demonstrating that a water supply, for fire protection, has been provided in proximity to the property that is to the satisfaction of the Rolling Hills Fire Department. And subject to the following conditions: This permit is being granted only for construction of a a 743.2m2 (8000ft2) shop and installation of an office trailer, as part of a light manufacturing facility, on lands described as Lot 1, Block 1, Plan 981 1171, NE 31-15-13 W4M. Any additional development shall require prior approval of a separate permit application. 1) 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 HWY C -Highway Commercial District. c. the Alberta Building Code where applicable. d. any concerns put forth by the County Of Newell Public Works Department. e. any concerns put forth by Alberta Infrastructure and Transportation. f. Any concerns put forth by the various oil & gas companies. The developer obtaining, and complying with, all other required permits including electrical, heating & ventilation, gas and plumbing from an August 28, 2007 Municipal Planning Commission Page 12 accredited inspection agency and providing copies of the applicable permits to the Development Officer. 2) The developer ensuring: a. the following setbacks are maintained for this development: Front Side Rear *7.5 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. adequate supply of water is provided for potable use. 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. 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. j. continuous clean up of construction debris tracked onto the public roadway where access is provided to the property. ,.- 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. modifications to the manufactured home being completed within 60 days of installation. MOTION CARRIED Mr. Giesbrecht left the meeting at 1:36 p.m. h) Permit #3116 -Plan 7811389, Block 1, Lot 5, Hamlet of Scandia Ben & Helena Fehr (Owner/Applicant) Manufactured home in Hamlet Mobile Home Residential District The Development Control Officer provided background information on the proposed development permit. The Scandia Advisory Committee stated that they have no concerns as long as the siding is upgraded. Issues discussed included whether or not the performance bond is large enough to ensure that any repairs deemed necessary after the building inspection are completed. P-120/07 MOVED BY COUNCILLOR H. WUTZKE that the Municipal Planning Commission APPROVE Development Permit #3116 and grant approval for ,_.. the installation of a 1984 model 113.0 mz (1216 ftZ) manufactured home, where the following are required prior to commencement of construction, final approval and issuance of this permit: August 28, 2007 Municipal Planning Commission Page 13 a) The developer providing the Development Officer with a copy of an occupancy permit issued by a licensed, accredited building inspection agency for the County of Newell. b) The developer providing the County of Newell with an irrevocable letter of credit, or other form of security to the satisfaction of the municipality, in the amount of $2,500.00 to ensure that the requirements of the following conditions are met: 1) This development is complete as specified, with upgrades and/or new siding within one year from the date of approval. 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: This permit is being granted only for the installation of a 1984 model 113.0 m2 (1216 ft2) manufactured home, on lands described as Lot 5, Block 1, Plan 781 1389. Any additional development shall require prior approval of a separate permit application. 1) The proposed development complying with: a. all Federal, Provincial and Municipal statutes, regulations, codes and standards. b. the provisions of Section 87 of Land Use Bylaw #1443-03, and amendments thereto, pertaining to the HMH -Hamlet Manufactured Home Residential District. c. The provisions of Schedule F of Land Use Bylaw #1443-0, and amendments thereto, pertaining to Moved-In Buildings. d. the Alberta Building Code where applicable. e. any concerns put forth by the County Of Newell Public Works Department. f. any concerns put forth by the Eastern Irrigation District. g. Any concerns put forth by the various oil & gas companies. 2) The developer ensuring: a. the following setbacks are maintained for this development: Front Side Rear 5.0 m (from roadway) * 1.5 m 3.0 m *The side yard on which a main door is located shall be increased to 3.6m b. the proposed structure is consistent with the purpose of the land use district and that the design, character and appearance of the proposed structure is compatible with, or exceed the standard of, other buildings in the vicinity. c. site is graded so that storm water does not drain onto adjoining properties. d. the property is not used for conducting a business or commercial operation without first applying for the required permits. e. adequate supply of water is provided for potable use. f. there is proper and legal access provided to the property. g. the property is maintained to the satisfaction of the Development Officer. h. 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. August 28, 2007 Municipal Planning Commission Page 14 j. all outdoor garbage containers are stored in weatherproof and animal- proof containers and are covered and screened from the public roadways. k. no contamination of soil, I. All required renovations installation. surface water or groundwater from this use. or repairs shall be completed within 1 year of MOTION CARRIED Arrived at Meeting Mr. and Mrs. Petker arrived at 1:48 p.m. g) Permit #3115 - Pt. SW 5-21-15-W4M, Division 7 Viktor & Marina Petker (Owner/Applicant) Residence for hired hand in Agricultural District The Development Control Officer provided background information on the proposed development permit. P-121/07 MOVED BY COUNCILLOR A. EASTMAN that the Municipal Planning Commission APPROVE Development Permit # 3115 for the following reasons: • Section 55(1)(a) explicitly states that a second dwelling be considered ,- as part of an agricultural operation larger than 80 acres. The applicant is an active farmer and intends to use the existing home for a hired hand, meeting the requirements of the bylaw. Therefore, the Development Officer recommends that MPC grant approval for the construction of a new 165.1 m2 (1777 ft2) single family residence, 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: This permit is being granted only for the construction of a new 165.1 m2 (1777 ft2) single family residence on lands described SW-5-21-15-W4. Any additional development shall require prior approval of a separate permit application. 1) 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 August 28, 2007 Municipal Planning Commission Page 15 amendments thereto, pertaining to the A -Agricultural District. c. the Alberta Building Code where applicable. d. any concerns put forth by the County Of Newell Public Works Department. e. any concerns put forth by the Eastern Irrigation District. f. Any concerns put forth by the various oil & gas companies. 2) The developer ensuring: a. the following setbacks are maintained for this development: Front Side Rear 30.0 m (from roadway) 3.0 m 3.0 m 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. site is graded so that storm water does not drain onto adjoining properties. d. the property is not used for conducting a business or commercial operation without first applying for the required permits. e. adequate supply of water is provided for potable use. f. there is proper and legal access provided to the property. g. the property is maintained to the satisfaction of the Development Officer. h. 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. j. all outdoor garbage containers are stored in weatherproof and animal- "- proof containers and are covered and screened from the public ---- roadways. k. no contamination of soil, surface water or groundwater from this use. MOTION CARRIED Mr. and Mrs. Petker left the meeting at 1:52 p.m. j) Permit #3121 - Pt. NW 25-18-15-W4M, Plan 0710915, Block 1, Lot 2 Joy & Monty Busse (Owner/Applicant) Dwelling, attached garage and detached garage The Development Control Officer provided background information on the proposed development permit. Alta Link has concerns regarding the distance of the power line to the proposed development. Commission asked that the applicant be made aware of the safety concerns of being so close a high voltage power line. Ownership of the approach was also discussed. P-122/07 August 28, 20Q7 MOVED BY COUNCILLOR I. SCHROEDER that the Municipal Planning Commission APPROVE Development Permit # 3121, and grant a permit for the construction of a 130.imz (1400 ft2) single family dwelling with attached garage, and a 78.Om2 (840 ft2) accessory building, with a variance of 5.9m to the front yard setback. Section 14(4)(a) allows the MPC to waive or vary any development standards so long as that waiver would not unduly Municipal Planning Commission Page 16 ~- interfere with the use, enjoyment or value of neighboring properties, which this variance would not do. Approval should be granted subject to the conditions listed below. 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 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: This permit is being granted only for the grant a permit for the construction of a 130.1m2 (1400 ft2) single family dwelling with attached garage, and a 78.Om2 (840 ft2) accessory building, with a variance of 5.9m to the front yard setback on land described as Lot 2, Block 1, Plan 071 0915 - Ptn. NW- 25-18-15-W4. Any additional development shall require prior approval of a separate permit application. 1) 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 forth by the County Of Newell Public Works Department. e. any concerns put forth by the Eastern Irrigation District. f. any concerns put forth by FortisAlberta g. any concerns put forth by Atco Gas h. any concerns put forth by Telus i. any concerns put forth by Altalink Management 2) The developer ensuring: a. the following setbacks are maintained for this development: Front (West) Side Rear 24.1m 3.Om 7.5m 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. site is graded so that storm water does not drain onto adjoining properties. d. the property is not used for conducting a business or commercial operation without first obtaining the required permits. e. there is proper and legal access provided 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 August 28, 2007 Municipal Planning Commission Page 17 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. j. no contamination of soil, surface water or groundwater from this use. MOTION CARRIED Arrived at Meeting Mr. Cromwell arrived at 2:04 p.m. i) Permit #3119 -Plan 9411167, Block 6, Marina Lot, Pt. E 1-18-15- W4M, Division 5 K300 Financial Corporation (Owner) / Jeet Shergill (Applicant) Move in dwelling to replace existing marina office -Marina Clubhouse The Development Control Officer provided background information on the proposed development permit. Mr. Cromwell provided additional information regarding the details of the proposed permit. P-123/07 MOVED BY COUNCILLOR M. DOUGLASS that the Municipal Planning Commission APPROVE Development Permit # 3119. The facility will be a marked improvement on what is currently on the site, and fits within the intent of the Resort Commercial District. The Development Officer recommends that the Municipal Planning Commission grant a development permit for the installation of a 127.2m2 (1369 ftz) moved in residence with attached decks as a Marina Clubhouse, whose ancillary uses may include Marina Office, Restaurant and Retail Establishment, 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 installation of a 127.2m2 (1369 ftZ) moved in residence with attached decks as a Marina Clubhouse, whose ancillary uses may include Marina Office, Restaurant and Retail Establishment on lands described as Marina Lot, Block 6, Plan 941 1167, Ptn. E-1-18-15-W4. 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 92 of Land Use Bylaw #1443-03, and amendments thereto, pertaining to the RC- Resort Commercial District. c. the Alberta Building Code where applicable. d. any concerns put forth by the County Of Newell Public Works Department. e. any concerns put forth by the Eastern Irrigation District f. Any concerns put forth by the various oil & gas companies. August 28, 2007 Municipal Planning Commission Page 18 !"' 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 Side Rear *7.5 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. adequate supply of water is provided for potable use. 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. 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. ~- j. continuous clean up of construction debris tracked onto the public roadway where access is provided to the property. 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. Mr. Cromwell left the meeting at 2:07 p.m. MOTION CARRIED k) Permit #3122 -Plan 7410502, Block 2, Lot 10, Hamlet of Rolling Hills Kerry Bodnar (Owner) / Krinke Law Office (Applicant) Approval of existing sheds The Development Control Officer provided background information on the proposed development permit. Since the buildings were built before any Land Use Bylaw existed to mandate them, and are not causing any interference in the neighborhood, the buildings will not have to be relocated. Commission decided that a refund should be given to the applicant. P-124/07 MOVED BY COUNCILLOR A.M. PHILIPSEN that the Municipal Planning Commission APPROVE Development Permit # 3122 and refund the applicant. As much as these are considerable variances, the structures are ,,_. quite old, and may predate county land use controls. It is felt that because they are not causing undue interference to the neighbourhood, then there is no sense in forcing the applicant to remove them. August 28, 2007 Municipal Planning Commission ~~ ge 19 Therefore, the Development Officers recommends MPC grant a permit far the existing construction of the three accessory buildings, and grant a variances of 1.68m to the rear setback for Shed A, 0.93m to the rear setback for Shed B, and variances of 1.17m to the rear and 1.34 m to the side setbacks for Shed C. And subject to the following conditions: This permit is being granted only for the existing construction of the three accessory buildings, and grant a variances of 1.68m to the rear setback for Shed A, 0.93m to the rear setback for Shed B, and variances of 1.17m to the rear and 1.34 m to the side setbacks for Shed C on lands described as Lot 10, Block 2, Plan 741 0502. Any additional development shall require prior approval of a separate permit application. 1) The proposed development complying with: a. all Federal, Provincial and Municipal statutes, regulations, codes and standards. b. the provisions of Section 86 of Land Use Bylaw #1443-03, and amendments thereto, pertaining to the HR - Country Residential District. c. the Alberta Building Code where applicable. d. any concerns put forth by the County Of Newell Public Works Department. e. any concerns put forth by Alberta Infrastructure and Transportation f. any concerns put forth by the Eastern Irrigation District. 2) The developer ensuring: a. the following setbacks are maintained for this development: Front Side Rear 7.5 m Per MPC Per MPC b. the accessory buildings are consistent with the purpose of the land use district and that the design, character and appearance of the proposed buildings is compatible with, or exceed the standard of, other buildings in the vicinity. c. site is graded so that storm water does not drain onto adjoining properties. d. the property is not used for conducting a business or commercial operation. e. adequate supply of water is provided for potable use. f. there is proper and legal access provided to the property. g. the property is maintained to the satisfaction of the Development Officer. h. 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. j. all outdoor garbage containers are stored in weatherproof and animal- proof containers and are covered and screened from the public roadways. MOTION CARRIED I) Permit #3123 -Plan 0610268, Block A, Lot 12, Pt. SW 3-19-15-W4M, Division 5 Janet & Shawn Bryant (Owner/Applicant) Installed RV as a "Grandpa Suite" August 28, 2007 Municipal Planning Commission Page 20 The Development Control Officer provided background information on the proposed development permit. P-125/07 MOVED BY B. McKELLAR that the Municipal Planning Commission REJECT Development Permit # 3123 based on Section 55 of the Land Use Bylaw, which states: No person shall construct or locate, or cause to be constructed or located, more than 1 dwelling unit on a parcel except under 1 of the following conditions (...), and Section 68(7), which states: A recreational vehicle parked on a lot in any district shall not be used for permanent Irving or sleeping accommodation. a) That the recreational vehicle be moved 3.0 m (9.8 ft) within the applicants property line, and evidence of this being presented to the Development Officer And subject to the following conditions: This permit is being granted only for the temporary installation of a recreational vehicle with patio on lands described as Lot 12, Block A, Plan 061 0268. Any additional development shall require prior approval of a separate permit application. 1) 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 forth by the County Of Newell Public Works Department. e. any concerns put forth by the Eastern Irrigation District. 2) The developer ensuring: a. the following setbacks are maintained for this development: Front (west) Side Rear *7.5m 3m 7.Sm *Minimum yard distance from subdivision streets or service roads. b. the proposed structure 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. site is graded so that storm water does not drain onto adjoining properties. d. the property is not used for conducting a business or commercial operation. e. adequate supply of water is provided for potable use. f. there is proper and legal access provided to the property. g. the property is maintained to the satisfaction of the Development Officer. h. 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. j. all outdoor garbage containers are stored in weatherproof and animal- ~ proof containers and are covered and screened from the public roadways. k. no contamination of soil, surface water or groundwater from this use. August 28, 2007 Municipal Planning Commission Page 21 I. That the owner remove the recreational vehicle within three years of the date of final approval or re-apply for new temporary development permit for the second dwelling unit on his property. MOTION CARRIED 14. HOME OCCUPATION/HOME INDUSTRY PERMITS There were no Statutory Plans to review. 15. OTHER BUSINESS There were no other business items. 17. IN CAMERA ITEMS There were no in camera items. 18. QUESTION PERIOD Councillor Schroeder inquired about the distribution of minutes to the Members at Large. The administrative secretary will distribute the minutes from MPC and Council to the Members at Large. 19. INFORMATION ITEMS None 20. ADJOURN P-126/07 MOVED BY COUNCILLOR A.M. PHILIPSEN that the meeting adjourn at 2:36 p.m. MOTION CARRIED ~~.--~ CHAIRMAN /~ / ~ _ r ADMINISTRATOR August 28, 2007 Municipal Planning Commission Page 22