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