HomeMy WebLinkAbout2008-07-29 Municipal Planning Commission (Regular) MinutesCOUNTY OF NEWELL NO. 4
''~ MUNICIPAL PLANNING COMMISSION MEETING
7uly 29, 2008
The regular Municipal Planning Commission Meeting of the County of Newell No. 4 was
held in the County Office at Brooks, AB on Tuesday, July 29, 2008 commencing at
10:00 a.m.
MEMBERS
PRESENT: W. Daniels, Councillor
A. Eastman, Councillor
B. De]ong, Councillor
H. Wutzke, Councillor
M. Douglass, Councillor
A.M. Philipsen, Councillor
I. Schroeder, Councillor
B. McKellar, Member
STAFF: L. Kuiper, Planner - ORRSC
K. Stephenson, County Administrator
A. Wickert, Development Control Officer
D. Lester, Development Control Clerk
OTHERS IN
~,,, ATTENDANCE:
1. CALL TO ORDER
The Chairman called the meeting to order at 10:00 a.m.
2. EXCUSED FROM MEETING
P-88/08 MOVED BY COUNCILOR H. WUTZKE that Councillor Harbinson, Councillor
Andrews, Councillor Evans and S. Swenson be excused from the meeting.
MOTION CARRIED
3. MINUTES
a) June 24, 2008
P-85/08 -remove "to approve"
P-89/08 MOVED BY COUNCILLOR M. DOUGLASS that the minutes of the June 24,
2008 Municipal Planning Commission meeting be adopted as amended.
MOTION CARRIED
~';a~
4. CALL FOR POST AGENDA ITEMS
The Chairman called for post agenda items.
5. ADOPTION OF AGENDA
P-90/08 MOVED BY COUNCILLOR A. EASTMAN that the agenda be adopted as
amended.
MOTION CARRIED
6. DEVELOPMENT REPORT -.TUNE 19 - ]uLY 22. 2008
P-91/08 MOVED BY COUNCILOR B. de .70NG that the Development Report be
accepted.
MOTION CARRIED
7.
a) #2008-0-186 - NW 2-18-14-W4, Division 5
Brian & Line Koza (Owner/Applicant)
To subdivide an approximate 8.15 Acre (3.30 Hectare) parcel from a
quarter section.
The County Planner provided background information on the proposed
subdivision. No objections were filed by any agencies or adjacent land
owners. -
P-92/08 MOVED BY COUNCILLOR H. WUTZKE that the Municipal Planning
Commission APPROVE subdivision #2008-0-186, subject to the following
conditions:
1. That all outstanding property taxes shall be paid to the County of
Newell.
2. That the applicant submit to the Subdivision Authority a sketch from an
Alberta Land Surveyor that certifies the location and dimensions of the
existing buildings and the exact dimensions of the lot to be subdivided.
MOTION CARRIED
b) 2008-0-206 - SW 16-21-16-W4M, Division 7
Ed Penner (Owner/Applicant)
To subdivide an approximate 3.55 acre (1.44 hectare) vacant parcel
from a quarter section that can be considered unsubdivided.
The County Planner provided background information on the proposed
subdivision. This parcel can be considered the first parcel out of the
quarter section since the other parcel out was a cemetery. Therefore
there are no municipal reserve requirements to satisfy. No objections
were filed by any agencies or adjacent land owners.
P-93/08 MOVED BY COUNCILLOR I. SCHROEDER that the Municipal Planning
Commission APPROVE subdivision #2008-0-206, subject to the following
conditions:
1. That all outstanding property taxes shall be paid to the County of -
Newell.
July 29, 2008 Municipal Planning Commission Page 2
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2. That the applicant or owner enter into a road approach agreement this
'"" the County of Newell and any required approach or road upgrades be
constructed to the satisfaction of the County of Newell Public Works
Department prior to finalization.
3. Any conditions of Alberta Transportation shall be completed prior to
finalization.
MOTION CARRIED
c) 2008-0-219 -Lot 1, Block 1, Plan 941 0922, Ptn. NW 31-17-13-W4M,
Division 2
Tyler Jenkins & Julie Kloepper (Owner/Applicant)
To subdivide an existing 9.94 acre (4.02 hectare) parcel for country
residential use.
The County Planner provided background information on the proposed
subdivision.
P-94/08 MOVED BY COUNCILLOR A. EASTMAN that the Municipal Planning
Commission APPROVE subdivision #2008-0-219, subject to the following
conditions:
1. That the 10% reserve requirement be provided as money in place of
land on the 9.94 acres at the market value of $2,060.00 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 enter into a road approach agreement with the
.-. County of Newell and that any required approach or road upgrades be
constructed to the satisfaction of the County of Newell Public Works
Department prior to finalization.
4. That the applicant submit to the Subdivision Authority a copy of a sketch
from an Alberta Land Surveyor that certifies the location and dimensions
of the existing buildings and the exact dimensions of the lot to be
subdivided
MOTION CARRIED
8. AGRICULTURAL SUPPORT SERVICE & HOME OCCUPATION PERMITS
a) Home Occ #144 -Renewal -Lot 5, Block 1, Plan 831 1352, NE 5-
20-14-W4M, Division 8
Bern & Donna Elsbett (Owner) /Elsbett Rural Water Supply (Applicant)
Rural Water Hauling Business
The Development Control Officer provided background information on
the proposed home occupation permit renewal. Conversation followed
regarding 3-year temporary permits and whether the Board should
continue to issue only temporary permits or have the option to make
some home occupation permits permanent.
P-95/08 MOVED BY COUNCILLOR H. WUTZKE that the Municipal Planning
Commission APPROVE a renewal of Home Occupation Permit #144 as a
use that complies with the provisions of the Country Residential Land Use
District and the Home Occupation requirements pursuant to the County of
Newell Land Use Bylaw 1626-07, with a variance to allow 3 commercial
~^ vehicles to operate with the business, and subject to the following
conditions:
July 29, 2008 Municipal Planning Commission Page 3
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This permit is being granted only for the renewal of Home Occupation 2
Permit #144 (Rural Water Hauling Service), on lands legally described as
Lot 5, Block 1, Plan 831 1352, NE 5-20-14-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 Land Use Bylaw #1626-07 and amendments
thereto, pertaining to the Country Residential District and Home
Occupation - 2 requirements outlined in Schedule 13.
c) All Alberta Building Codes where applicable.
2) The developer obtaining required permits which may pertain to
electrical, heating & ventilation, gas and/or plumbing from an accredited
inspection agency and providing copies of any permits to the
Development Officer.
3) The developer obtaining a Roadside Development Permit from Alberta
Infrastructure and Transportation. A copy of this permit must be
submitted to the Development Officer.
4) The developer ensuring:
a) That this development is located as indicated on the June 11, 2008
application, subsequently approved by MPC. Any changes shall
require the written approval of the Development Officer.
b) That this use does not affect the residential use of the property or
adjacent properties and area.
c) That the total number of non-resident, part time and full time
employees involved with the said occupation, not exceed two (2),
unless required for safety reasons.
d) That no more than three (3) commercial vehicles licensed under this
business are used in conjunction with the home occupation permit.
No other commercial vehicles shall be permitted.
e) That there is no advertising or display of produce being permitted on
the property.
f) That there is no noise, vibration, smoke, dust or odours derived from
this business, which may negatively affect adjacent landowners or
development.
g) That there are adequate parking spaces available for this use:
1 per employees
1 for customers
h) That there is no contamination of soil, surface water or groundwater
from this use.
i) This permit being valid for a time period of three (3) years from the
date of approval, at which time it may be either renewed or revoked
by the Development Authority under the provisions of Land Use
Bylaw #1626-07, and amendments thereto. It is the responsibility of
the applicant to renew a minimum of two (2) months prior to its
expiration.
MOTION CARRIED
~~>~~/~~Ca7]~T~ii7J~~uM~~~
a) Permit #3222 - NW 8-23-18-W4M, Division 9
Newell Colony (Owner) /John Kleinsasser (Applicant)
Change in use of existing building for isolated light industry
July 29, 2008 Municipal Planning Commission Page 4
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The Development Control Officer provided background information on
'"" the proposed development permit. No replies from any agencies were
received.
P-96/08 MOVED BY COUNCILLOR M. DOUGLASS that the Municipal Planning
Commission APPROVE Development Permit #3222 as an isolated light
industrial use within the agricultural land use district, subject to the
following conditions:
This permit is being granted only for the change in use of an existing
building for use as an isolated light industry. This use is permitted in a
232.3 m2 (2500 ft2) portion of the existing vehicle repair shop, on lands
legally described as NW 8-23-18-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 Land Use Bylaw #1626-07, and amendments
thereto, pertaining to the Agricultural District.
c) All Alberta Building Codes where applicable.
2) The developer obtaining any required permits, which may include
electrical, heating & ventilation, gas and/or plumbing from an accredited
inspection agency and providing copies of any permits to the
Development Of>'tcer.
3) 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.
,-. 4) The developer ensuring:
a) That this development is located as shown on the site plan approved
in this application and submitted June 17, 2008. Any changes to that
plan shall require the written approval of the Development Officer.
b) That the property is not used for conducting a business or
commercial operation without first obtaining the required permits.
c) That there is no contamination of soil, surface water or groundwater
from this use.
d) That all hazardous waste materials are properly disposed of in
regulated facilities.
e) That all outdoor garbage containers are stored in weatherproof and
animal-proof containers and these containers are covered and
screened from the public roadways.
MOTION CARRIED
b) Permit #3225 -Lot 5, Block 2, Plan 014 1757, Ptn. NW 20-21-18,-
W4M, Division 6
Town of Bassano (Owner) /Ian Searle (Applicant)
Construction of an aircraft hangar with variances to 3 setbacks
The Development Control Officer provided background information on
the proposed development permit. The background information
included discussion about what other small airports do for living
quarters. The Development Control Ofhcer received information from
the Brooks Airport and the Hanna Airport. The Brooks Airport allows
living accommodations as they feel it enhances security. The Hanna
..- Airport has living accommodations in the main terminal that are
permanently rented out, however no accommodations are allowed in
July 29, 2008 Municipal Planning Commission Page 5
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hangars. The Development Control Of1=lcer contacted the Town of __
Bassano to make sure that they understood that living
accommodations were involved with this application. The Town of
Bassano Council decided that they did not want living accommodations
at the airport. The Development Control Officer contacted the
applicant and asked if he would remove the living accommodations
from the original plan, and he stated that he was willing remove the
living quarters from his building in order to get approval.
P-97/08 MOVED BY COUNCILLOR H. WUTZKE that the Municipal Planning
Commission APPROVE Development Permit #3225 as a use that meets the
terms of the provisions of the Public Service Land Use District of County of
Newell Land Use Bylaw 1626-07, with a variance to waive the setback
requirements as indicated on the applicant's drawing to accommodate the
size of hangar necessary for the applicant's airplane. The variance to the
setback requirements of the Public Service district is being given due to the
nature of airports and the buildings required to accommodate certain
airplanes. The living accommodations being applied for in the application
are not being approved. The approval is subject to the following conditions:
This permit is being granted only for the construction of a 3250 ftZ (301.9
mZ) aircraft hangar with a variance to the east side yard, west side yard and
rear yard (north) requirements, on lands legally described as Lot 5, Block 2,
Plan 0411757, NW 20-21-18 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 Land Use Bylaw #1626-07, and amendments
thereto, pertaining to the Public Service District.
c) All Alberta Building Codes where applicable.
2) The developer obtaining any required permits, which may include
electrical, heating & ventilation, gas and/or plumbing from an
accredited inspection agency and providing copies of any permits
to the Development Officer.
3) 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.
4) The developer obtaining and complying with a Private Sewage
Disposal System Permit. A copy of this permit must be submitted
to the Development Officer.
5) 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.
6) The developer ensuring:
a) That this development is located as shown on the site plan
approved in this application and submitted June 19, 2008. Any
changes to that plan shall require the written approval of the
Development Officer.
b) That the following setbacks are maintained for this
development:
Front (South) Side Rear (North)
20ft(6.1m) EastlOft(3m) 14ft(4.3m)
West 7 ft (2 m) _
July 29, 2008 Municipal Planning Commission Page 6
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c) That the design, character and appearance of the proposed
building are consistent with other buildings in the vicinity.
d) That the property is not used for conducting a business or
commercial operation without first obtaining the required
permits.
e) That an adequate supply of water is provided for domestic use.
f) That there is proper and legal access provided to the property.
g) That adequate parking space is available for this use.
h) That the site is graded so that storm water does not drain onto
adjoining properties.
i) That all construction materials, supplies and equipment are
stored on the property and not on the public roadway.
j) The continuous clean up of construction debris tracked onto
the public roadway where access is provided to the property.
k) That there is no contamination of soil, surface water or
groundwater from this use.
I) That all hazardous waste materials are properly disposed of in
regulated facilities.
m) That all outdoor garbage containers are stored in weatherproof
and animal-proof containers and these containers are covered
and screened from the public roadways.
n) That access can be provided for Emergency Services vehicles
to all sides of the building.
MOTION CARRIED
c) Permit #3226 -Lot 1, Block 1, Plan 051 1979, Ptn NW 16-18-13-
W4M, Division 2
CCS Income Trust (Owner) / 3C Information Solutions Inc. (Applicant)
Construction of a 120' communications tower
The Development Control Officer provided background information on
the proposed development permit.
P-98/08 MOVED BY COUNCILLOR B. de 70NG that the Municipal Planning
Commission APPROVE DP #3226 to permit 3C Information Solutions Inc.
to construct a 120' self-supporting communications tower at their oilfield
waste reclamation facility subject to the following conditions:
This permit is being granted only for a the construction of a 120 ft (36.6 m)
self-supporting communications tower, on lands legally described as Lot 1,
Block 1, Plan 051 1979, NW 16-18-13-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 Land Use Bylaw #1626-07, and amendments
thereto, pertaining to the Industrial District.
c) All Alberta Building Codes where applicable.
2) The developer obtaining any required permits, which may include
electrical, heating & ventilation, gas and/or plumbing from an
accredited inspection agency and providing copies of any permits
to the Development Officer
July 29, 2008 `~ Municipal Planning Commission Page 7
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3) The developer providing the Development Officer with a copy of
the construction permit issued by a licensed, accredited inspection
agency.
4) The developer ensuring:
a) That this development is located as shown on the site plan
approved in this application and submitted June 25, 2008. Any
changes to that plan shall require the written approval of the
Development Officer.
b) That all construction materials, supplies and equipment are
stored on the property and not on the public roadway.
c) The continuous clean up of construction debris tracked onto
the public roadway where access is provided to the property.
d) That there is no contamination of soil, surface water or
groundwater from this use.
e) That all hazardous waste materials are properly disposed of in
regulated facilities.
f) That all outdoor garbage containers are stored in weatherproof
and animal-proof containers and these containers are covered
and screened from the public roadways.
MOTION CARRIED
d) Permit #3228 - SE 29-21-18-W4M, Division 6
J. & S. Chizik (Owner) /Pioneer Gas Co-op Ltd., Miles Hobart
(Manager) (Applicant)
Variance to fence height
The Development Control Officer provided background information on --
the proposed development permit. Discussion followed regarding the
height of the fence required in the Public Service district of Land Use
Bylaw 1626-07.
P-99/08 MOVED BY COUNCILLOR M. DOUGLASS that the Municipal Planning
Commission APPROVE Development Permit #3228 as a proposed use that
complies with the provisions of the Agricultural Land Use District and the
Public Service District of County of Newell Land Use Bylaw 1626-07, subject
to the following conditions:
This permit is being granted only for a the construction of a 2.0 m (6.5 ft)
chain link fence surrounding the RMO owned by Pioneer Coop Ltd., on lands
legally described as SE 29-21-18 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 Land Use Bylaw #1626-07, and amendments
thereto, pertaining to the Agricultural District.
2) The developer ensuring:
a) That this development is located as shown on the site plan
approved in this application and submitted June 30, 2008. Any
changes to that plan shall require the written approval of the
Development Officer.
b) That the following setbacks are maintained for this
development:
Front (from Township Road 21-4): 21 feet (6.4 m)
July 29, 2008 Municipal Planning Commission Page 8
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c) That all construction materials, supplies and equipment are
stored on the property and not on the public roadway.
d) The continuous clean up of construction debris tracked onto
the public roadway where access is provided to the property.
e) That there is no contamination of soil, surface water or
groundwater from this use.
f) That all hazardous waste materials are properly disposed of in
regulated facilities.
MOTION DEFEATED
The Development Officer is authorized to approve permits that comply
with the Land Use Bylaw 1626-07. The applicant will need to follow the
Land Use Bylaw and the provision for the construction of a fence with a
2.5m height requirement with no variances granted. MPC asked the
Development Control Officer to ensure that the fence was being built on
the applicant's property and not on the County road allowance as that
would lead to a larger issue.
10. OTHER BUSINESS
a) MPC Members at Large
The Councillors asked the Member at Large present what his opinion
was about being a member of the Municipal Planning Commission. B.
McKellar stated that he thinks that there are pros and cons to having
all 10 Councillors on the Municipal Planning Commission. He went on
to say that pros included having representation from all of the
divisions voting on issues surrounding planning and development. The
cons involve the high number of votes diminishing the strength of the
Members at Large votes. B. McKellar also indicated that he thinks he
and S. Swenson should have laptops so that they can access all of the
same information as the Councillors. The consensus around the table
was that the Members at Large should remain part of the Municipal
Planning Commission as their opinions are valued. The Councillors
would also like the Members at Large to have laptops.
P-100/08 MOVED BY COUNCILLOR W. DANIELS that the Municipal Planning
Commission recommend to Council that the County of Newell purchase
laptops for the Members at Large of the Municipal Planning Commission.
b) ORRSC Public Hours
MOTION CARRIED
The County Planner provided an explanation as to why these phone-in
hours have been implemented. He stated that the office will still be
open at 8 a.m. but that having the phone hours start at 9 a.m. will
give his staff one hour of uninterrupted work time.
c) Proposed Industrial Subdivision - SW 3-19-14-W4M
The County Planner provided background information on the proposed
Industrial Subdivision and Area Structure Plan. He indicated that an
application has been received to subdivide 31 lots for Industrial use.
July 29, 2008 Municipal Planning Commission Page 9
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He also stated that the parcel would first have to be re-zoned to
accommodate the proposed industrial use. The County Planner
recommended that the ASP be accepted as information. Staff was
directed to write a letter to the developer indicating that the proposal
falls within the IMDP study area and that it would be in the best
interest of the developer to postpone the application until after the
IMDP is completed.
P-101/08 MOVED BY COUNCILLOR I. SCHROEDER that this Area Structure Plan be
accepted as information and that staff write a letter informing the developer
of the IMDP study taking place and advising them to postpone their
application until the IMDP is complete.
MOTION CARRIED
11. POST AGENDA
a) Permit #3096 -Extension Request -Lot 17, Block 2, Plan 061
3933, Hamlet of Rolling Hills
Dennis & Sue Wallace (Owner/Applicant)
Construction of an accessory building -variance granted for height
and size of building
The Development Control Officer provided background information on
the proposed development permit extension.
P-102/08 MOVED BY COUNCILLOR A. EASTMAN that the Municipal Planning
Commission APPROVE the extension request for Permit #3096, granting an
extension until July 29, 2009.
MOTION CARRIED
b) Provincial Draft Land Use Framework Discussion -Questions to take to
Ted Morton's Breakfast
Councillor Douglass and Councillor Philipsen are attending a breakfast
hosted by Ted Morton, Minister of Sustainable Resources to discuss the
draft Provincial Land Use Framework. The County Planner provided
some insight into the document including some concerns that he
thinks should be discussed with Ted Morton. His concerns include the
large size of the regions, the role of the advisory committees and
whether or not they will be decision making bodies or strictly advisory,
and the members of the advisory committee. Kevin Stephenson would
like to know what the plans are for involving municipalities in this
process as that hasn't happened to date. Councillor Daniels stated that
in the past regional planning commissions made decisions on behalf of
the Municipality based on recommendations from the Municipality's
Council. The County Planner reminded the Board that the regional
planning boards consisted of only one member from each Municipality,
so decisions could be influenced and sometimes changed by other
Municipalities.
c) Permit #3215 -Lot 12, Block 1, Plan 811 1737, Hamlet of Scandia
Johan Bueckert (Owner /Applicant)
Addition to existing dwelling -variance needed for side yard
July 29, 2008 Municipal Planning Commission Page 10
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'- The Development Control Officer provided background information on
the proposed development permit.
P-103/08 MOVED BY COUNCILLOR B. de ]ONG that the Municipal Planning
Commission APPROVE Development Permit #3215 and grant approval for
a side yard variance in the construction of an addition to a single unit
dwelling, subject to the following conditions:
This permit is being granted only for a the construction of a 510 ftZ (47.4
mZ) addition to an existing single unit dwelling, with a variance to the side
yard requirement, on lands legally described as Lot 12, Block 1, Plan 811
1737, Pt. NE 19-15-15-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 Land Use Bylaw #1626-07, and amendments
thereto, pertaining to the Hamlet Residential District.
c) All Alberta Building Codes where applicable.
2) The developer obtaining any required permits, which may include
electrical, heating & ventilation, gas and/or plumbing from an
accredited inspection agency and providing copies of any permits
to the Development Officer.
3) 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.
,,,._ 4) The developer ensuring:
a) That this development is located as shown on the site plan
approved in this application and submitted May 29, 2008. Any
changes to that plan shall require the written approval of the
Development Officer.
b) That the following setbacks on all sides are maintained for this
development:
Front: 20 ft (6.1 m)
Side: 5 ft (1.54 m)
Rear: 20 ft (6.1 m)
c) That the design, character and appearance of the proposed
building and addition are consistent with other buildings in the
vicinity.
d) That the property is not used for conducting a business or
commercial operation without first obtaining the required
permits.
e) That there is proper and legal access provided to the property.
g) That the site is graded so that storm water does not drain onto
adjoining properties.
h) That all construction materials, supplies and equipment are
stored on the property and not on the public roadway.
i) The continuous clean up of construction debris tracked onto
the public roadway where access is provided to the property.
j) That there is no contamination of soil, surface water or
groundwater from this use.
k) That all hazardous waste materials are properly disposed of in
regulated facilities.
July 29, 2008 Municipal Planning Commission Page 11
I) That the exterior of the proposed addition is sided with
materials the same as, or consistent with, the exterior of the
existing building.
12. IN CAMERA ITEMS
There were no in camera items.
MOTION CARRIED
13. QUESTION PERIOD
Councillor Daniels inquired about the possibility of moving the date of the
MPC meeting. Councillor Philipsen indicated that she had spoken to the
Development Control Clerk about this possibility and they decided to wait
until the County Planner returned from holidays to make any changes.
14. INFORMATION ITEMS
a) Alberta Planning Exchange Newsletter
This item was accepted as information.
15. AD.7OURN
P-104/08 MOVED BY COUNCILLOR W. DANIELS that the meeting adjourn at 11:51
a.m.
MOTION CARRIED
~r
July 29, 2008 Municipal Planning Commission Page 12