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HomeMy WebLinkAbout2023-09-07 Municipal Planning Commission (Regular) MinutesCOUNTY OF NEWELL MUNICIPAL PLANNING COMMISSION September 7, 2023 The regular Municipal Planning Commission (MPC) Meeting of the County of Newell was held in the County Office at Brooks, AB and livestreamed to the public on Thursday, September 7, 2023 commencing at 10:00 a.m. A notice was posted at the front entrance advising the public of the meeting. MEMBERS PRESENT. A. Doerksen, Reeve K. Christman, Councillor, MPC Chair H. Johnson, Councillor, MPC Vice Chair L. Kopp, Councillor G. Skriver, Councillor E. Unruh, Councillor A. Philpott, Councillor N. Johnson, Councillor A. Skanderup, Councillor D. Short, Councillor ABSENT: STAFF: M. Fenske, Chief Administrative Officer G. Tiffin, Manager of Planning, Development and Engineering Services M. Jackson, Planning and Development Supervisor S. Simpson, Development Officer S. Page, Planning and Development Administrative Assistant C. Siakaluk, Communications Officer (Moderator) M. Harbicht, Director Municipal Services OTHERS IN S. Stanway, Brooks Bulletin ATTENDANCE: B. Flood, Remedx C. Wantono, Remedx A. Hofer, Hutterian Brethren of Newell K. Johnson, Newell Regional Landfill 2 County Rate Payers 1. CALL TO ORDER The Chair called the meeting to order at 10:00 a.m. 2. EXCUSED FROM MEETING All members were in attendance at this meeting. 3. MINUTES P-47/23 MOVED BY COUNCILLOR HOLLY JOHNSON that the minutes of the August 20, 2023 Municipal Planning Commission meeting be adopted as presented. MOTION CARRIED Municipal Planning Commission September 7, 2023 4. CALL FOR POST AGENDA ITEMS The Chair called for post agenda items. 5. ADOPTION OF AGENDA P-48/23 MOVED BY COUNCILLOR AMANDA PHILPOTT that the agenda be adopted as presented. MOTION CARRIED 6. DEVELOPMENT REPORT The Development Officer presented the Development Report and there were no questions from MPC. 7. SUBDIVISIONS 7.1 Subdivision 2023-0-008 To subdivide an approximate 0.097 hectare (0.24 acre) parcel from the SE 6-20-14-W4M to be consolidated with Plan 0713952, Block 1, Lot 1 to create a 0.878 hectare (2.17 acre) parcel to rectify the encroachment of existing development on the residential parcel. The Supervisor of Planning and Development provided background information on the proposed subdivision application. Landowner was in attendance to answer questions. P-49/23 MOVED BY COUNCILLOR NEIL JOHNSON that the MPC approve, with conditions, the boundary line adjustment in the SE 6-20-14W4M by subdividing a 0.097 hectare (0.24 acre) portion from the quarter to be consolidated with Plan 0713952, Block 1, Lot 1 to create a 0.878 hectare (2.17 acre) parcel for the following reasons: 1. The proposed subdivision is consistent with the South Saskatchewan Regional Plan and complies with the County of Newell Municipal Development Plan, and the Land Use Bylaw. 2. The Subdivision Authority is satisfied that the proposed subdivision is suitable for the purpose for which the subdivision is intended pursuant to Section 7 of the Subdivision and Development Regulations. Conditions of Approval: 1. That, pursuant to Section 654(1)(d) of the Municipal Government Act, all outstanding property taxes shall be paid to the County of Newell. 2. That, pursuant to Section 655(1)b of the Municipal Government Act, the applicant enters 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 supplies copies of any utility right of way plans, easements, and/or agreements which are to be registered as a requirement for any affected Municipal Planning Commission September 7, 2023 utilities to the County prior to the subdivision's registration with Alberta Land Titles. Reserve: The proposed subdivision complies with Section 663(c) of the Municipal Government Act, being the land to be subdivided is 0.8 hectares or less, therefore Municipal Reserve in not required. MOTION CARRIED LEFT THE MEETING 1 County Rate payer left the meeting at 10:10 a.m. 7.2 Subdivision 2023-0-010 To separate the NW 15-20-17W4M into two parcels, approximately 39.26 hectares (97 acres) and 20 hectares (49.43 acres) in size that are severed from each other by the CPR rail line The Supervisor or Planning and Development provided background information on the proposed subdivision application and responded to questions from MPC. P-50/23 MOVED BY COUNCILLOR LYNETTE KOPP that the MPC approve, with conditions, the subdivision of the NW 15-20-17W4M (CoT 231 217 840) into two parcels, approximately 39.25 hectares (97 acres) and 20 hectares (49.43 acres) in size, for agricultural purposes, for the following reasons: 1. The proposed subdivision is consistent with the South Saskatchewan Regional Plan and complies with the County of Newell Municipal Development Plan, and the Land Use Bylaw. 2. The Subdivision Authority is satisfied that the proposed subdivision is suitable for the purpose for which the subdivision is intended pursuant to Section 7 of the Subdivision and Development Regulations. Conditions of Approval: 1. That, pursuant to Section 654(1)(d) of the Municipal Government Act, all outstanding property taxes shall be paid to the County of Newell. 2. That, pursuant to Section 655(1)(b) of the Municipal Government Act, the applicant enters 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 supplies copies of any utility right of way plans, easements, and/or agreements which are to be registered as a requirement for any affected utilities to the County prior to the subdivision's registration with Alberta Land Titles. Reserve: The proposed subdivision complies with Section 663(b) of the Municipal Government Act, that the created parcels are 16.0 hectares (t 40 acres) or more and are to be used only for agriculture purposes, therefore Municipal Reserve in not required. MOTION CARRIED Municipal Planning Commission September 7, 2023 8. DEVELOPMENT PERMITS 8.1 DP 2023052 - Construction and operation of a Class 2 Landfill The Development Officer provided background information on the proposed development permit. MPC inquired if there had been any further comments from landowners or referrals and the Development Officer confirmed no responses were returned from circulations. MPC inquired as to the number of loads per day that will be on the road. Manager of Planning, Development and Engineering confirmed that 10 loads per day is estimated to be the operational average. MPC inquired as to the estimated start/completion times. Representative B. Flood from Remedx advised they are still working with Alberta Environment, and they are estimating 4-6 months to complete the project, spring/summer 2024. MPC inquired about maintaining garbage on the site. The applicant responded that there would not be household/municipal garbage permitted at the landfill but there would be fencing. The Supervisor of Planning and Development suggested adding a condition to the approval regarding garbage maintenance. Remedx advised that waste will be tracked and is part of their licensing with Alberta Environment. CAO made reminder to MPC that competition is not a valid planning consideration. P-51/23 MOVED BY REEVE ARNO DOERKSEN that the Municipal Planning Commission Approve Development Permit 2023052 for the construction and operation of a Class 2 Landfill, on lands legally described as SW 4-23-18-W4. This development approval is subject to the conditions outlined below. DP 2023052 is Approved for the following reasons: 1. The proposed development complies with the Municipal Development Plan. 2. The Development Authority is satisfied that the proposed development is suitable for the purpose for which it is intended under the Industrial General District (Schedule 2) Section 3, General Regulations and Section 4, Specific Uses and Activities. as specified in the County of Newell Land Use Bylaw 2016-21. 3. Adjacent landowners and referral agencies have been notified and have the opportunity to comment. Any comments or concerns should be received by the County administration by August 31, 2023 Conditions of the approval: a) This approval is effective as of September 27, 2023 (21-day appeal period). b) The development must be located as shown on the site plan approved with the application and submitted July 14, 2023. It must be built according to the description provided with this approval. Any changes shall require the written approval of the Development Authority. c) The applicant/owner must obtain all construction permits applicable to development and is responsible to ensure all permits are closed with work complying to the building code. d) That the proposed development complies with all Federal, Provincial and Municipal statutes, regulations, codes and standards. e) That the EPEA, Environment Protection and Enhancement Act approval is obtained and submitted to the County of Newell Planning department prior to construction. f) That the applicant enters into a Development Agreement for the upgrade to the approach and submit engineered plans for the upgrade. Municipal Planning Commission September 7, 2023 g) That a security fence is installed as noted in the site plan prior to operation. h) That the following setbacks are maintained for this development Front (west): 30 m (100 ft) Side (north): 3 m (10 ft) Rear (east): 3 m (10 ft) Side (south): 30 m (100 ft) i) That the applicant must install a temporary rural address sign at the road approach to the site as soon as construction starts. The sign must display the rural address as assigned by the County in the letter that will be mailed to the applicant after the permit has been approved. No other address may be displayed on the site. The sign must remain in place and in full view until it is replaced by a County of Newell issued rural address sign. j) That all garbage and debris is maintained on the parcel. MOTION CARRIED LEFT THE MEETING B. Flood and C. Wantono and A. Hofer left the meeting at 10:22am 8.2 DP 2023063 -Approval of two Shipping Containers Development Officer provided background information on the proposed development permit. P-52/23 MOVED BY COUNCILLOR DAN SHORT that the Municipal Planning Commission APPROVE Development Permit 2023053 for the approval of a 30 m2 (320 ft2) shipping container and a 15 m2 (160 ft2) shipping container, on lands legally described as Lot 4, Block 1, Plan 7910698, NE 11-21-18 W4. This development approval is subject to the conditions outlined below. DP 2023053 is Approved for the following reasons: 1. The proposed development complies with the Municipal Development Plan. 2. The Development Authority is satisfied that the proposed development is suitable for the purpose for which it is intended under the Residential Rural District (Schedule 2) Section 3, General Regulations and Section 4, Specific Uses and Activities as specified in the County of Newell Land Use Bylaw 2016-21. 3. Adjacent landowners and referral agencies have been notified and have the opportunity to comment. Any comments or concerns should be received by the County administration by September 1, 2023. Conditions of the approval: a) This approval is effective as of September 27, 2023 (21-day appeal period). b) The development must be located as shown on the site plan approved with the application and submitted July 21, 2023. It must be built according to the description provided with this approval. Any changes shall require the written approval of the Development Authority. c) The applicant/owner must obtain all construction permits applicable to development and is responsible to ensure all permits are closed with work complying to the building code. d) That the proposed development complies with all Federal, Provincial and Municipal statutes, regulations, codes and standards Iv Municipal Planning Commission September 7, 2023 e) That the shipping container doesn't exceed 5 m (16.5 ft) in height. f) Any additional development shall require prior approval of a separate permit application. g) That the shipping container does not display advertising, names or other marketing. h) That the shipping container's appearance be consistent and compatible with nearby buildings and maintained to be compatible with the aesthetics of the surrounding area. i) That the property is not used for conducting a business or commercial operation without first obtaining the required permits. j) That the following setbacks are maintained for this development: Front (north): 6 m (20 ft) Rear (south): 3 m (10 ft) Side (east & west): 3 m (10 ft) MOTION CARRIED 8.3 DP 2023056 - Construction of an agriculture building with a breezeway attaching it to the existing agriculture building with a variance to the front yard setback. Development Officer provided background information on the proposed development permit. Landowner was available to answer questions. P-53/23 MOVED BY COUNCILLOR GREG SKRIVER that the Municipal Planning Commission APPROVE Development Permit 2023056 for the construction of a 892 m2 (9600 ft2) agriculture building with a 10 m2 (100 ft2) breezeway attaching it to the existing agriculture building with a variance to the front yard setback requirement, on lands legally described as NW 23-16-16-W4. This development approval is subject to the conditions outlined below. DP 2023056 is Approved for the following reasons: The proposed development complies with the Municipal Development Plan. 2. The Development Authority is satisfied that the proposed development is suitable for the purpose for which it is intended under the Agriculture General District (Schedule 2) Section 3, General Regulations and Section 4, Specific Uses and Activities. as specified in the County of Newell Land Use Bylaw 2016-21; except the proposed variance. 3. Adjacent landowners and referral agencies have been notified and have the opportunity to comment. Any comments or concerns should be received by the County administration by August 31, 2023 Conditions of the approval: a) This approval is effective as of September 27, 2023 (21-day appeal period). b) The development must be located as shown on the site plan approved with the application and submitted August 2, 2023. It must be built according to the description provided with this approval. Any changes shall require the written approval of the Development Authority. c) That the proposed development complies with all Federal, Provincial and Municipal statutes, regulations, codes and standards. d) The applicant/owner must obtain all construction permits applicable to development and is responsible to ensure all permits are closed with work complying to the building code. y . Municipal Planning Commission September 7, 2023 e) Any additional development shall require prior approval of a separate permit application. f) That the following setbacks are maintained for this development: Front (west): 16 m (53 ft); variance from 30 m (100 ft) Side (north): 65 m (213 ft) as per Alberta Transportation Rear (east): 6 m (20 ft) Side (south): 6 m (20 ft) MOTION CARRIED LEFT THE MEETING One County Ratepayer left the meeting at 10:26 a.m. 9. OTHER BUSINESS 10. POST AGENDA ITEMS There were no post agenda items to discuss at this meeting. 11. IN CAMERA There were no in camera items to discuss at this meeting. 12. INFORMATION ITEMS 13. QUESTION PERIOD A question period was held. No County ratepayers were in attendance. The moderator indicated that there were no questions from the public. 14. ADJOURN Being that the agenda matters have been concluded the meeting adjourned at 10:27 a.m. Signed this Zis}day of 2023. 2023. c County Ad inistrator