HomeMy WebLinkAbout2019-04-25 Municipal Planning Commission (Regular) MinutesCOUNTY OF NEWELL
MUNICIPAL PLANNING COMMISSION MEETING
April 25, 2019
The regular Municipal Planning Commission Meeting of the County of Newell was held in the
County Office at Brooks, AB on Thursday, April 25, 2019 commencing at 10:00 a.m.
MEMBERS PRESENT: M. Douglass, Reeve
C. Amulung, Councillor, M.P.C. Chair
H. Kallen, Councillor
W. Hammergren, Councillor
T. Fyfe, Councillor
K. Christman, Councillor
E. Unruh, Councillor
B. de Jong, Councillor
L. Juss, Councillor
ABSENT: A.M. Philipsen, Councillor, Vice M.P.C. Chair
STAFF: K. Stephenson, CAO
L. Johnson, Director of Corporate Services
D. Horvath, County Planner, ORRSC
A. Wickert, Manager of Planning & Development
S. Simpson, Development Clerk
E. Graham, ORRSC
A. Nielsen, Executive Assistant
OTHERS IN S. Stanway, Brooks Bulletin
ATTENDANCE: P. Dore, Ratepayer
K. Holt, Applicant - DP2019013
R. Fukuda, Applicant - DP2019017
1. CALL TO ORDER
The Chairman called the meeting to order at 10:00 a.m.
2. EXCUSED FROM MEETING
P-21/19 MOVED BY COUNCILLOR KELLY CHRISTMAN that Councillor A.M. Philipsen be
excused from the meeting.
MOTION CARRIED
3. MINUTES
3.1 April 11, 2019 Meeting Minutes
P-22119 MOVED BY COUNCILLOR MOLLY DOUGLASS that the minutes of the April 11, 2019
l Municipal Planning Commission meeting be adopted as presented.
� l MOTION CARRIED
Municipal Planning Commission
April 25, 2019
4. CALL FOR POST AGENDA ITEMS
The Chairman called for post agenda items.
5. ADOPTION OF AGENDA
P-23/19 MOVED BY COUNCILLOR HUBY KALLEN that the agenda be adopted as presented.
MOTION CARRIED
6. SUBDIVISIONS
6.1 2019-0-046 - Parcel A, Plan 4237FD & SW 1/4 3-17-13-W4M,
To reconfigure 2 existing titles by subdividing a 1.9 acre (0.77 ha) portion of
SW 1/4 3-17-13-W4M and consolidating the land to the adjacent parcel, Parcel
A, Plan 4237FD, to adjust the northern property line to accommodate a pivot.
The County Planner provided background information on the proposed subdivision
application. MPC was given the opportunity to ask questions.
P-24/19 MOVED BY COUNCILLOR WAYNE HAMMERGREN THAT the Agricultural subdivision
of Parcel A, Plan 4237FD & SW 1/4 3-17-13-W4M (Certificate of Title No. 011 017 067
+1, 011 005 206 +1) to reconfigure 2 existing titles by subdividing a 1.9 acre (0.77 ha)
portion of SW 1/4 3-17-13-W4M and consolidating the land to the adjacent parcel, Parcel
A, Plan 4237FD to adjust the northern property line to accommodate a pivot BE
APPROVED subject to the following:
CONDITIONS:
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 the subdivided portion of SW 1/4 3-17-13-W4M be consolidated with the adjacent
parcel legally known as Parcel A, Plan 4237FD in a manner such that the resulting
Certificate of Title could not be subdivided without the approval of the Subdivision
Authority.
MOTION CARRIED
6.2 2019-0-047 - NE 1/4 29-20-17-W4M,
To create one new parcel which has been fragmented by an EID canal right
of way (Plan 16521-K) by subdividing a 66.96 acre (27.10 ha) portion from the
quarter section
The County Planner provided background information on the proposed subdivision
application.
ARRIVED AT MEETING
R. Fukuda arrived at 10:09 a.m.
The County Planner provided an overview of the comments received from Alberta
Transportation and Alberta Environment & Parks. MPC was given the opportunity
to ask questions. The County Planner responded to questions from MPC,-�
indicating that the proposed subdivision meets Planning & Development policy
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Municipal Planning Commission
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requirements. She added that consolidation is not typically required for parcels of
viable agricultural land on separate quarter sections.
425/19 MOVED BY COUNCILLOR KELLY CHRISTMAN THAT the Agricultural subdivision of
NE 1/4 29-20-17-W4M (Certificate of Title No. 991 141 306 +11) to create one new parcel
which has been fragmented by an EID canal right of way (Plan 1652LK) by subdividing a
66.96 acre (27.10 ha) portion from the quarter section; BE APPROVED subject to the
following:
CONDITIONS:
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 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 any conditions of Pioneer Gas be satisfied prior to finalization.
MOTION CARRIED
6.3 2019-0-048 - NW 1/4 28-20-17-W4M,
To create one new parcel which has been fragmented by an EID canal right
of way (Plan 1652LK and Plan IRR756CO) by subdividing a 32.00 acre
(12.95 ha) portion from the quarter section
CThe County Planner provided background information on the proposed subdivision
application, requesting a waiver of Subdivision policy 14.6(c) in the Agricultural
Land Use District due to the location of the existing feedlot and surrounding
lands. MPC was given the opportunity to ask questions.
P-26/19 MOVED BY COUNCILLOR HUBY KALLEN THAT the Agricultural subdivision of
NW 1/4 28-20-17-W4M (Certificate of Title No. 991 141 306 +10), to create one new parcel
which has been fragmented by an EID canal right of way (Plan 1652LK and Plan
IRR756CO) by subdividing a 32.00 acre (12.95 ha) portion from the quarter section BE
APPROVED subject to the following:
CONDITIONS:
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 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 submit to the Subdivision Authority a copy of a sketch from an
Alberta Land Surveyor that certifies the location and dimensions to property of the
existing buildings, septic tank and field, water source and the exact dimensions of the
lot to be subdivided.
l 4. That an easement or series of easements for physical access to the new parcel, as
well as the residual parcel, via the existing Highway 1 access (both north and south of
the Highway 1) shall be provided before final approval of the subdivision to be
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registered concurrently with the final plan. A copy of the signed easement
agreement(s) is required by the Subdivision Authority.
5. That the easement(s) as required by TELUS shall be established prior to finalization
of the application and are to be registered simultaneously with the legal plan of the
subdivision.
6. That any conditions of Pioneer Gas be satisfied prior to finalization.
MOTION CARRIED
6.4 2019-0-049 - N 1/2 28-20-17-W4M,
To subdivide and consolidate two existing titles fragmented by Highway 1
and the EID Canal (Plan IRR756CO) to create three titles
The County Planner provided background information on the proposed subdivision
application, requesting a waiver of Subdivision policy 14.6(c) in the Agricultural
Land Use District due to the location of the existing feedlot and surrounding
lands. MPC was given the opportunity to ask questions. The County Planner
responded to questions regarding the structure on the property, indicating that a
survey sketch will be required to show the exact location of this structure in relation
to property boundaries.
P-27/19 MOVED BY COUNCILLOR WAYNE HAMMERGREN THAT the Agricultural subdivision
of N 1/2 28-20-17-W4M (Certificate of Title No. 991 141 603 +10), to subdivide and
consolidate two existing titles fragmented by Highway 1 and the EID Canal (Plan
IRR756CO) to create three titles; BE APPROVED subject to the following:
CONDITIONS:
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 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 easement(s) as required by TELUS shall be established prior to finalization
of the application and are to be registered simultaneously with the legal plan of the
subdivision.
4. That any conditions of Pioneer Gas be satisfied prior to finalization.
5. That the applicant submit to the Subdivision Authority a copy of a sketch from an
Alberta Land Surveyor that certifies the location and dimensions to property of the
existing buildings, septic tank and field, water source, and the exact dimensions of the
lot to be subdivided.
6. That the 3.36 acre (1.36 ha) subdivided portion of NW 1/4 28-20-17-W4M be
consolidated with the adjacent 72.18 acre (29.21 ha) subdivided parcel of the
NE 1/4 2&20-17-W4M, all located north of Highway 1, in a manner such that the
resulting Certificate of Title could not be subdivided without the approval of the
Subdivision Authority.
r
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7. That an easement or series of easements for physical access to the new parcel, as
well as the residual parcel, via the existing Highway 1 access (both north and south of
the Highway 1) shall be provided before final approval of the subdivision to be
registered concurrently with the final plan. A copy of the signed easement
agreement(s) is required by the Subdivision Authority. X.
MOTION CARRIED
6.5 2019-0-050 - NE 1/4 21-20-17-W4M & SE 1/4 28-20-17-W4M,
To create one new parcel from two existing quarter sections which have
been fragmented by an EID canal right of way (Plan IRR749CO)
The County Planner provided background information on the proposed subdivision
application. MPC was given the opportunity to ask questions. The County Planner
responded to questions regarding access, indicating that a subdivision intended
solely for agricultural purposes does not typically include road construction. A
change in land use to a residential district would trigger the requirement to build
an access road.
P-28/19 MOVED BY COUNCILLOR KELLY CHRISTMAN THAT the Agricultural subdivision of
NE 1/4 21-20-17-W4M & SE 1/4 28-20-17-W4M (Certificate of Title No. 991 141 306 +10,
991 141 306 +18) to create one new parcel from two existing quarter sections which have
been fragmented by an EID canal right of way (Plan IRR749CO) BE APPROVED subject
to the following:
CONDITIONS:
1. That, pursuant to Section 654(1)(d) of the Municipal Government Act, all outstanding
Q� 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 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 any conditions of Pioneer Gas be satisfied 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 to property of the
existing buildings, septic tank and field, water source, and the exact dimensions of the
lot to be subdivided.
5. That the 0.56 acre (0.23 ha) subdivided portion of NE 1/4 21-20-17-W4M be
consolidated with the adjacent 41.42 acre (16.76 ha) subdivided parcel of the
SE 1/4 28-20-17 in a manner such that the resulting Certificate of Title could not be
subdivided without the approval of the Subdivision Authority.
6. That an easement or series of easements for physical access to the new parcel, as
well as the residual parcel, via the existing Highway 1 access (both north and south of
the Highway 1) shall be provided before final approval of the subdivision to be
registered concurrently with the final plan. A copy of the signed easement
agreement(s) is required by the Subdivision Authority.
MOTION CARRIED
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6.6 2019-0-051 - W 1/2 22-20-17-W4M,
To create one new parcel from two existing quarter sections which have
been fragmented by an EID canal right of way (Plan IRR749CO)
The County Planner provided background information on the proposed subdivision
application. MPC was given the opportunity to ask questions. The County Planner
responded to questions regarding the road allowances that have pivots on them;
these road allowances are currently undergoing the road closure process.
P-29/19 MOVED BY COUNCILLOR TRACY FYFE THAT the Agricultural subdivision of
W 1/2 22-20-17-W4M (Certificate of Title No. 991 141 306 +20), to create one new parcel
from two existing quarter sections which have been fragmented by an EID canal right of
way (Plan IRR749CO) BE APPROVED subject to the following:
CONDITIONS:
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 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 any conditions of Pioneer Gas be satisfied prior to finalization.
4. That the 7.77 acre (3.15 ha) subdivided portion of SW 1/4 22-20-17-W4M be
consolidated with the adjacent 125.49 acre (50.78 ha) subdivided parcel of the
NW 1/4 22-20-17-W4M in a manner such that the resulting Certificate of Title could
not be subdivided without the approval of the Subdivision Authority.
5. That an easement or series of easements for physical access to the new parcel, as
well as the residual parcel, via the existing Highway 1 access (both north and south of
the Highway 1) shall be provided before final approval of the subdivision to be
registered concurrently with the final plan. A copy of the signed easement
agreement(s) is required by the Subdivision Authority.
MOTION CARRIED
6.7 2019-0-052 - SE 1/4 22-20-17-W4M,
To create one new parcel which has been fragmented by an EID canal right
of way (Plan IRR749CO) by subdividing a 70.12 acre (28.38 ha) portion from
the quarter section
The County Planner provided background information on the proposed subdivision
application. MPC was given the opportunity to ask questions.
P-30/19 MOVED BY REEVE MOLLY DOUGLASS THAT the Agricultural subdivision of
SE 1/4 22-20-17-W4M (Certificate of Title No. 991 141 306 +10), to create one new parcel
which has been fragmented by an EID canal right of way (Plan IRR749CO) by subdividing
a 70.12 acre (28.38 ha) portion from the quarter section BE APPROVED subject to the
following:
CONDITIONS:
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.
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2. That, pursuant to Section 655(1)(b) of the Municipal Government Act, 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 any conditions of Pioneer Gas be satisfied prior to finalization.
MOTION CARRIED
The County Planner responded to questions from Council regarding subdivision
applications 2019-0-047 through 2019-0-052 as a whole.
7. DEVELOPMENT PERMITS
7.1 DP 2019013 - Lot 12, Block 3, Plan 8210258, Rolling Hills,
Construction of a detached garage with variance to size and height
The Development Clerk provided background information on the proposed permit
application. The applicant responded to questions from MPC, indicating that the
loft portion of the building will be used for starting plants for her garden.
P-31/19 MOVED BY COUNCILLOR LIONEL JUSS That the Municipal Planning Commission
APPROVE Development Permit 2019013 for the construction of a 754 ft2 (70 m2)
detached garage with a variance to the size and height on lands legally described as Lot
12, Block 3, Plan 8210258, Hamlet of Rolling Hills. This development approval is subject
1 to the conditions outlined below.
DP 2019013 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 Hamlet Residential District (Schedule 2)
as specified in the County of Newell Land Use Bylaw 1892-17.
3. No objections have been received from adjacent landowners or referral agencies with
respect to the proposed development.
Conditions of Development Approval
a. This approval is effective as of May 16, 2019 (21-day appeal period).
b. The development must be located as shown on the site plan approved with the
application and submitted March 14, 2019. It must be built according to the description
provided with this approval. Any changes shall require the written approval of the
Development Authority.
c. Any additional development shall require prior approval of a separate permit
application.
d. That there is a 10 ft (3 m) separation distance between the new building and any other
buildings or structures on the parcel.
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e. That any dwelling/structure is located a minimum distance of 3 m (10 ft) from any right
of way or easement on the parcel.
f. That the proposed garage is not used for living purposes.
g. That the property is not used for conducting a business or commercial operation
without first obtaining the required permits.
h. That the proposed detached garage is no larger than 754 ft2 (70 m2) and 23 ft (7m) in
height.
That the following setbacks on all sides are maintained for this development:
Side (north & south): 5 ft (1.5 m)
Rear (west): 5 ft (1.5 m)
j. That the developer must start construction before May 16, 2020. In the event that this
date cannot be met, the developer must apply for an extension and may be required
to apply for a new permit.
The proposed development must comply with:
a. The provisions pertaining to the Hamlet Residential District and all relevant schedules,
as outlined in the County of Newell Land Use Bylaw 1892-17.
b. All Federal, Provincial and Municipal statutes, regulations, codes and standards.
All Alberta Building Codes and Safety Codes, where applicable.
MOTION CARRIED
7.2 DP 2019014 - Lot 2, Block 1, Plan 1411232, SE 28-23-18 W4M,
Construction of a replacement school
The Development Clerk provided background information on the proposed permit
application. The Development Clerk responded to questions from MPC, indicating
that the school building is owned by the Colony, not the school division.
P-32/19 MOVED BY COUNCILLOR ELLEN UNRUH That the Municipal Planning Commission
APPROVE Development Permit 2019014, for the construction of a new 11550 ft2
(1073 m2) school to replace the existing school on the site, on lands legally described as
Lot 2, Block 1, Plan 1411232, SE 28-23-18-W4M. This development approval is subject
to the conditions outlined below.
DP 2019014 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 Agricultural District (Schedule 2) and
Standards of Development (Schedule 3) as specified in the County of Newell Land
Use Bylaw 1892-17.
3. No objections have been received from adjacent landowners or referral agencies with
respect to the proposed development. 1
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Conditions of Development Approval:
a. This approval is effective as of May 16, 2019 (21-day appeal period).
b. The development must be located as shown on the site plan approved with the
application and submitted March 19, 2019. It must be built according to the description
provided with this approval. Any changes shall require the written approval of the
Development Authority.
c. Any additional development shall require prior approval of a separate permit
application.
d. That the property is not used for conducting a business or commercial operation
without first obtaining the required permits.
e. That there is a 10 ft (3 m) separation distance between the new dwelling and any other
buildings or structures on the site.
f. That any dwelling/structure is located a minimum distance of 100 m (328 ft) from any
gas or oil well site, operating or abandoned, on or adjacent to the property.
g. The developer must start construction before May 16, 2020. In the event that this date
cannot be met, the developer may be required to apply for a new permit.
h. That the following setbacks on all sides are maintained for this development:
Front (west):
100 ft (30 m)
Side (south):
100 ft (30 m)
Rear (east):
100 ft (30 m)
Side (north):
25 ft (7.6 m)
The proposed development must comply with:
a. The provisions pertaining to the Agriculture District and all relevant schedules, as
outlined in the County of Newell Land Use Bylaw 1892-17.
b. All Federal, Provincial and Municipal statutes, regulations, codes and standards.
c. All Alberta Building Codes and Safety Codes, where applicable.
MOTION CARRIED
7.3 DP 2019017 - Lot 1, Block 1, Plan 1711105, SE 27-20-12-W4M,
Installation of a moved in dwelling, attached garage and deck
The Development Clerk provided background information on the proposed permit
application. The applicant was present to respond to questions.
P-33/19 MOVED BY COUNCILLOR TRACY FYFE That the Municipal Planning Commission
APPROVE Development Permit 2019017, for the installation of a 1140 ft2 (106 m2)
moved in dwelling, 576 ft2 (54 m2) attached garage and 100 ft2 (9.3 m2) deck on lands
legally described as Lot 1, Blk 1, Plan 1711105, SE 27-20-12-W4M. This development
approval is subject to the conditions outlined below.
1 DP 2019017 is Approved for the following reasons:
J 1. The proposed development complies with the Municipal Development Plan.
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2. The Development Authority is satisfied that the proposed development is suitable for
the purpose for which it is intended under the Agricultural District (Schedule 2) and
Standards of Development (Schedule 3) as specified in the County of Newell Land
Use Bylaw 1892-17.
3. No objections have been received from adjacent landowners or referral agencies with
respect to the proposed development.
Conditions of Development Approval:
a. This approval is effective as of May 16, 2019 (21-day appeal period).
b. The development must be located as shown on the site plan approved with the
application and submitted March 25, 2019. It must be built according to the description
provided with this approval. Any changes shall require the written approval of the
Development Authority.
c. Any additional development shall require prior approval of a separate permit
application.
d. That the property is not used for conducting a business or commercial operation
without first obtaining the required permits.
e. That there is a 10 ft (3 m) separation distance between the new dwelling and any other
buildings or structures on the site.
f. That the developer shall provide a $5000.00 security deposit, as the minimum required
amount under County Land Use Bylaw 1892-17. Once the development has passed
inspection by the County Safety Codes Officer (SCO), the security deposit will be
refunded.
g. The developer must start construction before May 16, 2020. In the event that this date
cannot be met, the developer may be required to apply for a new permit.
h. That the following setbacks on all sides are maintained for this development:
Front (south): 100 ft (30 m)
Side (east & west): 25 ft (7.6 m)
Rear (north): 25 ft (7.6 m)
The proposed development must comply with:
a. The provisions pertaining to the Agriculture District and all relevant schedules, as
outlined in the County of Newell Land Use Bylaw 1892-17.
b. All Federal, Provincial and Municipal statutes, regulations, codes and standards.
c. All Alberta Building Codes and Safety Codes, where applicable.
MOTION CARRIED
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LEFT THE MEETING
R. Fukuda left the meeting at 10:51 a.m.
8. OTHER BUSINESS
There was no other business to discuss at this meeting.
9. POST AGENDA ITEMS
There were no post agenda items.
10. IN CAMERA
There were no in camera items.
11. INFORMATION ITEMS
There were no information items.
12. QUESTION PERIOD
A question period was held.
13. ADJOURN
Being that the agenda matters have been concluded the meeting adjourned at 10:51 a.m.
Signed by the Chairman and Director of Corporate Services this Day of
Pf-- 12019.
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