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HomeMy WebLinkAbout2019-10-24 Municipal Planning Commission (Regular) MinutesCOUNTY OF NEWELL MUNICIPAL PLANNING COMMISSION MEETING October 24, 2019 The regular Municipal Planning Commission Meeting of the County of Newell was held in the County Office at Brooks, AB on Thursday, October 24, 2019 commencing at 10:02 a.m. MEMBERS PRESENT: M. Douglass, Reeve C. Amulung, Councillor, M.P.C. Chair T. Fyfe, Councillor, Vice M.P.C. Chair A.M. Philipsen, Councillor H. Kallen, Councillor W. Hammergren, Councillor K. Christman, Councillor E. Unruh, Councillor B. de Jong, Councillor L. Juss, Councillor ABSENT: STAFF: OTHERS IN ATTENDANCE: 1. CALL TO ORDER K. Stephenson, CAO L. Johnson, Director of Corporate Services H. Winder, Planner, ORRSC E. Graham, Planner, ORRSC G. Tiffin, Manager Planning, Development & Engineering M. Jackson, Supervisor of Planning & Development S. Simpson, Development Clerk P. Elliott, Administrative Assistant, Planning & Development S. Stanway, Brooks Bulletin The Director of Corporate Services called the meeting to order at 10:02 a.m. 2. ELECTION OF MPC CHAIR AND VICE CHAIR The Director of Corporate Services called for nominations for the M.P. C. Chair. Councillor T. Fyfe nominated Councillor C. Amulung. The Director of Corporate Services called a second and third time for nominations for M.P. C. Chair. Councillor K. Christman moved nominations cease. MOTION CARRIED The Director of Corporate Services declared Councillor Clarence Amulung M.P. C. Chair. Municipal Planning Commission October 24, 2019 Councillor C. Amulung assumed the chair and called for nominations for M.P. C. Vice Chair. Councillor A.M. Philipsen nominated Councillor T. Fyfe. C. Amulung called a second and third time for nominations for M.P. C. Vice Chair. No further nominations were received. Councillor L. Juss moved that nominations cease. C. Amulung declared Councillor T. Fyfe M.P. C. Vice Chair. MOTION CARRIED 3. EXCUSED FROM MEETING All members were present. 4. MINUTES 4.1 October 10, 2019 Meeting Minutes P-78/19 MOVED BY REEVE MOLLY DOUGLASS that the minutes of the October 10, 2019 Municipal Planning Commission meeting be adopted as presented. MOTION CARRIED 5. CALL FOR POST AGENDA ITEMS The Chairman called for post agenda items. 6. ADOPTION OF AGENDA P-79119 MOVED BY COUNCILLOR HUBY KALLEN that the agenda be adopted as presented. MOTION CARRIED 7. DEVELOPMENT PERMITS 7.1 DP 2019078 - Lot 2, Block 4, Plan 1810168, NW 34-19-14 W4M, Approval of an existing accessory building for residential use with a variance to the setback The Development Clerk provided background information on the proposed permit application. There were no questions. P-80/19 MOVED BY COUNCILLOR LIONEL JUSS That the Municipal Planning Commission APPROVE Development Permit 2019078 for the approval for an existing 144 ft2 (13 m2) accessory building with a variance to the front yard setback, on lands legally described Page 2 of 8 Municipal Planning Commission October 24, 2019 as Lot 2, Block 4, Plan 1810168, NW 34-19-14 W4M. This development approval is subject to the conditions outlined below. DP 2019078 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 Single Lot Agricultural District (Schedule 2) and Moved -in Buildings (Schedule 4) 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 November 14, 2019 (21-day appeal period). b) The development must be located as shown on the site plan approved with the application and submitted September 18, 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) If in the future the County exercises their rights under caveat 031 349 425, registered against Lot 2, Block 4, Plan 1810168, NW 34-19-14, the owner of the parcel of land will be responsible for relocating the building at their expense. d) Any additional development shall require prior approval of a separate permit application. e) That the property is not used for conducting a business or commercial operation C-� without first obtaining the required permits. f) That the following setbacks on all sides are maintained for this development: Front (west): 10 ft (3 m); variance from 100 ft (30 m) The proposed development must comply with: a) The provisions pertaining to the Single Lot 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 7.2 DP 2019079 - Lot 1, Block 1, Plan 1910266, NW 10-17-13 W4M, Installation of a moved in dwelling, covered deck, attached garage for residential use. The Development Clerk provided background information on the proposed permit application. There were no questions. P-81/19 MOVED BY COUNCILLOR KELLY CHRISTMAN That the Municipal Planning Commission APPROVE Development Permit 2019079, for the installation of a 1602 ft2 U (148 m2) moved in dwelling, 400 ft2 (37 m2) covered deck and 441 ft2 (41 m2) attached garage on the site, on lands legally described as Lot 1, Block 1, Plan 1910266, NW 10- 17-13 W4M. This development approval is subject to the conditions outlined below. � Page 3 of 8 66` Municipal Planning Commission October 24, 2019 DP 2019079 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. Conditions of Development Approval: a) This approval is effective as of November 14, 2019 (21-day appeal period). b) The development must be located as shown on the site plan approved with the application and submitted September 16, 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 existing dwelling is removed within 12 months (November 14, 2020) of the date of this approval. g) 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. h) That the applicant install a septic tank and field or other suitable private sewage disposal treatment system to replace the existing open discharge system that cannot meet the required 300 ft (90 m) setback from the new property lines as per the Alberta Private Sewage Systems Standard of Practice 2009. i) That the following setbacks on all sides are maintained for this development: Front (north): 100 ft (30 m) Side (east & west): 25 ft (7.6 m) Rear (south): 25 ft (7.6 m) j) The developer must start construction before November 14, 2020. In the event that this date cannot be met, the developer may be required to apply for a new permit. 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 2019080 - Lot 1, Block 1, Plan 1910266, NW 10-17-13 W4M, Approval of existing Quonset and Grain bin (farm buildings) with a variance to the front setback. Page 4 of 8 Municipal Planning Commission October 24, 2019 The Development Clerk provided background information on the proposed permit application. There were no questions. P-82/19 MOVED BY REEVE MOLLY DOUGLASS That the Municipal Planning Commission APPROVE Development Permit 2019080, for the approval of an existing 2400 ft2 (223 m2) Quonset and a 283 ft2 (26.3 m2) grain bin with a variance to the front setback on the site, on lands legally described as Lot 1, Block 1, Plan 1910266, NW 10-17-13 W4M. This development approval is subject to the conditions outlined below. DP 2019080 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. Conditions of Development Approval: a) This approval is effective as of November 14, 2019 (21-day appeal period). b) The development must be located as shown on the site plan approved with the application and submitted September 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 the following setbacks on all sides are maintained for this development: Front (north): 70 ft (21 m); variance from 100 ft (30 m) Side (east & west): 25 ft (7.6 m) Rear (south): 25 ft (7.6 m) g) The developer must start construction before November 14, 2020. In the event that this date cannot be met, the developer may be required to apply for a new permit. 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 (0 . Page 5 of 8 Municipal Planning Commission October 24, 2019 7.4 DP 2019082 - SW 29-20-13 W4M, Approval of a Manufactured Home 2 as a 2nd Dwelling for residential use. The Development Clerk provided background information on the proposed permit application. Councillor A.M. Philipsen asked that since the manufactured home is already on the property, what need would there be to move it off in two years. Councillor B. de Jong commented that there had been a condition on the previous development permit that required the dwelling be moved. The Development Clerk stated that the motion for approval with conditions could exclude condition c, which is removal of the home within 2 years. MPC questioned staff about the process of enforcing a condition to remove a building from a parcel. Staff responded that we do not follow up on each condition on a Development permit but, if it was brought to our attention that a condition has not been met, we would start the enforcement process and have the landowner remove the building. The Supervisor of Planning and Development stated that if conditions are not met the applicant is in contravention of their Development Permit. There was further discussion. P-83/19 MOVED BY COUNCILLOR ANNE MARIE PHILIPSEN That the Municipal Planning l Commission APPROVE Development Permit 2019082, for the approval of a 1520 ft2 (141 m2) 2008 manufactured home 2, with a 312 ft2 (29 m2) addition and 324 ft2 (30 m2) deck as a second dwelling with a variance to the setback, on lands legally described as SW 29-20-13 W4M. This development approval is subject to the conditions outlined below. DP 2019082 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. Conditions of Development Approval: a) This approval is effective as of November 14, 2019 (21-day appeal period). b) The development must be located as shown on the site plan approved with the application and submitted September 20, 2019. Any changes shall require the written approval of the Development Authority. d) That the 1120 ft2 (104 m2) accessory building west of the dwelling be removed within 1 year (November 14, 2020) Page 6 of 8 v Municipal Planning Commission October 24, 2019 e) Any additional development shall require prior approval of a separate permit application. f) That the property is not used for conducting a business or commercial operation without first obtaining the required permits. g) That there is a 10 ft (3 m) separation distance between any other buildings or structures on the site. h) That the following setbacks on all sides are maintained for this development: Front (south): 59 ft (18 m); variance from 100 ft (30 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 7.5 DP 2019084 - SE 8-19-14 W4M, Commercial Development - Sign Installation The Development Clerk provided background information on the proposed permit application. There were no questions. P-84/19 MOVED BY COUNCILLOR LIONEL JUSS That the Municipal Planning Commission APPROVE Development Permit 2019084 for the installation of a 400 ft2 (37 m2) freestanding sign with a variance to the surface area and setback, on lands legally described as SE 8-19-14 W4M. This development approval is subject to the conditions outlined below. DP 2019084 is Approved for the following reasons: 1. The proposed development complies with both the Municipal Development Plan and the Intermunicipal Development Plan. 2. The Development Authority is satisfied that the proposed development is suitable for the purpose for which it is intended under the Rural Business 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 November 14, 2019 (21-day appeal period). b) The development must be located as shown on the site plan approved with the application and submitted September 30, 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) Contact Alberta One Call at 1-800-242-3447 prior to the excavation to locate buried utilities. Page 7 of 8 Municipal Planning Commission October 24, 2019 e) That the applicants obtain an approved Alberta Transportation permit prior to construction. f) That the sign shall not exceed 400 ftz (37 m2) in size. g) That the following setbacks on all sides are maintained for this development: Front (south): 6 ft (2 m); variance from 10 ft (3 m) Side (east): 10 ft (3 m) h) The developer must start construction before November 14, 2020. In the event that this date cannot be met, the developer may be required to apply for a new permit The proposed development must comply with: a) The provisions pertaining to the Rural Business 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 8. POST AGENDA ITEMS There were no post agenda items. 9. IN CAMERA There were no in camera items. 10. QUESTION PERIOD ll C_J 11. ADJOURN Being that the agenda matters have been concluded the meeting adjourned at 10:18 a.m. Signed by the Chairman and Director of Corporate Services this I Day of D A5l� ��/�� , 2019. rman Director of Colic to Services 0 Page 8 of 8