HomeMy WebLinkAbout2019-12-05 Municipal Planning Commission (Regular) MinutesCOUNTY OF NEWELL
MUNICIPAL PLANNING COMMISSION MEETING
December 5, 2019
The regular Municipal Planning Commission Meeting of the County of Newell was held in the
County Office at Brooks, AB on Thursday, December 5, 2019 commencing at 10:01 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
STAFF: K. Stephenson, CAO
L. Johnson, Director of Corporate Services
H. Winder, County Planner, ORRSC
E. Graham, County Planner, ORRSC
G. Tiffin, Manager of Planning, Development & Engineering
M. Jackson, Supervisor of Planning & Development
S. Simpson, Development Clerk
A. Nielsen, Executive Assistant
OTHERS IN S. Stanway, Brooks Bulletin
ATTENDANCE: T. Mayan - DP 2019088
L. Retzlaff - DP 2019090 & DP 2019091
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P-93119
CALL TO ORDER
The Chairman called the meeting to order at 10:01 a.m.
EXCUSED FROM MEETING
All members were present.
MINUTES
3.1 November 21, 2019 Meeting Minutes
MOVED BY COUNCILLOR LIONEL JUSS that the minutes of the November 21, 2019
Municipal Planning Commission meeting be adopted as presented.
MOTION CARRIED
Municipal Planning Commission
December 5, 2019
4. CALL FOR POST AGENDA ITEMS
The Chairman called for post agenda items.
5. ADOPTION OF AGENDA
P-94/19 MOVED BY COUNCILLOR KELLY CHRISTMAN that the agenda be adopted as.
presented.
MOTION CARRIED
6. SUBDIVISIONS
6.1 2019-0-123 - Area A, Plan 9712203, NW'/419-17-12-W4M,
To create one new parcel which has been fragmented by a separate title (Lot
1, Block 16, Plan 1011152) by subdividing a 0.28 acre (0.115 ha) portion from
the existing title
The County Planner provided background information on the proposed subdivision
application and responded to questions from the Municipal Planning Commission
regarding the purpose of this subdivision, the easement requirement, and the
reserve.
P-95119 MOVED BY COUNCILLOR LIONEL JUSS THAT the Public Service subdivision of
Area A, Plan 9712203 within NW % 19-17-12-W4M (Certificate of Title No. 131 329 771
+4), to create one new parcel which has been fragmented by a separate title (Lot 1, Block
16, Plan 1011152) by subdividing a 0.28 acre (0.115 ha) portion from the existing title; BE
APPROVED subject to the following:
RESERVE:
The 10% reserve requirement, pursuant to Sections 661 and 666 of the Municipal
Government Act, be provided as money in lieu of land on the 15.86 acres at market value
of $4,000 per acre (approximately $6,344.00) with the actual acreage and amount to be
paid to the County of Newell be determined at the final stage, for Municipal Reserve
purposes.
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 an access easement for legal access through Lot 1, Block 16, Plan 1011152 to
Area A, Plan 9712203 within NW Y419-17-12-W4M shall be provided for the proposed
parcel before final approval of the subdivision. A copy of the signed easement
agreement is required by the Subdivision Authority.
4. That legal access be established for the residual parcel either by the provision of an
access easement through Lot 1, Block 16, Plan 1011152, or by the use of the existing
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access from road plan 1353EZ upon consolidation of residual parcel with the
SW % 19-17-12-W4M.
MOTION CARRIED
7. DEVELOPMENT PERMITS
7.1 DP 2019088 — Home Occupation 2
Lot 1, Block 19, Plan 0413384, NE 1-21-16 W4M,
Operation of a Mobile Wild game trimming and processing business
The Development Clerk provided background information on the proposed permit
application. The applicant provided information on the business and responded to
questions regarding the number of current employees and future growth
potential. The County Planner responded to questions regarding the procedure to
address increased traffic and intensification, if this occurs in the future. Discussion
followed and the Municipal Planning Commission requested that the number of
non-resident employees be increased from 2 residential employees to 5 non-
residential employees. The applicant and the Development Clerk responded to
further questions. It was noted that to increase the number of employees up to 5
would require the application to be considered as a Home Occupation 3 Permit.
P-96/19 MOVED BY COUNCILLOR ANNE MARIE PHILIPSEN That the Municipal Planning
Commission APPROVE application 2019088 as a Home Occupation 3 to operate a mobile
wildlife trimming and finishing business, on lands legally described as Lot 1, Block 19,
Plan 0413384, NE 1-21-16 W4M. This development approval is subject to the conditions
outlined below.
DP 2019088 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), Standards of Development (Schedule 3) and Home Occupations (Schedule 4
Section 9), 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 December 27, 2019 (21-day appeal period).
b) That there are no more than 5 non-resident employees involved in the operation of
this business.
c) That any intensification of use must be reported to the Development Officer;
intensification of use may require re-evaluation of the permit and other further action.
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.
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b) All Federal, Provincial and Municipal statutes, regulations, codes and standards.
c) All Alberta Building Codes and Safety Codes, where applicable.
MOTION CARRIED
LEFT THE MEETING
T. Mayan left the meeting at 10:26 a.m.
7.2 DP 2019089 - Lot 4, Block 1, Plan 8910771, NW 33-19-14 W4M,
Installation of a RTM dwelling with attached garage and deck for residential
use
The Development Clerk provided background information on the proposed permit
application. There were no questions.
P-97/19 MOVED BY COUNCILLOR TRACY FYFE That the Municipal Planning Commission
APPROVE Development Permit 2019089, for the installation of 1815 ft2 (169 m2)
previously lived in RTM dwelling, attached 720 ft2 (67 m2) garage and 500 ft2 (46 m2) deck,
on lands legally described as Lot 4, Block 1, Plan 8910771, NW 33-19-14 W4M. This
development approval is subject to the conditions outlined below.
DP 2019089 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 Acreage Residential District (Schedule
2) and Standards of Development (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 December 27, 2019 (21-day appeal period). The
development must be located as shown on the site plan approved with the application
and submitted November 7, 2019. It must be built according to the description provided
with this approval. Any changes shall require the written approval of the Development
Authority.
b) Any additional development shall require prior approval of a separate permit
application.
c) That the applicant submit a $5000 security deposit to be refunded once all the
construction permits have been obtained and approved.
d) That the property is not used for conducting a business or commercial operation
without first obtaining the required permits.
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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 following setbacks are maintained for this development:
Front (west): 50 ft (15.2 m)
Side (north & south): 25 ft (7.6 m)
Rear (east): 25 ft (7.6m)
g) That the developer must start construction before December 27, 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 Acreage 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.
c) All Alberta Building Codes and Safety Codes, where applicable.
MOTION CARRIED
7.3 DP 2019090 - NE 36-20-16 W4M,
Approval of existing agriculture structure with a variance to the setback
The Development Clerk provided background information on the proposed permit
application. The applicant was present to respond to questions. Discussion
followed regarding the setbacks. The Development Clerk indicated that there is
no record of the structures being built 15 years ago, but agricultural buildings would
not have required a permit. The Manager of Planning, Development & Engineering
responded to questions, indicating that landowners must be made aware that
setback requirements outlined in the Land Use Bylaw apply regardless of whether
a Development Permit is required. In this case, he indicated that he was not aware
of any past issues resulting from the proximity of the structures to the
road. Discussion followed. The Chief Administrative Officer suggested requiring
all structures to go through the permitting process with no charge for agricultural
structures. The applicant provided further background information.
P-98/19 MOVED BY COUNCILLOR ELLEN UNRUH That the Municipal Planning Commission
APPROVE Development Permit 2019090, for the existing 2400 ft2 (223 m2) animal shelter
with a variance to the setback on lands legally described as NE 36-20-16 W4M. This
development approval is subject to the conditions outlined below.
DP 2019090 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 Fringe District (Schedule 2) and
Standards of Development (Schedule 3) as specified in the County of Newell Land
Use Bylaw 1892-17.
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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 December 27, 2019 (21-day appeal period).
b) The proposed development does not encroach on any Rights -of -Way or Easements
on the parcel.
c) Any additional development shall require prior approval of a separate permit
application.
d) If, in the future, the County requires the structure to be relocated due to road widening,
drainage or any other operational reason, it will be done at the landowner's expense.
e) That the following setbacks on all sides are maintained for this development:
Front (north): 9 ft (2.8m); variance from 100 ft (30 m)
The proposed development must comply with:
a) The provisions pertaining to the Fringe 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
7.4 DP 2019091 - NE 36-20-16 W4M,
Approval of existing agriculture shop and three shipping containers with a
variance to the setback
The Development Clerk provided background information on the proposed permit
application. The applicant was present to respond to questions. There were no
questions.
P-99/19 MOVED BY REEVE MOLLY DOUGLASS That the Municipal Planning Commission
APPROVE Development Permit 2019091, for the existing 3200 ft2 (297 m2) shop and
three 424 ft2 (39 m2) shipping containers with a variance to the setback on lands legally
described as NE 36-20-16 W4M. This development approval is subject to the conditions
outlined below.
DP 2019091 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 Fringe District (Schedule 2) and
Standards of Development (Schedule 3) as specified in the County of Newell Land
Use Bylaw 1892-17.
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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 December 27, 2019 (21-day appeal period).
b) The proposed development does not encroach on any Rights -of -Way or Easements
on the parcel.
c) Any additional development shall require prior approval of a separate permit
application.
d) That the following setbacks on all sides are maintained for this development:
Side (east): 50 ft (15 m); variance from 100 ft (30 m)
The proposed development must comply with:
a) The provisions pertaining to the Fringe 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
LEFT THE MEETING
L. Retzlaff left the meeting at 10:44 a.m.
7.5 DP 2019092 - Lot 3, Block 1, Plan 0212472, NE 31-20-14 W4M,
Approval of existing Single Family Dwelling, deck and detached garage
The Development Clerk provided background information on the proposed permit
application. There were no questions.
P-100/19 MOVED BY COUNCILLOR BRIAN DE JONG That the Municipal Planning Commission
APPROVE Development Permit 2019092, for the approval of an existing 1530 ft2 (142 m2)
single family dwelling with attached 740 ft2 (69 m2) deck and 1080 ft2 (100 m2) detached
garage with a variance to the setback, on lands legally described as Lot 3, Block 1, Plan
0212472, NE 31-20-14 W4M. This development approval is subject to the conditions
outlined below.
DP 2019092 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 Acreage Residential District (Schedule
2) and Standards of Development (Schedule 4) as specified in the County of Newell
Land Use Bylaw 1892-17. (�4
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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 December 27, 2019 (21 day appeal period). The
development must be located as shown on the site plan approved with the application
and submitted November 12, 2019. It must be built according to the description
provided with this approval. Any changes shall require the written approval of the
Development Authority.
b) Any additional development shall require prior approval of a separate permit
application.
c) That the property is not used for conducting a business or commercial operation
without first obtaining the required permits.
d) The 280 ft2 (26 m2) shed located south of the parcel on the EID right of way must be
relocated on the parcel and Development Permit obtained from the County of Newell
or be removed.
e) That the following setbacks are maintained for this development:
Front (north):
100 ft (30 m)
Side (west):
17 ft (5.2 m); variance from 25 ft (7.6 m)
Rear (south):
19 ft (5.6 m); variance from 25 ft (7.6 m)
The proposed development must comply with:
a) The provisions pertaining to the Acreage 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.
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
A question period was held.
Discussion followed regarding educating ratepayers on Land Use Bylaw
requirements. The County Planner provided further information, indicating that stop
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orders can be issued for non -compliant development and that ratepayers should be made
aware of this as well. Further discussion occurred regarding requiring permits for all
development. The Supervisor of Planning & Development indicated that the Planning &
Development Department is working to streamline the process and developing
educational materials for ratepayers.
11. ADJOURN
Being that the agenda matters have been concluded the meeting adjourned at 10:55 a.m.
Signed by the Chairman and Director of Corporate Services this _)_L_ Day of
_7h 6GE/N,EC—,e , 2019.
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