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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 1. K 3. 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 Page 2 of 9 Municipal Planning Commission December 5, 2019 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. Page 3 of 9 Municipal Planning Commission December 5, 2019 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. Page 4 of 9 Municipal Planning Commission December 5, 2019 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. Page 5 of 9 (V Municipal Planning Commission December 5, 2019 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. Page 6 of 9 Municipal Planning Commission December 5, 2019 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 Page 7 of 9 Municipal Planning Commission December 5, 2019 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 Page 8 of 9 Municipal Planning Commission December 5, 2019 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. Page 9 of 9