HomeMy WebLinkAbout2014-08-07 Municipal Planning Commission (Regular) MinutesCounty of Newell
MUNICIPAL PLANNING COMMISSION MEETING
August 7, 2014
The regular Municipal Planning Commission Meeting of the County of Newell was held in the
County Office at Brooks, AB on Thursday, August 7, 2014 commencing at 10:00 a.m.
MEMBERS PRESENT: M. Douglass, Councillor
A.M. Philipsen, Councillor & M.P.C. Chair
L. Juss, Councillor, Vice M.P.C. Chair
G. Simpson, Councillor
B. de Jong, Councillor
C. Amulung, Councillor
W. Hammergren, Councillor
K. Christman, Councillor
T. Fyfe, Councillor
E. Unruh, Councillor
ABSENT:
STAFF: K. Stephenson, CAO
L. Johnson, Director of Corporate Services
D. Horvath, Planner - ORRSC
A. Wickert, Manager of Planning & Development
S. Simpson, Development Clerk
P. Elliott, Administrative Assistant Planning
OTHERS IN S. Stanway, Brooks Bulletin
ATTENDANCE: M. Dumont, Brooks & County Chronicle
J. Kuefler, Applicant
B. Kuefler, Applicant
1. CALL TO ORDER
The Chairman called the meeting to order at 10: 00 a. m.
2. EXCUSED FROM MEETIG
All members were present.
3. MINUTES
a) July 24, 2014 Meeting Minutes
P 76/14 MOVED BY COUNCILLOR M. DOUGLASS that the minutes of the July 24, 2014
Municipal Planning Commission meeting be adopted as presented.
4. CALL FOR POST AGENDA ITEMS
MOTION CARRIED
The Chairman called for post agenda items.
5. ADOPTION OF AGENDA
P 77/14 MOVED BY COUNCILLOR G. SIMPSON that the agenda be adopted as
presented.
MOTION CARRIED
6. S.D.A.B. REPORT
a) DP 3839 Decision
The County Planner provided background and updated information on the S.
D. A. B. decision.
The County Planner reported that the S. D.A. B upheld the M.P. C. decision.
Councillor B. de Jong inquired about the next step in the process. The
County Planner replied that the applicant has 30 days to take the decision to
the Alberta Court of Appeal or, they will need to wait at least 6 months to
reapply.
7. DEVELOPMENT REPORT
a) Permitted Use Report July 1-31, 2014
The Development Clerk provided background information on the Permitted
Use Report.
There were no questions.
P 78/14 MOVED BY COUNCILLOR K. CHRISTMAN that the Development Report be
adopted as presented.
MOTION CARRIED
8. SUBDIVISIONS
a) Block 1, Plan 9310394 and ptn of NE 23-16-16-W4M, To subdivide a
0.064 acre strip of land and consolidate it with Block 1, Plan 9310394 to
rectify an encroachment.
The County Planner provided background information on the proposed
subdivision.
Councillor C. Amulung asked for clarification regarding the amount of
the Municipal Reserve. The County Planner responded that the correct
amount was $9.60.
P 79/14 MOVED BY COUNCILLIOR E. UNRUH that the Agricultural/Residential
subdivision of Block 1, Plan 9310394 and NE1/4 23-16-16-W4M to subdivide a
0.064 acres strip of land and consolidate it with Block 1, Plan 9310394 to rectify an
encroachment BE APPROVED subject to the following:
1. That the 10% reserve requirement be provided as money in place of
land on the 0.064 acres at the market value of $1500.00 per acre,
approximately $ 9.60, with the actual acreage and amount to be paid to
the County of Newell, for Municipal Reserve Purposes.
2. That all outstanding property taxes shall be paid to the County of
Newell.
3. That the subdivided portion of NE 18/4 23-16-16-W4M be consolidated
with the adjacent parcel legally known as Block 1, Plan 9310394 in a
manner such that the resulting Certificate of Title could not be
subdivided without the approval of the Subdivision Authority.
MOTION CARRIED
9. DEVELOPMENT PERMITS
a) DP 3867 -SE 23-18-15W4M, Installation of two Shipping Containers
The Development Clerk provided background information on the
proposed development permit.
Councillor K. Christman asked if there was anything in the Land Use
Bylaws that regulated the condition of shipping containers. The
Development Clerk responded that under the General Standards
section of the Land Use Bylaw, the exterior of the shipping containers
must be clean and regularly painted.
P 81/14 MOVED BY COUNCILLORT. FYFE that the Municipal Planning Commission
APPROVE Development Permit #3867 and grant approval to install two 320 ft2 (30
m2) Shipping Containers, subject to the following conditions:
This permit is being granted only to install two 320 ft2 (30 m2) Shipping
Containers, on lands legally described as SE 23-18-15 W4M. Any
additional development shall require prior approval of a separate permit
application.
The proposed development complying with:
1. The provisions pertaining to the Rural Business District and all
relevant schedules, as outlined in the County of Newell Land Use
Bylaw #1755-12.
2. All Federal, Provincial and Municipal statutes, regulations, codes and
standards.
3. All Alberta Building Codes and Safety Codes, where applicable.
Reasons for Approval
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The Municipal Planning Commission has approved DP #3867 for the
following reasons:
a) The proposed development complies with both the Municipal
Development Plan and the Intermunicipal Development Plan.
b) 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 #1755-12.
c) No objections have been received from adjacent landowners or
referral agencies with respect to the proposed development.
Conditions of Development
1. That this development is located as shown on the site plan approved
in this application and submitted July 14, 2014. Any changes to that
plan shall require the written approval of the Development Officer.
2. That the following setbacks on all sides are maintained for this
development:
Front (east): 100 ft (30.6 m)
Side (north& south): 25 ft (7.6 m)
Rear (west): 25 ft (7.6 m)
3. That the proposed shipping containers are not used for living
purposes.
4. The Shipping Containers shall not be stacked.
5. There will be no signage for advertising on the shipping containers
without an approved sign permit, labels are permitted.
MOTION CARRIED
b) DP 3870 - Lot 6. Block 15, Plan 9510294, NE 24-17-13W4M,
Compliance for an existing dwelling, construction of an attached deck
The Development Clerk provided background information on the
proposed development permit.
Councillor A.M. Philipson inquired about the lack of Tilley Advisory
Committee response: did that mean they hadn't met or that they
recommended approval of the permit. Councillor G. Simpson replied
that the Tilley Advisory Committee had no objections to the application
and that he would ensure that a response is sent for all future referrals.
P 82/14 MOVED BY COUNCILLOR G. SIMPSON that the Municipal Planning Commission
APPROVE Development Permit 3870, and grant compliance for the 1690 ft2 (157
m2) existing dwelling with a 3 ft (.91 m) variance to the rear yard setback and
approval for construction of a 340 ft2 (32 m2) attached deck, subject to the following
conditions:
This permit is only granting compliance for the 1690 ft2 (157 m2)
existing dwelling with a 3 ft (.91 m) variance to the rear yard setback
and approval for construction of a 340 ft2 (32 m2) attached deck, on
lands legally described as Lot 6, Block 15, Plan 9510294, NE 24-17-13
W4M. Any additional development shall require prior approval of a
separate permit application.
The proposed development complying with:
1. The provisions pertaining to the Hamlet Residential District and all
relevant schedules, as outlined in the County of Newell Land Use
Bylaw #1755-12.
2. All Federal, Provincial and Municipal statutes, regulations, codes and
standards.
3. All Alberta Building Codes and Safety Codes, where applicable.
Reasons for Approval
The Municipal Planning Commission has approved DP 3870 for the
following reasons:
a) The proposed development complies with the Municipal
Development Plan.
b) 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) and Standards of
Development (Schedule 4) as specified in the County of Newell
Land Use Bylaw #1755-12.
c) No objections have been received from adjacent landowners or
referral agencies with respect to the proposed development.
Conditions of Development
1. That this development is located as shown on the site plan approved
in this application and submitted July 16, 2014. Any changes to that
plan shall require the written approval from the Development Officer.
2. The following setbacks are maintained:
Rear yard: 17 ft (5.1 m); variance from 20 ft (6.1 m)
Side yard: 5 ft (1.5 m)
Front yard: 20 ft (6.1 m)
3. That the property is not used for conducting a business or
commercial operation without first obtaining the required permits.
MOTION CARRIED
c) DP 3871 -Lot 14, Block 2, Plan 0411757, NW 20-21-18W4M, Airplane
Hangar with a variance to all sides
The Development Clerk provided background information on the
proposed development permit
Councillor C. Amulung asked for clarification regarding the date
construction was to be completed. There were further questions from
MPC about the lot size and building setbacks. The Manager of Planning
& Development explained that a minimum distance was required
between buildings to prevent a fire from spreading to an adjacent
structure and also to ensure drainage needs for the lot were being met.
She added that when the site was subdivided the lots were made too
2
small to accommodate current aircraft requirements, the County is
trying to compensate by allowing variances on these lots.
P 83/14 MOVED BY COUNCILLOR W. HAMMERGREN that the Municipal Planning
Commission APPROVE Development Permit #3871 that the airplane hangar is a
similar to a general storage and warehouse structure.
That the Municipal Planning Commission APPROVE Development
Permit #3871 and grant approval to construct a 3600 ft2 (334m2)
airplane hangar with a 20 ft (6.1 m) variance on all sides, subject to the
following conditions:
This permit is being granted only to construct a 3600 ft2 (334 m2)
airplane hangar, on lands legally described as Lot 14, Block 2, Plan
0411757, NW 20-21-18 W4M. Any additional development shall require
prior approval of a separate permit application.
The proposed development complying with:
1. The provisions pertaining to the Rural Business District and all
relevant schedules, as outlined in the County of Newell Land Use
Bylaw #1755-12.
2. All Federal, Provincial and Municipal statutes, regulations, codes and
standards.
3. All Alberta Building Codes and Safety Codes, where applicable.
Reasons for Approval
The Municipal Planning Commission has approved DP #3871 for the
following reasons:
a) The proposed development complies with both the Municipal
Development Plan and the Intermunicipal Development Plan.
b) 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 #1755-12.
c) No objections have been received from adjacent landowners or
referral agencies with respect to the proposed development.
Conditions of Development
1. That this development is located as shown on the site plan approved
in this application and submitted July 21, 2014. Any changes to that
plan shall require the written approval of the Development Officer.
2. That the following setbacks on all sides are maintained for this
development:
Front (west): 20 ft (6.1 m) — variance from 25 ft (7.6 m)
Side (north): 20 ft (6.1 m) — variance from 25 ft (7.6 m)
Rear (east): 20 ft (6.1 m) — variance from 25 ft (7.6 m)
3. That the property is not used for conducting a business or
commercial operation that is unrelated to aircraft operations, and
without obtaining the required permits.
4. There shall be a minimum setback of 2 meters between Pioneer Gas
Co-op pipelines and any structure.
5. That the property is not used for residential purposes.
WA_
6. That the property is not used for storage purposes.
7. That construction of the hangar must be completed within 12 months
of this permit being issued, by June 5, 2015.
8. That access can be provided for Emergency Services vehicles to all
sides of the building.
MOTION CARRIED
d) HO 277 - Lot 16, Block 5, Plan 9711628, SW 10-19-14W4M, Welding
Business
The Development Clerk provided background information on the
proposed development permit.
Councillor A.M. Philipsen requested confirmation that there would be no
storage allowed on the property. The Development Clerk confirmed that
there would be no storage. Councillor A.M. Philpsen inquired why the
applicant applied for a permit when he was just parking his truck on the
property. The Development Clerk replied that since the applicant uses a
truck as a commercial vehicle, the permit is a Home Occupation 2 that
must be approved by MPC. The Manager of Planning & Development
added that a permit would also provide legitimacy for the business
owners
P 84/14 MOVED BY COUNCILLOR M. DOUGLASS that this permanent permit is being
Ce granted only for the welding business, located on lands legally described as Lot 16,
Block 5, Plan 9711628, SW 10-19-14 W4M. Any additional development shall
require prior approval of a separate permit application.
The proposed development complying with:
1. The provisions pertaining to the Acreage Residential District and all
relevant schedules, as outlined in the County of Newell Land Use
Bylaw #1755-12.
2. All Federal, Provincial and Municipal statutes, regulations, codes and
standards.
3. All Alberta Building Codes and Safety Codes, where applicable.
Reasons for Approval
The Municipal Planning Commission has approved HO 277 for the
following reasons:
a) The proposed development complies with the Municipal
Development Plan and Intermunicipal Development Plan.
b) 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), Standards of
Development (Schedule 3) and Home Occupations (Schedule 4
Section 9), as specified in the County of Newell Land Use Bylaw
#1755-12.
c) No objections have been received from adjacent landowners or
referral agencies with respect to the proposed development.
Conditions of Development
F1
1. That this development is located as shown on the site plan
approved in this application and submitted June 9, 2014. Any
changes to that plan shall require the written approval from the
Development Officer.
2. That there is no more than 1 resident employee involved in the
operation of this business.
3. That 1 vehicle is used in the operation of the business.
4. There will be no signage or outdoor storage.
MOTION CARRIED
10. POST AGENDA ITEMS
There were no post agenda items.
11. IN CAMERA
There were no in camera items.
12. INFORMATION ITEMS
a) NRCB Application No. LA14007 by Springside Colony Farming
Co. Ltd.
The Manager of Planning & Development provided background
information on the NRCB applications.
The Manager of Planning & Development informed MPC that both
applications had been previously 'Deemed Complete' by NRCB,
but since there were changes to the applications, a new Letter of
Response was required.
b) NRCB Application No. LA13007A by Hutterian Brethren of
Springview
13. QUESTION PERIOD
14. ADJOURN
Being that the agenda matters have been concluded the meeting adjourned at 10:23 a. m.
Signed by the Chairman and Director of Corporate Services this Day of
J e--P%C--1q `�E2 , 2014.