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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 0 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.