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HomeMy WebLinkAbout2014-09-11 Municipal Planning Commission (Regular) MinutesCounty of Newell MUNICIPAL PLANNING COMMISSION MEETING September 11, 2014 The regular Municipal Planning Commission Meeting of the County of Newell was held in the County Office at Brooks, AB on Thursday, September 11, 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 B. de Jong, Councillor G. Simpson, 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 H. Blower, Applicant 1. CALL TO ORDER The Chairman called the meeting to order at 10: 03 a. m. 2. EXCUSED FROM MEETING All members were in attendance at this meeting. 3. MINUTES a) August 7, 2014 Meeting Minutes P 85/14 MOVED BY COUNCILLOR C. AMULUNG that the minutes of the August 7, 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 86/14 MOVED BY COUNCILLOR T. FYFE that the agenda be adopted as presented. MOTION CARRIED 6. DEVELOPMENT REPORT a) Permitted Use Report - August 1 - 31, 2014 The Development Clerk provided background information on the Permitted Use Report. Councillor B. de Jong inquired on the reason for compliance for Development Permit 3884. The Manager of Planning & Development replied that the barn and shelter were too close to the property line. Councillor A.M. Philipsen asked about a property that was located in Division 10, under Direct Control, where there was a maximum allowance of 3 dwellings allowed on a property, and there were already three mobile homes on the property. She wanted to know if one of the dwellings was going to be removed. The Development Clerk responded that one of the dwellings would be taken off the property and a security deposit had been received to ensure it was removed. Councillor L. Juss asked about the accuracy of the values given for the buildings on the report. The Manager of Planning & Development responded that the values given by the applicant and the value provided by the assessor were often not the same. Councillor L. Juss asked if a Development Permit was based on value. The Manager of Planning & Development replied that Building Permits were based on value but Development Permits were not. P 87/14 MOVED BY COUNCILLOR E. UNRUH that the Development Report be adopted as presented. MOTION CARRIED 7. SUBDIVISIONS a) 2014-0-101 - Lot 27, Block 7, Plan 1010984 and Ptn of NW 20-20- 13W4M, To subdivide a 0.896 acre (0.363 ha) portion of the NW 20-20- 13W4M for the purposes of consolidation with adjacent lands The County Planner provided background information for the proposed subdivision application. Councillor G. Simpson asked what would happen to the parcel to the south. The County Planner replied that the parcel would be consolidated with the road allowance and other parcels on the site once the road closure bylaw was complete. Councillor A. Philipsen added that the majority of the lots in the area are owned by one landowner. P 88/14 MOVED BY COUNCILLOR L. JUSS that the Agricultural subdivision of Lot 27, Block 7, Plan 1010984 and Ptn of NW1/4 20-20-13-W4, to subdivide a 0.896 acre (0.363 ha) portion of the NW 1/4 20-20-13-W4M for the purposes of consolidation with adjacent lands: BE APPROVED subject to the following: 1. That the 10% reserve requirement be provided as money in place of land on the 5.26 acres at the market value of $2500.00 per acre (approximately $224.00) with the actual acreage and amount to be paid to the County of Newell be determined at the final stage. 2. That all outstanding property taxes shall be paid to the County of Newell. 3. That the easement(s) as required by FortisAlberta or any other utility agency or the municipality shall be established prior to finalization of the application and are to be registered simultaneously with the legal plan of the subdivision. 4. That the subdivided portion of NW1/4 20-20-13-W4M be consolidated with the adjacent parcel legally known as Lot 27, Block 7, Plan 1010984 and the proposed closed portion of Leveson Avenue and Saint Claire Street as shown in the tentative plan prepared by BOA Ltd (dated June 5, 2014) in a manner such that the resulting Certificate of title could not be subdivided without the approval of the Subdivision Authority. MOTION CARRIED b) 2014-0-104 - Parcel "A", Plan 5160FD & S1/2 33-19-14-W4M, To create one (1) new parcel approximately 8.59 acres (3.48 ha) in size, containing an existing yard site, from a previously subdivided quarter section for residential use. The County Planner provided background information on the proposed subdivision application. ARRIVED AT MEETING: Mark Harbicht arrived at 10:17 am Councillor B. de Jong asked if the issue with the subdivision was the easement. He also asked what would be required in order for the subdivision to proceed. The County Planner replied that in order to provide legal and physical access to the proposed subdivision, a panhandle was the best option, which would physically connect the proposed subdivision to Highway 873. She added that she had suggested to the applicant that access could be provided from the quarter to the southeast, since it was a shorter distance. The applicant, H. Blower, indicated that access from the southeast was not their preference. AO B The County Planner stated that if MPC agreed that the panhandle was the preferred solution, a decision on the current proposed subdivision could not be made at this meeting. She indicated that an amended application would be required to subdivide the panhandle from the adjacent quarter and include it with the current proposal. She indicated that an option for MPC would be to table the decision, but that the applicant would need to - sign an extension agreement so that the current application would not expire before the 60 -day decision period required under the MGA. H. Blower commented that his concern with the proposed access road is that it is very long and would require help from whoever purchases the land to the north to keep the road clear during the winter months. Councillor L. Juss asked if the pivot presently hits the access road. H. Blower replied that it did not. Councillor L. Juss commented that there was also the option for the access road to go east, although that choice would interfere with the pivot on that quarter. H. Blower added that the tree line to the east also limited that option. Councillor L. Juss suggested that MPC table the application. The County Planner informed MPC that the 60 -day decision period for the application would expire before the next meeting. Therefore, tabling the application would be contingent upon the applicant signing the extension request. If the applicant did not wish to sign the extension request, then her recommendation was to refuse the application. H. Blower was given the opportunity to review the extension agreement. The County Planner read the extension agreement to MPC. H. Blower signed the extension agreement. Councillor L. Juss made a motion to table the application. Councillor M. Douglass encouraged the applicant to sort out the access issue so that MPC could support the proposed subdivision. P 89/14 MOVED BY COUNCILLOR L. JUSS that the Country Residential/Agricultural subdivision of Parcel "A", Plan 5160FD & S1/2 33-19-14-W4M, subdivide an existing 28.3 acre (11.47 ha) parcel to create 1 lot for residential use BE TABLED MOTION CARRIED LEFT THE MEETING: Howard Blower left at 10:39a.m. a) 2014-0-111 - SW 18-18-14-W4M, To create one (1) new parcel approximately 8.59 acres (3.48 ha) in size, containing an existing yard site, from a previously subdivided quarter section for residential use. The County Planner provided background information on the proposed subdivision. The County Planner informed MPC that the standard parcel size for a subdivision is 5 acres, while the proposed parcel being created is 8.6 Nm acres. Therefore, approval of the subdivision application would require a waiver to the maximum parcel size. L. Juss made the motion to approve the proposed subdivision with the waiver. P 90/14 MOVED BY COUNCILLOR L. JUSS that the Country Residential subdivision of SE1/4 18-18-14-W4M, to create one (1) new parcel approximately 8.59 acres (3.48 ha) in size, containing an existing yard site, from a previously subdivided quarter section for residential use; BE APPROVED subject to the following: 1. That the 10% reserve requirement be provided as money in place of land on the 8.89 acres at the market value of $1500.00 per acre (approximately $1,288.50) with the actual acreage and amount to be paid to the County of Newell be determined at the final stage. 2. That all outstanding property taxes shall be paid to the County of Newell. 3. That 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. MOTION CARRIED 8. DEVELOPMENT PERMITS a) DP 3873 - Block S, Plan 8011049, NW 32-20-14 W4M, Installation of a 2nd Dwelling The Development Clerk provided background information on the proposed development permit. There were no questions from MPC. P 91/14 MOVED BY COUNCILLOR B. DE JONG that the Municipal Planning Commission APPROVE DP #3873 for the installation of a 972 ft2 (90 m2) moved -in previously occupied RTM dwelling with a 240 ft2 (22 m2) sunroom and 270 ft2 (25 m2) attached deck, to be used as a second dwelling on the farm site, subject to the following conditions: This permit is being granted only for the installation of a 972 ft2 (90 m2) moved -in previously occupied RTM dwelling with a 240 ft2 (22 m2) sunroom and 270 ft2 (25 m2) attached deck, to be used as a second dwelling on the farm site, on lands legally described as Block S, Plan 8011049, NW 32-20-14 W4M. Any additional development shall require prior approval of a separate permit application The proposed development complying with: 1. The provisions pertaining to the Fringe 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 #3873 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 Schedule 4 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 25, 2014. Any changes to that plan shall require the written approval of the Development Officer. 2. That the property is not used for conducting a business or commercial operation without first obtaining the required permits. 3. That there is a 10 ft (3 m) separation distance between the new building and any other buildings or structures. 4. A crossing/proximity agreement shall be executed with ATCO pipelines for the proposed crossing/work near ATCO pipelines and/or right of way. 5. Graveled parking and/or storage will not be permitted on pipeline right- of-way. 6. Structures must be setback 15 metres from the centreline of the ATCO pipeline. 7. The developer must start construction before September 25, 2015. In the event that this date cannot be met, the developer may be required to apply for a new permit. 8. That the following setbacks on all sides are maintained for this development: Front (west): 100 ft (30 m) Side: 25 ft (7.6 m) Rear: 25 ft (7.6 m) MOTION CARRIED b) DP 3876 - NE 24-17-13 W4M, Installation of 6 seed bins The Development Clerk provided background information on the proposed development permit. There were no questions from MPC. P 92/14 MOVED BY COUNCILLOR G. SIMPSON that the Municipal Planning Commission APPROVE DP #3876, for the installation of six 400 ft2 (37 m2) seed bins connected by a conveyor belt, subject to the following conditions: �Qs This permit is being granted only for the installation of six 400 ft2 (37 m2) seed bins connected by a conveyor belt, on lands legally described as 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 Fringe 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 #3876 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 Schedule 4 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 That this development is located as shown on the site plan approved in this application and submitted August 1, 2014. Any changes to that plan shall require the written approval of the Development Officer. 1. That there is a 10 ft (3 m) separation distance between the new buildings and any other buildings or structures. 2. The developer must start construction before September 25, 2015. In the event that this date cannot be met, the developer may be required to apply for a new permit. 3. That the following setbacks on all sides are maintained for this development: Front (north): 50 ft (15.2 m) Side: (west) 25 ft (7.6 m) Rear: (south) 25 ft (7.6 m) 9. POST AGENDA ITEMS There were no post agenda items. 10. IN CAMERA There were no in camera items. 11. INFORMATION ITEMS MOTION CARRIED These items were for information only. a) NRCB - LA 14007 Springside Colony b) NRCB - LA 13007A - Hutterian of Springview 12. QUESTION PERIOD 13. ADJOURN Being that the agenda matters have been concluded the meeting adjourned at 10:44 a. m. i Signed by the Chairman and Director of Corporate Services this Day of J E P %G" R C/Z , 2014.