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Home My WebLink About2020-02-20 Municipal Planning Commission (Regular) Minutes COUNTY OF NEWELL MUNICIPAL PLANNING COMMISSION MEETING February 20, 2020 The regular Municipal Planning Commission Meeting of the County of Newell was held in the County Office at Brooks, AB on Thursday, February 20, 2020 commencing at 10:00 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 ABSENT: STAFF: K. Stephenson, CAO L. Johnson, Director of Corporate Services L. Kuiper, Planner, ORRSC G. Tiffin, Manager of Planning, Development & Engineering M. Jackson, Supervisor of Planning & Development S. Simpson, Development Clerk P. Elliott, Administrative Assistant, Planning & Development OTHERS IN S. Stanway, Brooks Bulletin ATTENDANCE: J. Jackson, Applicant, 2020-0-005 K. Harris, Applicant, DP 2019093 S. Biette, Ratepayer 1. CALL TO ORDER The Chairman called the meeting to order at 10:00 a.m. 2. EXCUSED FROM MEETING All members were in attendance at this meeting. 3. MINUTES 3.1 February 6, 2020 Meeting Minutes The following changes were made to the January 9, 2020 Municipal Planning Commission minutes: Page 1 -Item 3.1 -Add day in the date of the minutes. � Municipal Planning Commission February 20,2020 P-08/20 MOVED BY COUNCILLOR TRACY FYFE that the Municipal Planning Commission meeting minutes be adopted as amended. MOTION CARRIED 4. CALL FOR POST AGENDA ITEMS The Chairman called for post agenda items. 5. ADOPTION OF AGENDA P-09/20 MOVED BY COUNCILLOR ANNE MARIE PHILIPSEN that the agenda be adopted as presented. MOTION CARRIED LEFT THE MEETING A.M. Philipsen excused herself due to a pecuniary interest at 10:03 a.m. ARRIVED AT MEETING S. Biette arrived at 10:03 a.m. 6. SUBDIVISIONS 6.1 2020-0-005 - Lot 1, Block 3, Plan 1911102, W1/2 6-19-14-W4M, To create one new parcel approximately 14.64 acres (5.92 ha) in size, containing a house with an attached garage which is currently under construction, from a previously subdivided quarter section containing 154.85 acres (62.66 ha) for residential use. The County P/anner provided background information on the proposed subdivision application. Councillor Christman inquired if both the parce/and the proposed subdivision were owned by the same/andowner. The County Planner replied that he believed both parce/s had the same owner and landowner. J. Jackson confirmed that both parce/s were owned by the same family owned corporation. Councillor de Jong inquired about the access road into the new parcel. The Manager of Planning, Development& Engineering indicated that the road is on a County maintained road allowance to approximately midway up the quarter section, but then becomes a private driveway which is not maintained. The Manager of P/anning, Deve/opment&Engineering indicated that when the road was constructed for a previous subdivision, it was not accepted at that time by the County. Councillor Fyfe asked for clarification on the encroachment of the pumphouse. J. Jackson replied that when the survey was done, it showed that the pumphouse, belonging to the neighbour, encroached on their property. J. Jackson noted that the surveyor suggested that they enter into an access easement agreement for the benefit of the other landowner. He indicated that it would be less expensive for both parties, but still allowing the other landowner access to the pumphouse. Page 2 of 8 � Municipal Planning Commission February 20,2020 Councillor Juss mentioned that during the County of Newell/City of Brooks IMDP meeting that Mayor 8. Morishita had expressed concerns with the amount of development to the west of the City and possible challenges with future annexation and city services. Councillor Juss suggested that the municipalities develop guidelines for future subdivisions. Chair Amulung asked the County P/anner to confirm the size of the parcel and explain the option of changing the size of the subdivision. A question was asked about the 2.11 acres of MR owing and the Manager of Planning, Development& Engineering commented that this was due to a deferred reserve caveat from a previous subdivision. Councillor Unruh inquired if land was taken for the MR in lieu of the 10% MR would it affect the road configuration? The County P/anner responded, saying if the size was adjusted, it would affect the access and the applicants wou/d require an agreement for access. The County P/anner commented that even though the subdivision application does not meet the requirements of the Land Use Bylaw, the Municipal Government Act(MGA) allows for municipalities to approve an application contrary to the LUB. Councillor Unruh asked the applicant what his preference wou/d be for the Municipal Reserve, either payment or deferred to the parent parcel. The applicant indicated he wou/d prefer a deferred municipal reserve. The County P/anner suggested that if MPC is prepared to approve the Subdivision that they remove conditions 4 and 5 in the motion for approval. P-10/20 MOVED BY COUNCILLOR ELLEN UNRUH THAT the County Residential subdivision of Lot 1, Block 3, Plan 1911102 within W1/2 6-19-14-W4M (Certificate of Title No. 191 100 016), to create one new parcel approximately 14.64 acres (5.92 ha) in size, containing a house with an attached garage which is currently under construction, from a previously subdivided quarter section containing 154.85 acres (62.66 ha) for residential use; BE APPROVED subiect to the following: RESERVE: The 10% reserve requirement, pursuant to Sections 666 and 667 of the Municipal Government Act, be deferred by caveat on the residual parcel to be created, with the actual acreage to be dedicated being 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 encroachment agreement be established between the applicant and adjacent landowner for the encroachment of the pumphouse on the northern proposed property line of the subject parcel in accordance with Section 72 of the Land Titles Act (RSA 2000). MOTION CARRIED Page 3 of 8 � Municipal Planning Commission February 20,2020 LEFT THE MEETING J. Jackson and G. Tiffin left at 10:33 a.m. RETURNED TO MEETING A.M. Philipsen returned at 10:33 a.m. 7. DEVELOPMENT PERMITS 7.1 DP 2019093 - Lot 2, Block 3, Plan 0810255, SW 1-19-14 W4M, Installation of a Manufactured Dwelling 2, construction of an addition and deck The Development C/erk provided background information on the proposed permit application. There were no questions. P-11/20 That the Municipal Planning Commission APPROVE Development Permit 2019093, for the installation of a 1280 ftz (119 mz) manufactured dwelling 2, construction of a 1600 ftZ (149 m2) addition and 1200 ftz (111 m2) deck on lands legally described as Lot 2, Block 3, Plan 0810255, SW 1-19-14 W4M. This development approval is subject to the conditions outlined below. DP 2019093 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 March 12, 2020 (21-day appeal period) The development must be located as shown on the site plan approved with the application and submitted November 19, 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 developer submit a $5000.00 security deposit, as the minimum required amount under Schedule 4 Section 18.15 of the County Land Use Bylaw 1892-17 to ensure the conditions of development are met. d) That the applicant construct a road approach to the standards of the County of Newell Municipal Services. e) The proposed development does not encroach on any Rights-of-Way or Easements on the parcel. f� That the property is not used for conducting a business or commercial operation without first obtaining the required permits. g) That the following setbacks are maintained for this development: Front (west): 50 ft (15.2 m) Side (north &south): 25 ft (7.6 m) Page 4 of 8 � Municipal Planning Commission February 20,2020 Rear(east): 25 ft (7.6m) h) That the developer must start construction before March 12, 2021. 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 LEFT THE MEETING K. Harris left at 10:34 a.m. 7.2 DP 2019097 - NE 26-15-15 W4M, Approval of an existing manufactured dwelling 2 as a second dwelling for residential use The Development C/erk provided background information on the proposed permit application. There were no questions. ARRIVED AT MEETING M. Jackson arrived at 10:35 a.m. � ?/20 MOVED BY COUNCILLOR WAYNE HAMMERGREN That the Municipal Planning Commission APPROVE Development Permit 2019097, for an existing 1118 ftZ (104 m2) manufactured 2 home to be used as a 2nd dwelling on the site, on lands legally described as NE 26-15-15 W4M. This development approval is subject to the conditions outlined below DP 2019097 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 Agricultural District (Schedule 2) and Standards of Development (Schedule 3) 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 March 12, 2020 (21-day appeal period). b) The development must be located as shown on the site plan approved with the application and submitted December 2, 2019. c) Any additional development shall require prior approval of a separate permit application. d) That the property is not used for conducting a business or commercial operation without first obtaining the required permits. e) That there is a 10 ft (3 m) separation distance between the new dwelling and any other buildings or structures on the site. Page 5 of 8 /� � Municipal Planning Commission February 20,2020 fl That the following setbacks on all sides are maintained for this development: Front (east): 100 ft (30 m) Side (north and south): 25 ft (7.6 m) Rear (west): 25 ft (7.6 m) The proposed development must comply with: a) The provisions pertaining to the Agriculture 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 2019098 - NE 26-15-15 W4M, Installation of a Manufactured 2 Home as a 3rd Dwelling on the parcel for residential use The Development Clerk provided background information on the proposed permit application. There were no questions. P-13/20 MOVED BY COUNCILLOR HUBY KALLEN That the Municipal Planning Commission APPROVE Development Permit 2019098, for an existing 1216 ftZ (113 m2) manufactured 2 home as a 3rd dwelling on the site, on lands legally described as NE 26-15-15 W4M. This development approval is subject to the conditions outlined below. DP 2019098 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 Agricultural District (Schedule 2) and Standards of Development (Schedule 3) 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 March 12, 2020 (21-day appeal period). b) The development must be located as shown on the site plan approved with the application and submitted December 2, 2019. c) Any additional development shall require prior approval of a separate permit application. d) That the property is not used for conducting a business or commercial operation without first obtaining the required permits. e) That there is a 10 ft (3 m) separation distance befinreen the new dwelling and any other buildings or structures on the site. fl That the following setbacks on all sides are maintained for this development: Front (east): 100 ft (30 m) Side (north and south): 25 ft (7.6 m) Rear(west): 25 ft (7.6 m) Page 6 of 8 � Municipal Planning Commission February 20,2020 The proposed development must comply with: a) The provisions pertaining to the Agriculture 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. OTHER BUSINESS 8.1. Request for Refund The Deve/opment C/erk provided background information on the request. Chair Amu/ung inquired if the request was limited to grandfathered structures. The Deve/opment C/erk confirmed that was the case. Reeve Doug/ass asked if the proposed change in practice wou/d be limited to just the current application or would be applied for all intent of the future applications of a similar nature. The Development C/erk responded that they were requesting a change in policy for any future non-conforming permits. A discussion followed regarding the pros and cons of changing the procedure. The Supervisor of Planning and Development noted the non-conforming buildings are buildings that were constructed prior to a Land Use Bylaw being passed, or under a different Land Use By/aw. A non-compliant deve/opment is one that has been developed while there was a Land Use Bylaw in effect and no development permit was obtained. The Supervisor of Planning& Deve/opment added that the assessment records show the age and the types of deve/opments on a property. The Municipa/P/anning Commission directed Staff to continue with their same procedure that has been applied in the past for the time being and requested that this matter be part of a broader future discussion with Council on planning and development standards. P-14/20 MOVED BY COUNCILLOR TRACY FYFE That the procedures and policies pertaining to the development permit standards continue status quo therefore not providing a refund to the landowner. MOTION CARRIED 9. POST AGENDA ITEMS There were no post agenda items. 10. IN CAMERA There were no in camera items. 11. QUESTION PERIOD Page 7 of 8 � Municipal Planning Commission February 20,2020 12. ADJOURN Being that the agenda matters have been concluded the meeting adjourned at 11:00 a.m. Signed by the Chairman and Director of Corporate Services this ��Day of �C��"�-� ' , 2020. G� � Chairman < �a Director of orpora ervices Page 8 of 8