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HomeMy WebLinkAbout2020-04-23 Municipal Planning Commission (Regular) Minutes COUNTY OF NEWELL MUNICIPAL PLANNING COMMISSION MEETING April 23, 2020 The regular Municipal Planning Commission Meeting of the County of Newell was held via Lifesize Livestream Video on Thursday, April 23, 2020 commencing at 10:06 a.m. The Chief Administrative Officer, being the Designated Officer for the County of Newell, attended at the County Council Chambers to allow members of the public to watch the livestream meeting proceedings. Notice was posted at the front entrance advising the public of the meeting. No members of the public were physically in attendance. 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 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 T. Green, Director of Agricultural Services (Meeting Moderator) OTHERS IN S. Stanway, Brooks Bulletin ATTENDANCE: A. Weenink, Applicant DP 2020007 1. CALL TO ORDER The Chairman called the meeting to order at 10:06 a.m. 2. EXCUSED FROM MEETING All members were present. 3. MINUTES 3.1 April 9, 2020 Meeting Minutes P-18/20 MOVED BY COUNCILLOR BRIAN DE JONG that the minutes of the April 9, 2020 Municipal Planning Commission meeting be adopted as presented. MOTION CARRIED � Municipal Planning Commission April 23,2020 4. CALL FOR POST AGENDA ITEMS The Chairman called for post agenda items. 5. ADOPTION OF AGENDA P-19/20 MOVED BY COUNCILLOR ELLEN UNRUH that the agenda be adopted as presented. MOTION CARRIED 6. BUSINESS ARISING FROM MINUTES The Supervisor of Planning and Development provided background information on Ministerial Order 036/20. 7. LIFT OFF THE TABLE 7.1 Lift off the Table Items: 2020-0-029, 2020-0-037, 2020-0-039, DP 2020005 and DP 2020007 P-20/20 MOVED BY COUNCILLOR LIONEL JUSS that items 2020-0-039, 2020-0-037, 2020-0- 029, DP 2020005 and DP 2020007 be lifted off the TABLE. MOTION CARRIED 8. SUBDNISIONS 8.1 2020-0-039 - NE1/4 6-15-13-W4M, To create one new parcel approximately 3.08 acres (1.24 ha) in size, containing an existing residence and improvements, from a previously unsubdivided quarter section for residential use The County Planner provided background information on the proposed subdivision application. Councillor K. Christman asked if staff had any comments on the subdivision application. Staff had no additional comments or concerns. P-21-20 MOVED BY COUNCILLOR KELLY CHRISTMAN THAT the Residential subdivision of NE1/4 6-15-13-W4M (Certificate of Title No. 201 039 576), to create one new parcel approximately 3.08 acres (1.24 ha) in size, containing an existing residence and improvements, from a previously unsubdivided quarter section for residential use BE APPROVED subject to the following: 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 the applicant install a septic tank and field in accordance with the requirements of the Alberta Private Sewage Systems Standard of Practice 2015 and that proof of installation be submitted to the Subdivision Authority. That the existing septic pump Page 2 of 9 � Municipal Planning Commission April 23,2020 out system be decommissioned, and proof of decommissioning be submitted to the Subdivision Authority. MOTION CARRIED 8.2 2020-0-038 - Lot 1, Block 3, Plan 0212411 and SW1/4 16-21-18-W4M, To reconfigure two existing titles by subdividing a 5.86 acre (2.37 ha) portion of Lot 1, Block 3, Plan 0212411 within the SW%4 16-21-18- W4M containing an existing residence, and consolidating the remaining 3.24 acre (1.31 ha) portion to the residual parcel, to create a new agricultural parcel approximately 91.01 acres (36.78 ha) in size. The County Planner provided background information on the proposed subdivision application. He indicated the Town of Bassano has requested that an engineered storm water management plan requirement be added as a condition to the subdivision. The County Planner informed MPC that a meeting was held between the Town of Bassano, the EID, ORRSC and the County staff to discuss this condition. County staff indicated this is not a condition that they would recommend applying on this particular subdivision. Councillor 8. de Jong asked why the request for a drainage/storm water plan be included as a condition when this has not been a similar condition for other subdivisions in the past. The Manager of Planning, Development &Engineering Services indicated that there are clauses within the IDP with the town of Bassano that talk about stormwater management plans and engineered design to control run off. It is Administration's thought that those points within the IDP are meant more for large sca/e and multi lot developments that have a greater potential to increase surface run off. In regard to the current parcel the landowner is trying to come in line with policies set out by the EID because of the pivot installation. The Manager of Planning, Development & Engineering indicated he does not recall another time that the County has requested a stormwater management plan for an agricultural subdivision such as this. The Manager of Planning, Development and Engineering Services indicated that the EID had specifically requested that they would like access to the subdivision removed from their right of way. He also suggested that condition 3 may cause an issue at the time of finalization if the EID is unwilling to sign the access easement. The Manager of Planning, Development and Engineering Services suggested the wording of the condition be altered to make it more workable for the applicant and the EID to come to an agreeable solution. A discussion followed regarding the conditions. Councillor B. de Jong indicated that he would like to replace conditions 3 with the point in the informative section from the EID being `access to the subdivision must be removed from the EID right of way'and remove condition 4. Councillor L. Juss stated he would like to avoid approving any subdivision that requires an easement on someone e/se's property. P-22/20 MOVED BY COUNCILLOR BRIAN DE JONG THAT the Agricultural and Country Residential subdivision of Lot 1, Block 3, Plan 0212411 and SW1/4 16-21-18-W4M Page 3 of 9 � Municipal Planning Commission April 23,2020 (Certificate of Title No. 181 084 962 +3, 181 084 962 +4), to reconfigure two existing titles by subdividing a 5.86 acre (2.37 ha) portion of Lot 1, Block 3, Plan 0212411 within the SW%4 16-21-18-W4M containing an existing residence, and consolidating the remaining 3.24 acre (1.31 ha) portion to the residual parcel, to create a new agricultural parcel approximately 91.01 acres (36.78 ha) in size; BE APPROVED subject to the following: RESERVE: The 10% reserve requirement, pursuant to Sections 666 and 667 of the Municipal Government Act, be provided as money in place of land on the 5.86 acre parcel as per the County's policy 2016-PAD-057 at the market value of$7000.00 per acre or approximately $4,102.00 with the actual acreage and amount to be paid to the County of Newell be determined at the final stage, for Municipal Reserve Purposes. AND further that, upon receipt of this reserve payment, the existing deferred reserve caveat (021 247 215) be discharged in its entirety. 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 for the installation of new approach with the County of Newell which shall be registered concurrently with the final plan against the title(s) being created. 3. That encroachment of the current access be removed from the EID right of way. MOTION CARRIED 8.3 2020-0-037 -SW1/415 -16- 13-W4M, To create one new parcel approximately 5.20 acres (2.11 ha) in size, containing an existing residence and improvements, from a previously unsubdivided quarter section for residential use The County Planner provided background information on the proposed subdivision application. Councillor C. Amulung inguired about the buildings that were located within the subdivision. The County Planner indicated that there is a residence on the property as well as sheds and structures, some that are in c/ose proximity to the property line. P-23/20 MOVED BY COUNCILLOR ANNE MARIE PHILIPSEN THAT the Country Residential subdivision of SW1/4 15-16-13-W4M (Certificate of Title No. 171 268 636), to create one new parcel approximately 5.20 acres (2.11 ha) in size, containing an existing residence and improvements, from a previously unsubdivided quarter section for residential use BE APPROVED subject to the following: 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. MOTION CARRIED 8.4 2020-0-029 -W1/2 33-21-14-W4M and Parcel B, Plan 5437FC within NE 33- 21-14-W4M, To create one new parcel approximately 216.21 acres (87.50 ha) in size, by subdividing a 92.21 acre (37.32 ha) portion from a previously Page 4 of 9 � Municipal Planning Commission April 23,2020 unsubdivided quarter section and consolidating with NW%4 33-21-14-W4M (95.50 acres) and Parcel B, Plan 5437 FC (28.50 acres) The County Planner indicated that on Monday, April 27, 2020, the subdivision application will have expired and will require a notification for extension from the applicant, which has not yet been received by O/dman River Regional Services Commission. The County Planner indicated that MPC can approve the extension retroactively or MPC can table the application until the next MPC meeting. A discussion followed concluding with the agreement that MPC would prefer to table the subdivision application until the next MPC meeting. P-24/20 MOVED BY COUNCILLOR LIONEL JUSS THAT the Agricultural subdivision of W1/2 33-21-14-W4M and Parcel B, Plan 5437FC within NE1/4 33-21- 14-W4M (Certificate of Title No. 127R160, 001 276 659 +4), to create one new parcel approximately 216.21 acres (87.50 ha) in size, by subdividing a 92.21 acre (37.32 ha) portion from a previously unsubdivided quarter section and consolidating with NW%4 33-21-14-W4M (95.50 acres) and Parcel B, Plan 5437 FC (28.50 acres) BE TABLED until the next Municipal Planning Commission meeting. TABLED 9. DEVELOPMENT PERMITS 9.1 DP 2020005 - Lot 1, Block 2, Plan 1712141, NW 19-15-15 W4M, Operation of a Bulk Fertilizer Storage and Sales Business The Development Clerk provided background information on the proposed permit. There were no questions. P-25/20 MOVED BY COUNCILLOR ANNE MARIE PHILIPSEN That the Municipal Planning Commission APPROVE Development Permit 2020005 for the operation of a Bulk Fertilizer Storage and Sales business, on lands legally described as Lot 1, Block 2, Plan 1712141, NW 19-15-15 W4M. This development approval is subject to the conditions outlined below. DP 2020005 is Approved for the following reasons: 1. The proposed development complies with both the Municipal Development Plan and the Intermunicipal Development Plan. 2. 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 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 April 30, 2020 (21-day appeal period). b) The development must be located as shown on the site plan approved with the application and submitted March 3, 2020. It must be built according to the description provided with this approval. Any changes shall require the written approval of the Development Authority. Page 5 of 9 `-��" Municipal Planning Commission April 23,2020 c) Any additional development shall require prior approval of a separate permit application. d) That there be a minimum of 10 parking spaces for customers. e) That the business operates from 8 pm to 6 pm. � That the following setback is maintained for the 3640 ft2 (338 m2) shop 1: 1. Front (north): 65 ft (20 m); variance from 100 ft (30 m) 2. Sides (east &west): 25 ft (7.6 m) 3. Rear (south): 25 ft (7.6 m) g) That the following setbacks on all sides are maintained for the remainder of this development: 1. Front (north): 100 ft (30 m) 2. Sides (east &west): 25 ft (7.6 m) 3. Rear(south): 25 ft (7.6 m) The proposed development must comply with: a) The provisions pertaining to the Rural Business 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 9.2 DP 2020007 - NW 15-20-14 W4M, Construction of a dwelling to be used as a 2nd Dwelling on the parcel The Development Clerk provided background information on the proposed permit application. There were no questions. P-26/20 MOVED BY COUNCILLOR ELLEN UNRUH That the Municipal Planning Commission APPROVE Development Permit 2020007, for the construction of a 1260 ft2 (117 m2) single family dwelling, attached 900 ft2 (84 m2) garage and 140 ft2 (13 m2) deck to be used as a 2nd dwelling on the site, on lands legally described as NW 15-20-14 W4M. This development approval is subject to the conditions outlined below. DP 2020007 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 April 30, 2020 (21-day appeal period). b) The development must be located as shown on the site plan approved with the application and submitted March 9, 2020. It must be built according to the description provided with this approval. Any changes shall require the written approval of the Development Authority. c) Any additional development shall require prior approval of a separate permit application. Page 6 of 9 � Municipal Planning Commission April 23,2020 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. fl That the existing second dwelling be removed from the parcel upon occupancy of the new dwelling, no later than April 30, 2022. g) The developer must start construction before April 30, 2021, in the event that this date cannot be met, the developer may be required to apply for a new permit. h) That the following setbacks on all sides are maintained for this development: Front (west): 100 ft (30 m) Side (north and south): 25 ft (7.6 m) Rear (east): 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 9.3 DP 2020009 - Lot 3, Block 1, Plan 8311352, NE 5-20-14 W4M, Approval of existing addition and deck, construction of a dwelling addition, attached garage for residential use The Development Clerk provided background information on the proposed permit application. There were no questions. P-27/20 MOVED BY REEVE MOLLY DOUGLASS That the Municipal Planning Commission APPROVE Development Permit 2020009, for the approval of an existing 1150 ft2 (107 m2) deck and 100 ftZ (9.3 m2) addition and construction of a 988 ft2 (92 m2) addition/attached garage, on lands legally described as Lot 3, Block 1, Plan 8311352, NE 5-20-14 W4M. This development approval is subject to the conditions outlined below. DP 2020009 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 May 14, 2020 (21 day appeal period) The development must be located as shown on the site plan approved with the application and submitted March 5, 2020. 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. Page 7 of 9 `�" Municipal Planning Commission April 23,2020 c) That the property is not used for conducting a business or commercial operation without first obtaining the required permits. d) That the following setbacks are maintained for this development: Front (south): 37 ft (11 m); variance from 50 ft (15 m) Side (east and west): 25 ft (7.6 m) Rear (north): 25 ft (7.6m) e) That the developer must start construction before May 14, 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 9.4 DP 2020010 - Lot 3, Block 1, Plan 8311352, NE 5-20-14 W4M, Approval for existing accessory buildings with a variance to setback for residential use The Development Clerk provided background information on the proposed permit application. There were no questions. P-28/20 MOVED BY COUNCILLOR HUBY KALLEN That the Municipal Planning Commission APPROVE Development Permit 2020010, for the approval of an existing 96 ftZ (8.9 m2) accessory building and a 210 ftz (19.5 m2) accessory building with a variance to the side yard setback, on lands legally described as Lot 3, Block 1, Plan 8311352, NE 5-20-14 W4M. This development approval is subject to the conditions outlined below. DP 2020010 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 May 14, 2020 (21 day appeal period) The development must be located as shown on the site plan approved with the application and submitted March 27, 2020. 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) That the following setbacks are maintained for this development: Front (south): 50 ft (15.2 m) Side (west): 25 ft (7.6 m) Rear (north): 25 ft (7.6m) Side (east): 6 ft (m); variance from 25 ft (7.6 m) Page 8 of 9 � Municipal Planning Commission April 23,2020 e) That the developer must start construction before May 14, 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 10. POST AGENDA ITEMS There were no post agenda items. 11. IN CAMERA There were no in camera items. 12. QUESTION PERIOD Councillor T. Fyfe inquired about the referral that went out to Canada Post as it's not a referral that MPC has seen before. The County Planner responded that to his knowledge, whenever a new parcel is being created by a subdivision Canada Post is notified as a courtesy. The County Planner indicated that he will follow up and see why Canada Post was not included in previous subdivision applications 13. ADJOURN Being that the agenda matters have been concluded the meeting adjourned at 10:45 a.m. Signed by the Chairman and Director of Corporate Services this 7th day of May, 2020. � Chairman Director of orpor �e ervices Page 9 of 9