HomeMy WebLinkAbout2020-09-10 Municipal Planning Commission (Regular) MinutesCOUNTY OF NEWELL
MUNICIPAL PLANNING COMMISSION MEETING
September 10, 2020
The regular Municipal Planning Commission Meeting of the County of Newell was held in the County
Office at Brooks, AB on Thursday, September 10, 2020 commencing at 10:00 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.
There were members of the public 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
G. Tiffin, Manager of Engineering, Planning & Development
M. Jackson, Supervisor of Planning & Development
S. Simpson, Development Clerk
P. Elliott, Administrative Assistant, Planning & Development
T. Green, Moderator
OTHERS IN S. Stanway, Brooks Bulletin
ATTENDANCE: C. Burns, Applicant, DP 2020037
D. Heggs, Ratepayer, DP 2020037
H. Friesen, Applicant, DP 2020048
1. CALL TO ORDER
The Chairman called the meeting to order at 10:00 a.m.
2. EXCUSED FROM MEETING
All members were present.
3. MINUTES
3.1 August 6, 2020, 2020 Meeting Minutes
P-68120 MOVED BY COUNCILLOR ANNE MARIE PHILIPSEN that the minutes of the August 6, 2020,
Municipal Planning Commission meeting be adopted as presented.
MOTION CARRIED
Municipal Planning Commission
September 10, 2020
4. CALL FOR POST AGENDA ITEMS
The Chairman called for post agenda items.
5. ADOPTION OF AGENDA
P69/20 MOVED BY COUNCILLOR KELLY CHRISTMAN that the agenda be adopted as presented.
MOTION CARRIED
6. DEVELOPMENT REPORT
The Development Clerk was available to respond to questions from MPC. This item was
accepted as information.
7. SUBDIVISIONS
7.1 2020-0-047 - SE 22-15-16 W4M, To create one new parcel, approximately ± 7.046
hectares (± 17.40 acres) in size, containing an existing farmstead, from a previously
unsubdivided quarter section for residential use
The Supervisor of Planning & Development provided background information on the
subdivision application. There were no questions from MPC.
P-60/20 MOVED BY COUNCILLOR WAYNE HAMMERGREN that the Municipal Planning Commission
APPROVE the Subdivision of the SE 22-15-15 W4M to create one new parcel, approximately
7.046 hectares (17.40 acres) in size, containing an existing dwelling and outbuildings from a
previously unsubdivided quarter section for residential use subject to the following conditions:
1. That, pursuant to Section 654 (1)(d) of the Municipal Government Act, all outstanding property
taxes be paid.
2. That all Access Right of Ways be registered concurrently with the plan of subdivision.
Reasons:
1. The proposed subdivision is consistent with the South Saskatchewan Regional Plan (SSRP),
the Municipal Development Plan (MDP), and the Land Use Bylaw.
2. The Subdivision Authority is satisfied that the proposed subdivision is suitable for the purpose
for which the subdivision is intended pursuant to Section 7 of the Subdivision and
Development Regulation.
Discussion:
1. The proposed subdivision complies with Section 663(a) of the Municipal Government Act and
Municipal Reserve is not required.
2. The legal description for the proposed subdivision must be approved by the Survey Branch,
Land Titles Office, Calgary.
3, The applicant/owner is advised that other municipal, provincial or federal government or
agency approvals may be required as they relate to the subdivision and the applicant/owner is
responsible for verifying and obtaining any other approval, permit, authorization, consent or
license that may be required to subdivide, develop and/or service the affected land.
MOTION CARRIED
8. DEVELOPMENT PERMITS
8.1 DP 2020037 - NE 22-19-18 W4M, Approval of an existing moved in single family dwelling
(cabin), accessory building for residential use
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Municipal Planning Commission
September 10, 2020
The Development Clerk provided background information on the proposed permit
application.
C. Burns indicated that there is full vehicle access into the location. C. Burns explained that
there had been an incident on the river in August and the responding emergency vehicles
had no issues with access to the rescue site.
Councillor B. de Jong indicated that he had concerns with runoff from the outhouse into the
river and suggested that a liner be installed. C. Burns indicated that the soil in that location
was clay. Councillor B. de Jong was satisfied that a clay liner would be sufficient.
Councillor K. Christman asked how long the cabin had been in that location. C. Burns
indicated they had moved in a garage package after the 2013 flood.
P-61120 MOVED BY REEVE MOLLY DOUGLASS that the Municipal Planning Commission APPROVE
Development Permit 2020037, for the approval of an existing 484 ftz (45 mz) single family dwelling
(cabin) and a 176 ftZ (16 mz) shed on the site, on lands legally described as NE 22-19-18 W4M.
This development approval is subject to the conditions outlined below.
DP 2020037 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 September 30, 2020 (21-day appeal period).
b) The development must be located as shown on the site plan approved with the application
and submitted July 7, 2020.
c) The applicant obtain an access agreement by way of easement with NW 23-19-18 and SW
26-19-18 and it must be registered on the title.
d) Any additional development shall require prior approval of a separate permit application.
e) That the property is not used for conducting a business or commercial operation without first
obtaining the required permits.
f) That there is a 10 ft (3 m) separation distance between the new dwelling and any other
buildings or structures on the site.
g) That the following setbacks on all sides are maintained for this development:
Front (east): 100 ft (30 m)
Side (north): 100 ft (30 m)
Rear (west): 200 ft (60 m)
Side (south); 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
LEFT THE MEETING
C. Burns & D. Heggs left at 10:14 a. m.
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Municipal Planning Commission
September 10, 2020
8.2 DP 2020041 - Lot 4, Block 1, Plan 8910771, NW 33-19-14 W4M, Installation of a moved in
dwelling with attached garage and deck for residential use
The Development Clerk provided background information on the proposed permit application.
There were no questions from MPC.
P-62120 MOVED BY COUNCILLOR KELLY CHRISTMAN that the Municipal Planning Commission
APPROVE Development Permit 2020041, for the installation of a 1372 ft2 (127 m2) moved in
dwelling with attached 672 ft2 (62 m2) attached garage and 540 ft2 (50 m2) deck, on lands legally
described as Lot 4, Block 1, Plan 8910771, NW 33-19-14 W4M. This development approval is
subject to the conditions outlined below.
DP 2020041 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 September 30, 2020 (21-day appeal period) The
development must be located as shown on the site plan approved with the application and
submitted July 15, 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.
c) That the developer shall provide a $5000.00 security deposit, as the minimum required
amount under County Land Use Bylaw 1892-17. Once the development has passed
inspection by the County Safety Codes Officer (SCO), the security deposit will be refunded.
d) That the property is not used for conducting a business or commercial operation without first
obtaining the required permits.
e) That the following setbacks are maintained for this development:
Front (west): 50 ft (15.2 m)
Side (north & south): 25 ft (7.6 m)
Rear (east): 25 ft (7.6m)
f) That the developer must start construction before October 1, 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
8.3 DP 2020042 - NW 25-20-16 W4M, Installation of a Solar panel with a variance to service the
farm
The Development Clerk provided background information on the proposed permit
application.
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Municipal Planning Commission
September 10, 2020
Councillor A.M. Philipsen asked if there will be changes to the Land Use Bylaw (LUB) to
accommodate different types of solar installations. The Supervisor of Planning &
Development confirmed that this is an area where changes will be proposed.
P-63120 MOVED BY COUNCILLOR ELLEN UNRUH that the Municipal Planning Commission APPROVE
Development Permit 2020042, for the installation of a 785 ft2 (73 m2) free standing solar panel to
be used to service the farm site, on lands legally described as NE 25-20-16 W4M. This
development approval is subject to the conditions outlined below.
DP 2020042 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 September 30, 2020 (21-day appeal period).
b) The development must be located as shown on the site plan approved with the application
and submitted July 21, 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.
d) That the property is not used for conducting a business or commercial operation without first
obtaining the required permits.
e) 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
8.4 DP 2020047 - SW 19-19-14 W4M, Approval of an existing dwelling with a variance to the
side yard setback to be used as a second dwelling and a shed
The Development Clerk provided background information on the proposed permit
application.
Councillor B. de Jong asked which titles were being consolidated. The Development Clerk
responded that the 3 severed parcels outlined in blue on the attached map were the ones
being consolidated with the main JBS parcel.
P-64120 MOVED BY COUNCILLOR LIONEL JUSS that the Municipal Planning Commission APPROVE
Development Permit 2020047, for the approval of a 1440 ft2 (134 m2) single family dwelling with a
variance to the setback to be used as a 2nd dwelling and a 160 ft2 (15 m2) shed on the site, on
lands legally described as SW 19-19-14 W4M. This development approval is subject to the
conditions outlined below.
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Municipal Planning Commission
September 10, 2020
DP 2020047 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 September 30, 2020 (21-day appeal period).
b) The development must be located as shown on the site plan approved with the application
and submitted August 6, 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.
d) That there is a 10 ft (3 m) separation distance between the new dwelling and any other
buildings or structures on the site.
e) That the landowner consolidate Block 1, Plan 9010624 with SW 19-19-14 W4M.
f) That the following setbacks on all sides are maintained for this development:
Front (east): 25 ft (7.6 m)
Side (north): 13 ft (4 m); variance from 25 ft (7.6 m)
Side (south): 25 ft (7.6 m)
Rear (west): 100 ft (30 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
8.5 DP 2020048 - Lot 1, Block 1, Plan 9811171, NE 31-15-13 W4M, Installation of a moved in
dwelling as a 2nd Dwelling and construction of detached garage for residential use
The Development Clerk provided background information on the proposed permit
application.
H. Friesen explained that an oil company also holds an easement along the access road and
has agreed to share the access. H. Friesen indicated that more time will be required to
complete the paperwork.
P-65120 MOVED BY COUNCILLOR WAYNE HAMMERGREN that the Municipal Planning Commission
APPROVE Development Permit 2020048 for the installation of a 1460 W (136 mz) moved in
dwelling to be used as a second dwelling and construction of a 560 ft, (52 mZ) detached garage on
the site, on lands legally described as Lot 1, Block 1, Plan 9811171, NE 31-15-13 W4M. This
development approval is subject to the conditions outlined below.
DP 2020048 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.
Page 6 of 7
Municipal Planning Commission
September 10, 2020
Conditions of Development Approval:
a) This approval is effective as of September 30, 2020 (21-day appeal period).
b) The development must be located as shown on the site plan approved with the application and
submitted August 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.
c) Any additional development shall require prior approval of a separate permit application.
d) That the existing dwelling is removed upon occupancy of the new moved in dwelling.
e) That the applicant obtain an access easement with Lot 2, Block 1, Plan 9811171 to be
registered on the title.
f) That there is a 10 ft (3 m) separation distance between the new dwelling and any other
buildings or structures on the site.
g) That the developer shall provide a $5000.00 security deposit, as the minimum required amount
under County Land Use Bylaw 1892-17. Once the development has passed inspection by the
County Safety Codes Officer (SCO), the security deposit will be refunded.
h) The developer must start construction before September 30, 2021 In the event that this date
cannot be met, the developer may be required to apply for a new permit.
i) That the following setbacks on all sides are maintained for this development:
Front (east): 909 ft (277 m) as per Alberta Transportation
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
LEFT THE MEETING
H. Friesen left at 10:22 a.m.
9. POST AGENDA ITEMS
There were no post agenda items.
10. IN CAMERA
There were no in camera items.
11. QUESTION PERIOD
12. 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
CPT Cia f3 G to 2020.
Chairman
Director of C rp ate ervices
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