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Home My WebLink About2014-12-11 Municipal Planning Commission (Regular) MinutesCounty of Newell MUNICIPAL PLANNING COMMISSION MEETING December 11, 2014 The regular Municipal Planning Commission Meeting of the County of Newell was held in the County Office at Brooks, AB on Thursday, December 11, 2014 commencing at 10:00 a.m. MEMBERS PRESENT: ABSENT: M. Douglass, Councillor A.M. Philipsen, Councillor, Vice M.P.C. Chair B. de Jong, Councillor L. Juss, Councillor G. Simpson, Councillor & M.P.C. Chair C. Amulung, Councillor W. Hammergren, Councillor K. Christman, Councillor T. Fyfe, Councillor E. Unruh, Councillor 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 OTHERSIN ATTENDANCE: 1. CALL TO ORDER S. Stanway, Brooks Bulletin M. Dumont, Brooks Chronicle The Chairman called the meeting to order at 10: 00 a.m. 2. EXCUSED FROM MEETING All members were present. 3. MINUTES a) November 21, 2014 Meeting Minutes The following change was made to the November 21, 2014 MPC minutes: Remove D. Horvath, Planner - ORRSC and A. Wickert, Manager of Planning and Development from the Roll Call. P-121/14 MOVED BY COUNCILLOR A.M. PHILIPSEN that the minutes of the November 21, 2014 Municipal Planning Commission meeting be adopted as amended. 10 MOTION CARRIED 4. CALL FOR POST AGENDA ITEMS The Chairman called for post agenda items. 5. ADOPTION OF AGENDA P-122/14 MOVED BY COUNCILLOR K. CHRISTMAN that the agenda be adopted as presented. MOTION CARRIED 6. DEVELOPMENT REPORT a) Permitted Use Report - November 2014 There were no questions from MPC. P-123/14 MOVED BY COUNCILLOR W. HAMMERGREN that the Development Report be adopted as presented. MOTION CARRIED 7. SUBDIVISIONS a) 2014-0-167 - Lot 1, Block 11, Plan 1013498 within NE 32-19-14 W4M The County Planner provided background information on the proposed subdivision. Councillor G. Simpson asked when the 20 m caveat would come into effect. The County Planner replied that if the Highway 873 upgrading went forward or if there was an application for future subdivision, then the caveat would come into effect. Councillor B. de Jong inquired about policy concerning grandfathering existing accesses to Highway 873. The County Planner responded that Alberta Transportation's policy is that all access to Provincial highways is on a temporary basis, and that no access is guaranteed or grandfathered. P-124/14 MOVED BY COUNCILLOR L. JUSS that the Country Residential subdivision of Lot 1, Block 11, Plan 1013498 within NE1/4 32-19-14-W4M, to create one (1) new parcel approximately 7.82 acres (0.74 ha) in size, containing an existing farmstead, from a previously subdivided quarter section for residential use; BE APPROVED subject to the following: 1. That all outstanding property taxes shall be paid to the County of Newell. 2. That the proposed parcel be reduced in size to remove the 11.0 m panhandle yet sufficient to accommodate existing building, structures and improvements. 3. That a 20 -metre wide service road right-of-way shall be dedicated by caveat located perpendicular and across the highway frontage of the remnant land to comply with Section 15(2) of the Subdivision and Development Regulation. The applicant should contact Alberta Transportation to finalize this condition. MOTION CARRIED b) 2014-0-168 - SE 4-20-14 W4M The County Planner provided background information on the proposed subdivision. There were no questions from MPC. P-125/14 MOVED BY COUNCILLOR M. DOUGLASS that the Country Residential subdivision of SE1/4 4-20-14-W4M, to create one (1) new parcel approximately 2.31 acres (0.93 ha) in size, containing an existing farmstead, from a previously subdivided quarter section for residential use BE APPROVED subject to the following: 1. That all outstanding property taxes shall be paid to the County of Newell. 2. That the Municipal Reserve of 10%, be provided as money in place of land on the 2.31 acres at the market value of $1500.00 per acre (approximately $346.50) with the actual acreage and amount to be paid to the County of Newell be determined at the final stage. 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 3921 - Lot 4, Block 1, Plan 0212472, NE 31-20-14 W4M The Development Clerk provided background information on the proposed development permit. Councillor C. Amulung inquired if the applicant had a permit to develop the initial structures, and if so, were the structures constructed prior to the new setback requirements. The Manager of Planning & Development replied that the buildings would have met the 20 ft setback requirements of the Land Use Bylaw at the time; however, since no permits were taken out, the structures are non-compliant. The 01 County Planner added that for compliance requests, where no permits exist, the structures must meet the requirements of the current Land Use Bylaw. P-126/14 MOVED BY COUNCILLOR B. DE JONG That the Municipal Planning Commission APPROVE Development Permit #3921, for a 170 ft2 (16 m2) shelter with a 12 ft (3.7 m) variance to the rear yard setback, subject to the conditions outlined below. This permit is being granted only to provide approval for a 170 ft2 (16 m2) shelter with a 12 ft (3.7 m) variance to rear yard setback, on lands legally described as Lot 4, Block 1, Plan 0212472, NE 31-20-14 W4M. Any additional development shall require prior approval of a separate permit application. The proposed development complying with: a) The provisions pertaining to the Acreage Residential District and all relevant schedules, as outlined in the County of Newell Land Use Bylaw #1755-12. b) All Federal, Provincial and Municipal statutes, regulations, codes and standards. c) All Alberta Building Codes and Safety Codes, where applicable. Reasons for Approval The Municipal Planning Commission has approved DP #3921 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 #1755-12. 3. No objections have been received from adjacent landowners or referral agencies with respect to the proposed development. Conditions of Development a) That this development is located as shown on the site plan provided with this application and submitted November 7, 2014. Any changes to that plan shall require the written approval from the Development Officer. b) That the property is not used for conducting a business or commercial operation without first obtaining the required permits. c) That the following setbacks are maintained for this development: Front (north): 50 ft (15.2 m) Side (east and west): 25 ft (7.6 m) Rear (north): 13 ft (3.9 m) variance from 25 ft (7.6 m) d) That the accessory building is not used for living purposes. MOTION CARRIED b) DP 3924 - Lot 4, Block 1, Plan 0212472, NE 31-20-14 W4M • The Development Clerk provided background information on proposed development permit. The Manager of Planning & Development explained that the applicant had been provided a permit previously and thought that the correct setback had been used. The applicant used the fence line as the property line, but the two were not the same, so the setback was incorrect. She added that the Eastern Irrigation District had no issues with the original development, for this application, they feel the structure is too close the canal right-of-way. ARRIVED AT MEETING Michelle Gietz arrived at 10:34 a.m. There was further discussion about the property line and the landowner's responsibility to ensure the setback is correct. The County Planner suggested that, in considering the setback variance request, MPC should consider the following: is there merit to the waiver request, will the location of the pump house impact the Eastern Irrigation District's operations? P-127/14 MOVED BY COUNCILLOR C. AMULUNG that the Municipal Planning Commission APPROVE Development Permit #3924, for a 199 ft2 (18 m2) pump house with a 22 ft (6.7 m) variance to the rear yard setback, subject to the conditions outlined below. This permit is being granted only to provide approval for a 199 ft2 (18 m2) pump house with a 22 ft (6.7 m) variance to the rear yard setback, on lands legally described as Lot 4, Block 1, Plan 0212472, NE 31-20-14 W4M. Any additional development shall require prior approval of a separate permit application. The proposed development complying with: a) The provisions pertaining to the Acreage Residential District and all relevant schedules, as outlined in the County of Newell Land Use Bylaw #1755-12. b) All Federal, Provincial and Municipal statutes, regulations, codes and standards. c) All Alberta Building Codes and Safety Codes, where applicable. Reasons for Approval The Municipal Planning Commission has approved DP #3924 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 #1755-12. Conditions of Development a) That this development is located as shown on the site plan provided with this application and submitted November 14, 2014. Any changes to that plan shall require the written approval from the Development Officer. b) That the property is not used for conducting a business or commercial operation without first obtaining the required permits. c) That the following setbacks are maintained for this development: Front (north): 50 ft (15.2 m) Side (east and west): 25 ft (7.6 m) Rear (north): 3 ft (.87 m), variance from 25 ft (7.6 m) d) That the accessory building is not used for living purposes. MOTION CARRIED 9. POST AGENDA ITEMS There were no post agenda items. 10. IN CAMERA There were no in camera items. 11. INFORMATION ITEMS a) Rogers Proposed Telecom Tower Site - W 5-16-13 W4M (SH 875/East Scandia) The Manager of Planning & Development reported that Rogers Communications will hold an Open House for both proposed tower sites: one in Gem and the other in Rolling Hills. She added that the circulation to adjacent landowners was mailed on 10 Monday, December 8, 2014. Councillor B. de Jong commented that he was unable to locate the tower height and markingAighting requirements. The County Planner informed MPC that NavCanada regulates tower requirements, including lighting and marking provisions. She added that the County has the option of contacting Industry Canada if they feel the tower is not being constructed according to the issued permit. b) Rogers Proposed Telecom Tower Site - NW 6-25-15 W4M (Finnegan) 12. QUESTION PERIOD 13. ADJOURN Being that the agenda matters have been concluded the meeting adjourned at 10:44 a.m. Signed by the Chairman and Director of Corporate Services this Day of '� )4Vj ci A t2l , 201 Chai an 44,, - Director of Corporatea ices