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HomeMy WebLinkAbout2021-01-07 Municipal Planning Commission (Regular) MinutesCOUNTY OF NEWELL MUNICIPAL PLANNING COMMISSION MEETING January 7, 2021 The regular Municipal Planning Commission Meeting of the County of Newell was held in the County Office at Brooks, AB and livestreamed to the public via Lifesize on Thursday, January 7, 2021 commencing at 10:01 a.m. A notice was posted at the front entrance advising the public of the meeting. There were no 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 A. Nielsen, Executive Assistant T. Green, Moderator OTHERS IN S. Stanway, Brooks Bulletin ATTENDANCE: D. Rempel, Applicant (DP 2020078) 1. 2. CALL TO ORDER The Chairman called the meeting to order at 10:01 a.m. EXCUSED FROM MEETING All members were present. 3. MINUTES 3.1 December 10, 2020 Meeting Minutes P-01/21 MOVED BY COUNCILLOR HUBY KALLEN that the minutes of the December 10, 2020 Municipal Planning Commission meeting be adopted as presented. MOTION CARRIED Municipal Planning Commission January 7, 2021 4. CALL FOR POST AGENDA ITEMS The Chairman called for post agenda items. 5. ADOPTION OF AGENDA P-02/21 MOVED BY COUNCILLOR MOLLY DOUGLASS that the agenda be adopted as presented. MOTION CARRIED 6. DEVELOPMENT REPORT The Development Clerk was available to respond to questions. This item was accepted as information. 8. DEVELOPMENT PERMITS 8.1 DP 2020078 - SE 5-20-14 W4M, Home Occupation 2, operation of a vehicle sales business The Development Clerk provided background information on the proposed development permit application. The applicant was present to respond to questions. The applicant reported that the Development Clerk has been a great help throughout the development process. He responded to questions from the Municipal Planning Commission, indicating that repairs and maintenance on the vehicles would be done by himself and inspections conducted by an independent third party. P-03/21 MOVED BY COUNCILLOR LIONEL JUSS That the Municipal Planning Commission APPROVE the Home Occupation Permit 2020078 to establish a vehicle sales business, on lands legally described as SE 5-20-14 W4M. This development approval is subject to the conditions outlined below. DP 2020078 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), Standards of Development (Schedule 3) and Home Occupations (Schedule 4 Section 9), 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 1. This approval is effective as of January 27, 2021 (21-day appeal period). Page 2 of 8 Municipal Planning Commission January 7, 2021 2. The development must be located as shown on the site plan approved with the application and submitted December 9, 2020. Any changes shall require the written approval of the Development Authority. 3. Any additional development shall require prior approval of a separate permit application. 4. That there are no more than 2 resident employees involved in the operation of this business. 5. That the applicant maintains a 4-vehicle maximum on the parcel for the commercial business. The proposed development must comply with: 1. The provisions pertaining to the Agriculture District and all relevant schedules, as outlined in the County of Newell Land Use Bylaw 1892-17. 2. All Federal, Provincial and Municipal statutes, regulations, codes and standards. 3. All Alberta Building Codes and Safety Codes, where applicable. MOTION CARRIED LEFT THE MEETING D. Rempel left the meeting at 10:11 a.m. 7. SUBDIVISIONS 7.1 2020-0-052 - W 1 /2 25-18-16W4M, To separate the existing railway right of way into separate parcels in order to consolidate with the adjacent lands. The Supervisor of Planning & Development provided background information on the proposed subdivision application. The Municipal Planning Commission was given the opportunity to ask questions. P-04/21 MOVED BY COUNCILLOR TRACY FYFE that the Agricultural subdivision of the W'h 25- 18-16W4M (Certificate of Title No. 181 265 448+1), to subdivide a parcel, approximately 0.845 hectares (2.09 acres) in size to be consolidated with the NW 25-18-16W4M (Certificate of Title No. 201 091 221) and the SW 25-18-16W4M (Certificate of Title No. 201 091 122+1) 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 the subdivided lands be consolidated with the adjacent parcels in such a manner that the resulting Certificate of Title could not be subdivided without the approval of the Subdivision Authority. Page 3 of 8 Municipal Planning Commission January 7, 2021 REASONS: 1. The proposed subdivision is consistent with the South Saskatchewan Regional Plan and complies with both the Municipal Development Plan 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 Regulations. INFORMATIVE: 1. The proposed subdivision complies with Section 663(a) of the Municipal Government Act, therefore Municipal Reserve is not required. 2. The legal description for the proposed parcel must be approved by the Surveys Branch, Land Titles Office, Calgary. 3. The applicant / owner must be aware 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 approvals, permits, authorizations, consents or licenses that may be required to subdivide, develop and/or service the affected land (this may include but is not limited to Alberta Environment and Parks, Alberta Transportation, and the Department of Fisheries and Oceans). 4. There were no objections from any of the referral agencies or adjacent landowners. MOTION CARRIED 7.2 2020-0-060 - NW 32-19-14W4M, To subdivide a 0.083 hectare (0.21 acre) portion of Parcel B, Plan 8263FG, to be consolidated with Lot 2, Block 1, Plan 801 1370. The Supervisor of Planning & Development provided background information on the proposed subdivision application. The Supervisor of Planning & Development responded to questions regarding the existing structures, indicating that while the shed does not meet the required setbacks, it is portable and can be moved easily if necessary. P-05/21 MOVED BY COUNCILLOR LIONEL JUSS that the Country Residential subdivision to reconfigure 2 existing titles by subdividing a 0.083 hectares (0.21 acre) portion of Parcel B, Plan 8263FG (Certificate of Title No. 971 083 412) within the NW 32-19-14W4M to be consolidated with Lot 2, Block 1, Plan 801 1370 (Certificate of Title No. 201 213 555) be approved subject to the following: RESERVE: The municipal reserve requirement, pursuant to Sections 666 and 667 of the Municipal Government Act, be provided as money in lieu of municipal reserve on the 0.083 hectare (0.21 acre) portion to be consolidated with Lot 2, Block 1, Plan 801 1370. The total amount owing will be $84.00 (10% of $4000/acre as per policy x 0.21 acres) Page 4 of 8 Municipal Planning Commission January 7, 2021 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 the lands be consolidated in a manner such that the resulting Certificate of Title could not be subdivided without the approval of the Subdivision Authority. REASONS: The proposed subdivision is consistent with the South Saskatchewan Regional Plan and complies with both the Municipal Development Plan 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 Regulations. INFORMATIVE: The legal description for the proposed parcel must be approved by the Surveys Branch, Land Titles Office, Calgary. 2. The applicant / owner must be aware 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 approvals, permits, authorizations, consents or licenses that may be required to subdivide, develop and/or service the affected land (this may include but is limited to Alberta Environment and Parks, Alberta Transportation, and the Department of Fisheries and Oceans). 3. The subject parcel has a 500 sq ft shop and a portable shed. The structures currently do not meet the required setbacks of the Land Use Bylaw, but the shop will be compliant when the consolidation is finalized. The portable shed can be moved in order to maintain the required setbacks or will require a variance. 4. Alberta Transportation — Leah Olson "Reference your file to create a boundary adjusted/consolidated parcel for country residential use at the above noted location. The proposal is contrary to Section 14 and subject to the requirements of Section 15(2) of the Subdivision and Development Regulation, being Alberta Regulation 43/2002, consolidated up to 188/2017("the regulation"). Alberta Transportation's primary objective is to allow subdivision and development of properties in a manner that will not compromise the integrity and associated safe operational use or the future expansion of the provincial highway system. To that end, this is merely a boundary adjustment of which currently and as proposed the proposed parcel to be created and remnant land will gain indirect access to the provincial highway system solely by way of the local road system. As such, strictly from Alberta Transportation's point of view, we do not anticipate that the boundary WAS Page 5 of 8 Municipal Planning Commission January 7, 2021 adjusted/consolidated country residential parcel as proposed would have any appreciable impact on the highway. Therefore, pursuant to Section 16 of the regulation, in this instance Alberta Transportation grants a waiver of said Sections 14 and 15(2). Notwithstanding the foregoing, the applicant would be advised that any development within the right-of-way or within 300 metres beyond the limit of the highway or within 800 metres from the center point of the intersection of the highway and another highway would require the benefit of a permit from Alberta Transportation. This requirement is outlined in the Highways Development and Protection Regulation, being Alberta Regulation 326/2009. The subject property is not within the noted control lines and given that development setbacks will be maintained by default and all access to the highway is indirect by way of the local road system, in this instance a permit from Alberta Transportation will not be required and development of the boundary adjusted/consolidated country residential parcel could proceed under the direction, control and management of the county. The applicant could contact the undersigned, at Lethbridge 403/382-4052, in this regard. Alberta Transportation accepts no responsibility for the noise impact of highway traffic upon any development or occupants thereof. Noise impact and the need for attenuation should be thoroughly assessed. The applicant is advised that provisions for noise attenuation are the sole responsibility of the developer and should be incorporated as required into the subdivision/development design. Any peripheral lighting (yard lights/area lighting) that may be considered a distraction to the motoring public or deemed to create a traffic hazard will not be permitted. Further, should the approval authority receive any appeals in regard to this application and as per Section 678(2.1) of the Municipal Government Act and Section 5(5)(d) of the regulation, Alberta Transportation agrees to waive the referral distance for this particular subdivision application. As far as Alberta Transportation is concerned an appeal of this subdivision application may be heard by the local Subdivision and Development Appeal Board provided that no other provincial agency is involved in the application." 5. There were no objections from ATCO Gas or TELUS. MOTION CARRIED 7.3 2020-0-061 - N 1 /2 17-21-15W4M, To subdivide a ± 3.7 ha. (± 9.3 ac.) portion from Lot 1, Block 1, Plan 091 3712 and a ± 4.2 ha. (± 10.4 ac.) portion from Lot 2, Block 1, Plan 091 3712 to be consolidated with the NE 17-21-15W4M. The Supervisor of Planning & Development provided background information on the proposed subdivision application. The Municipal Planning Commission was given the opportunity to ask questions. P-06/21 MOVED BY COUNCILLOR ELLEN UNRUH that the Agricultural subdivision of a 3.7 hectares (9.3 acre) portion from Lot 1, Block 1, Plan 091 3712 (Certificate of Title No. 091 245 216) and a 4.2 ha. (10.4 ac.) portion from Lot 2, Block 1, Plan 091 3712 (Certificate Page 6 of 8 Municipal Planning Commission January 7, 2021 of Title No. 091 245 216 +1), both parcels to be consolidated with the NE 17-21-15W4M (Certificate of Title No. 091 245 216 +2) 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 the subdivided lands be consolidated with the adjacent parcel legally known as the NE 17-21-15W4M in such a manner that the resulting Certificate of Title could not be subdivided without the approval of the Subdivision Authority. REASONS: 1. The proposed subdivision is consistent with the South Saskatchewan Regional Plan and complies with both the Municipal Development Plan 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 Regulations. INFORMATIVE: 1. The proposed subdivision complies with Section 663(a) of the Municipal Government Act, therefore Municipal Reserve in not required. 2. The legal description for the proposed parcel must be approved by the Surveys Branch, Land Titles Office, Calgary. 3. There will be no additional parcels created 4. The applicant / owner must be aware 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 approvals, permits, authorizations, consents or licenses that may be required to subdivide, develop and/or service the affected land (this may include but is not limited to Alberta Environment and Parks, Alberta Transportation, and the Department of Fisheries and Oceans). 5. There were no objections heard from any of the referral agencies or adjacent landowners. 9. POST AGENDA ITEMS MOTION CARRIED There were no post agenda items to discuss at this meeting. 10. IN CAMERA There were no in camera items to discuss at this meeting. Page 7 of 8 Municipal Planning Commission January 7, 2021 11. QUESTION PERIOD A question period was held. 12. ADJOURN Being that the agenda matters have been concluded the meeting adjourned at 10:21 a.m. Signed by the Chairman and Director of Corporate Services this 21ST Day of January, 2021. Chairman ,Yavvr, 4L- Director o C p ate Services Page 8 of 8