HomeMy WebLinkAbout2021-02-11 Municipal Planning Commission (Regular) MinutesP-11121
COUNTY OF NEWELL
MUNICIPAL PLANNING COMMISSION MEETING
February 11, 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, February
11, 2021 commencing at 10:00 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
P. Elliott, Administrative Assistant - Planning
T. Green, Moderator
OTHERS IN
ATTENDANCE:
CALL TO ORDER
S. Stanway, Brooks Bulletin
J. Tilma, Applicant, DP2020081, DP2020082
The Chairman called the meeting to order at 10:00 a.m.
2. EXCUSED FROM MEETING
All members were present.
3. MINUTES
3.1 Minutes - Municipal Planning Commission (January 21, 2021)
MOVED BY COUNCILLOR HUBY KALLEN that the minutes of the January 21, 2021
Municipal Planning Commission meeting be adopted as presented.
MOTION CARRIED
Municipal Planning Commission
February 11, 2021
4. CALL FOR POST AGENDA ITEMS
The Chairman called for post agenda items.
S. ADOPTION OF AGENDA
P-12121 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. This item was accepted
as information.
7. SUBDIVISIONS
7.1 2020-0-059 - SE 28-17-13W4M, To create one new parcel, approximately 1.80
hectares (4.45 acres) in size, containing an existing farmstead, from the Legal
Subdivisions 2 and 7 in the SE 28 17-13W4M.
The Supervisor of Planning & Development provided background information on
the proposed subdivision application.
There was a discussion regarding the location and use of the dugout. The
Supervisor of Planning & Development indicated that the agreement would be
drafted by a lawyer and registered on the title of the proposed subdivision and
remnant parcel.
P-13121 MOVED BY COUNCILLOR BRIAN DE JONG THAT the Residential subdivision of
Legal Subdivisions 2 and 7 in the SE 28-17-13W4M (Certificate of Title No. 151 162
726), to create one new parcel, approximately 1.80 hectares (4.45 acres) in size,
containing an existing residence and improvements 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)(a) of the Municipal Government Act, Land Use
Amendment Bylaw 2000-21 be given third reading by Council prior to subdivision
endorsement.
3. 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 a new
approach with the County of Newell which shall be registered concurrently with the
final plan against the title(s) being created.
4. That an agreement be established for the encroachment and joint use of the dugout
between the newly subdivided parcel and the remnant parcel in accordance with
section 68 of the Land Titles Act (RSA 2000).
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MUNICIPAL RESERVE:
Municipal Reserve, pursuant to Section 661 of the Municipal Government Act, be
provided as money in lieu of land on the approximately 1,80 hectares (4.45 acres)
proposed parcel. The land value as per Policy 2016-PAD-057 is $4000 per acre.
Money owing would be approximately $1780.00.
MOTION CARRIED
7.2 2020-0-062 - SE 17-19-15W4M, To subdivide a vacant parcel approximately
2.833 hectares (7.00 acres) from a previously unsubdivided quarter section of
land for county residential purposes.
The Supervisor of Planning & Development provided background information on
the proposed subdivision application.
There were no questions from MPC.
P-14121 MOVED BY COUNCILLOR ANNE MARIE PHILIPSEN THAT the residential subdivision
of the SE 17-19-15W4M (Certificate of Title No. 151 156 320), to create one new vacant
parcel, approximately 2.833 hectares (7.00 acres) in size 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. The developer is required to supply copies of any utility right of way plans,
easements, and/or agreements which are to be registered as a requirement for any
affected utilities to the County prior to the subdivision's registration with Alberta Land
Titles.
MUNICIPAL RESERVE:
The proposed subdivision complies with Section 663(a) of the Municipal Government
Act, therefore Municipal Reserve in not required.
MOTION CARRIED
8. DEVELOPMENT PERMITS
8.1 DP 2020081 - Lot 1, Block 2, Plan 1911442, SW 5-14-13 W4M, Approval of
existing Agriculture buildings and an existing single-family dwelling with an
attached garage.
The Development Clerk presented background information on the proposed
permit application.
MPC inquired on how the variances were missed when the new road plan to the
north had been registered. The Manager of Engineering, Planning &
Development indicated that they have discussed internally this sort of issue and
implementing the changes at the time for a subdivision application but not
necessarily at the permit stage. The Manager of Engineering, Planning &
Development added that this particular road registration with the applicant
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Municipal Planning Commission
February 11, 2021
happened prior to those discussions, but is on the radar going forward. The
current practice is to identify this type of situation in the subdivision application
and allow, at MPC's discretion, the parcel to carry on non -compliant.
P-15121 MOVED BY COUNCILLOR WAYNE HAMMERGREN That the Municipal Planning
Commission APPROVE Development Permit 2020081, for the approval of an existing
2200 ft2 (204 m2) single family dwelling with an 870 ft2 (81 m2) attached garage, 6000 ft2
(557 m2) shop and 4 grain bins with a variance to the setback to the road right of way on
the site, on lands legally described as Lot 1, Block 2, Plan 1911442, SW 5-14-13 W4M.
This development approval is subject to the conditions outlined below.
DP 2020081 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 3, 2021 (21-day appeal period).
b) The development must be located as shown on the site plan approved with the
application and submitted December 18, 2020.
c) Any additional development shall require prior approval of a separate permit
application.
d) That the following setbacks on all sides are maintained for this development:
Front (west): 5 ft (1.5 m); variance from 100 ft (30 m)
Side (north): 9 ft (2.7 m); variance from 100 ft (30 m)
Rear (east): 100 ft (30 m)
Side (south): 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
8.2 DP 2020082 - Lot 1, Block 2, Plan 1911442 - SW 5-14-13 W4M, Approval of
existing Agriculture buildings and construction of an addition with a variance to
the side setback.
The Development Clerk provided background information on the proposed permit
application.
Mr. Tilma indicated to MPC that he would like the new shed to be constructed in
the proposed location so that all of the buildings will be in the yard. Councillor C.
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Amulung noted that with a large drop-off on the property, Mr. Tilma was limited
on where he could place buildings.
P-16121 MOVED BY COUNCILLOR BRIAN DE JONG That the Municipal Planning Commission
APPROVE Development Permit 2020082, for the approval of an existing 7800 ft' (725
mZ) agricultural building and the construction of a 17655 ft' (1640 mZ) addition with a
variance to the setback, on lands legally described as Lot 1, Block 2, Plan 1911442, SW
5-14-13 W4M. This development approval is subject to the conditions outlined below.
DP 2020082 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 3, 2021 (21-day appeal period).
b) The development must be located as shown on the site plan approved with the
application and submitted December 18, 2020.
c) That there is a 10 ft (3 m) separation distance between the new building and any
other buildings or structures on the parcel.
d) The accessory building is not used for living purposes.
e) Any additional development shall require prior approval of a separate permit
application.
f) That the following setbacks on all sides are maintained for this development:
Front (west):
100 ft (30 m)
Side (north):
45 ft (14 m); variance from 100 ft (30 m)
Rear (east):
100 ft (30 m)
Side (south):
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
8.3 DP 2021003 - SE 1-19-15 W4M, Approval of existing agricultural building,
construction of an addition
The Development Clerk provided background information on the proposed permit
application.
There were no questions from MPC.
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P-17121 MOVED BY COUNCILLOR KELLY CHRISTMAN That the Municipal Planning
Commission APPROVE Development Permit 2021003 to approve an existing 1200 ft2
(111 mz) agriculture building and the construction of a 4000 ft2 (372 ml) addition on lands
legally described as SE 1-19-15 W4M. This development approval is subject to the
conditions outlined below.
DP 2021003 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 Fringe 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 3, 2021 (21-day appeal period).
b) The development must be located as shown on the site plan approved with the
application and submitted January 6, 2021. 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) The developer must start construction before March 3, 2022. In the event that this
date cannot be met, the developer may be required to apply for a new permit.
f) That the following setbacks on all sides are maintained for this development:
Front (east): 100 ft (30 m)
Side (north): 25 ft (3 m)
Rear (west): 25 ft (3 m)
Side (south): 984 ft (300 m) as per Alberta Transportation
The proposed development must comply with:
a) The provisions pertaining to the Fringe 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.
9. POST AGENDA ITEMS
There were no post agenda items.
10. IN CAMERA
There were no in camera items.
MOTION CARRIED
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11. INFORMATION ITEMS
These items were accepted as information.
11.1 CS Tilley Solar GP Project
11.2 LA20050 - MCF Feedyards (a division of MCF Holding Ltd.)
12. QUESTION PERIOD
13. ADJOURN
Being that the agenda matters have been concluded the meeting adjourned at 10:31 a.m.
Signed by the Chairman and Director of Corporate Services this A. r Day of
2021.
Director of Corpo
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