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HomeMy WebLinkAbout2021-04-22 Municipal Planning Commission (Regular) MinutesCOUNTY OF NEWELL MUNICIPAL PLANNING COMMISSION MEETING April 22, 2021 The regular Municipal Planning Commission Meeting of the County of Newell was held in the County Office at Brooks, AB on Thursday, April 22, 2021 commencing at 10:01 a.m. 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: M. Fenske, CAO L. Johnson, Director of Corporate Services G. Tiffin, Manager of Planning, Development & Engineering M. Jackson, Supervisor of Planning & Development S. Simpson, Development Clerk P. Elliott, Administrative Assistant - Planning T. Green, Moderator OTHERSIN ATTENDANCE: 1. CALL TO ORDER S. Stanway, Brooks Bulletin The Chairman called the meeting to order at 10:01 a.m. 2. EXCUSED FROM MEETING All members were present. 3. MINUTES 3.1 Minutes - Municipal Planning Commission (April 8, 2021) P34121 MOVED BY COUNCILLOR HUBY KALLEN that the minutes of the April 8, 2021 Municipal Planning Commission meeting be adopted as presented. i, MOTION CARRIED Municipal Planning Commission April 22, 2021 4. CALL FOR POST AGENDA ITEMS The Chairman called for post agenda items. 5. ADOPTION OF AGENDA P-35121 MOVED BY COUNCILLOR ELLEN UNRUH that the agenda be adopted as presented. MOTION CARRIED 6. DEVELOPMENT PERMITS 6.1 DP 2021022 - Lot 1, Block 1, Plan 0312492, NW 19-18-14 W4M, Construction of an accessory building, approval of an existing building for commercial use. The Development Clerk provided background regarding the permit application. MPC inquired about the right-of-way that runs west along the north side of the property. The Manager of Planning, Development & Engineering explained that it is an Eastern Irrigation District pipeline that runs through some of the parcels in the Martin subdivision. MPC asked what was the height of the stub wall that was being constructed on the top of the containers. The Development Clerk indicated that the wall height will be 14 feet as noted on the sketch. There was a discussion regarding concerns with the building construction and height. The Development Clerk commented that the structure will have to meet all Alberta Building Codes as well as having 3 inspections performed prior to receiving final approval. MPC, referencing the submitted drawing, asked if clearer sketches could be provided. The Development Clerk indicated that the submitted drawing was used to show how the building sat on the land, but more accurate drawings would be submitted when the building permit is requested. The Manager of Planning, Development & Engineering indicated that the building would be required to meet all the Alberta Safety Code requirements and would be inspected by Park Enterprises to ensure the integrity of the structure. P-36121 MOVED BY COUNCILLOR BRIAN DE JONG That the Municipal Planning Commission APPROVE Development Permit 2021022 for the construction of a 334 m2 (3600 ftz) accessory building and an existing 223 m2 (2400 ftz) accessory building with a variance to the setback of the registered right-of-way, on lands legally described as Lot 1, Block 1, Plan 0312492, NW 19-18-14 W4M. This development approval is subject to the conditions outlined below. DP 2021022 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 Industrial District (Schedule 2) Page 2 of 6 Municipal Planning Commission April 22, 2021 and Standards of Development (Schedule 4) as specified in the County of Newell l 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 12, 2021 (21-day appeal period). b) The development must be located as shown on the site plan approved with the application and submitted March 19, 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) The applicant/owner must obtain all construction permits applicable to development and is responsible to ensure all permits are closed with work complying to the building code. d) Any additional development shall require prior approval of a separate permit application. e) That all structures must be setback 3 m (10 ft) from a registered right of way, with the exception of the 1.2 m (4 ft) variance on the historical accessory building. f) That the following setbacks on all sides are maintained for this development: Front (north) 30 m (100 ft) Side (east): 7.6 m (25 ft) Rear (south): 15 m (50 ft) Side (west): 18 m (60 ft) The proposed development must comply with: a) The provisions pertaining to the Rural Industrial 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 6.2 DP 2021024 - Block PCL A, Plan 776GJ, NE 24-16-14 W4M, Installation of a Manufactured 2, approval of existing historical garage and agricultural building with a variance to the side yard setback for residential use. The Development Clerk provided background information regarding permit application. MPC commented that in the past, there have been issues with the removal of a second home not taking place and, in this instance, if the dwelling is not removed, how will it be dealt with. The Development Clerk replied that staff does not inspect a property to ensure that a dwelling has been removed, but she indicated that it would be noted by the assessor at the time of tax assessment. The Development Clerk indicated that in this instance, the removal of the existing dwelling is listed as a condition, which allows staff to confirm that Condition d) has been satisfied. MPC asked if the security deposit was normally refunded once all conditions of the permit were met. The Development Clerk explained that once all the safety codes permits have been approved and closed on the new building the security deposit would be refunded. There was further Page 3 of 6 Municipal Planning Commission April 22, 2021 discussion regarding the requirements and when the security deposit would be refunded. r Councillor K. Christman moved that the last sentence of condition f) be removed so the applicant will be required to meet all permit conditions prior to the security deposit being refunded. P-37121 MOVED BY COUNCILLOR KELLY CHRISTMAN That the Municipal Planning Commission APPROVE Development Permit 2021024, for the installation of a 111.5 m2 (1200 ft2) manufactured home 2 with a 14 m2 (150 ft2) addition and a 35.3 m2 (380 ftz) deck, the age of the manufactured home is 2001. In addition, approval of a historical 62.4 m2 (672 ft2) garage and 178.4 m2 (1920 ftz) agriculture building on the site with a variance to the setback, on lands legally described as PCL A, Plan 776GJ, NE 24-16-14 W4M. This development approval is subject to the conditions outlined below. DP 2021024 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 May 12, 2021 (21-day appeal period). b) The development must be located as shown on the site plan approved with the application and submitted March 22, 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 existing single family dwelling be removed within one year of the approval of this development permit, May 12, 2022. e) That there is a 10 ft (3 m) separation distance between the new dwelling and any other buildings or structures on the site. f) That the developer shall provide a $5000.00 security deposit, as the minimum required amount under County Land Use Bylaw 1892-17. g) The developer must start construction before May 12, 2022 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 (north): 30 m (100 ft) Side (west): 7.6 m (25 ft) Side (east): 7.6 m (25 ft) Side (east): 4.6 m (15 ft); variance from 7.6 m (25 ft) for the 178.4 m2 (1920 ft2) agriculture building only 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 Page 4 of 6 Municipal Planning Commission April 22, 2021 standards. c) All Alberta Building Codes and Safety Codes, where applicable. MOTION CARRIED 6.3 DP 2021026 - Block 6, Plan 9910625, NE 5-20-14 W4M, Installation of roof mount solar panels covering 50 m2 (533 ft2) and 72 mz (779 ft2) of area on an accessory building to produce 10 kw of energy. The Development Clerk provided background information on the proposed permit. MPC inquired on the requirements of Condition f) as solar panels are made to absorb sunlight, not reflect. The Supervisor of Planning & Development indicated that the condition is out of the current Land Use Bylaw and allows for any remediation should there be a complaint from a neighbouring parcel or road in the future. P-38121 MOVED BY COUNCILLOR ANNE MARIE PHILIPSEN That the Municipal Planning Commission APPROVE Development Permit 2021026, for the installation of roof mount solar panels covering 50 m2 (533 ftZ) and 72 m2 (779 ft2) of area on an agriculture building to produce 10 kw of energy, on lands legally described as Block 6, Plan 9910625, NE 5- 20-14 W4M. This development approval is subject to the conditions outlined below. DP 2021026 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 12, 2021 (21-day appeal period) b) The development must be located as shown on the site plan approved with the application and submitted March 25, 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 applicant/owner must obtain all construction permits applicable to development and is responsible to ensure all permits are closed with work complying to the building code. f) Solar panels must be located such that they do not create undue glare on neighbouring parcels or public roadways. g) Solar panels must not extend beyond the outmost edge of the roof. h) That the developer must start construction before May 12, 2022. 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. Page 5 of 6 Municipal Planning Commission April 22, 2021 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 7. POST AGENDA ITEMS There were no post agenda items. 8. IN CAMERA There were no in camera items. 9. INFORMATION ITEMS 9.1 LA20034 - Quintus Dairy Ltd. 9.2 LA21009 - Clearview Farming 10. QUESTION PERIOD 11. ADJOURN l Being that the agenda matters have been concluded the meeting adjourned at 10:52 a.m. Signed by the Chairman and Director of Corporate Services this -419— Day of — IA 2021. 7 J�Z� Chairman 'la'e'vw &� Director of C&&ate Services �J Page 6 of 6