HomeMy WebLinkAbout2021-06-10 Municipal Planning Commission (Regular) MinutesCOUNTY OF NEWELL
MUNICIPAL PLANNING COMMISSION MEETING
June 10, 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, June 10,
2021 commencing at 10:04 a.m.
A notice was posted at the front entrance advising the public of the meeting. There were four
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: 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
OTHERS IN S. Stanway, Brooks Bulletin
ATTENDANCE: T. Declercq, Applicant DP 2021036
T. Tetzlaff, Applicant DP 2021037
H. Rommens, Applicant DP 2021038
C. Brown, Applicant DP 2021044
1. CALL TO ORDER
The Chairman called the meeting to order at 10:04 a.m.
2. EXCUSED FROM MEETING
All members were present.
Municipal Planning Commission
June 10. 2021
3. MINUTES
3.1 Minutes - Municipal Planning Commission (May 20, 2021)
P-48121 MOVED BY COUNCILLOR HUBY KALLEN that the minutes of the May 20, 2021
Municipal Planning Commission meeting be adopted as presented.
MOTION CARRIED
4. CALL FOR POST AGENDA ITEMS
The Chairman called for post agenda items.
S. ADOPTION OF AGENDA
P-49121 MOVED BY COUNCILLOR TRACY FYFE 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 2021-0-003 - SW 10-20-14W4M, To create one new parcel, approximately 2.833 ha.
(7.0 ac.) in size, containing an existing farmstead 2.732 ha. (6.75 ac.) to be
subdivided from the SW 10-20-14W4M (Certificate of Title 201 108 902) and 0.101
ha. (0.25 ac.) from the NW 3-20-14W4M (Certificate of Title 201 033 950 +1).
The Supervisor of Planning & Development provided background information on the
proposed subdivision application.
There were no questions.
P-50121 MOVED BY COUNCILLOR ANNE MARIE PHILIPSEN THAT the Country Residential
subdivision to create one new parcel, approximately 2.833 ha. (7.0 ac.) in size, containing
an existing farmstead 2.732 ha. (6.75 ac.) to be subdivided from the SW 10-20-14W4M
(Certificate of Title 201 108 902) and 0.101 ha. (0.25 ac.) from the NW 3-20-14W4M
(Certificate of Title 201 033 950 +1), be approved subject to the following:
RESERVE:
The 10% reserve requirement, pursuant to Sections 661 and 669 of the Municipal
Government Act, be deferred to the title of the SW 10-20-14W4M by way of a Deferred
Reserve Caveat in the amount of 2.833 ha. (7.0 Ac.)
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.
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2. That the remnant parcel be consolidated with the SE 10-20-14W4M in a manner such
that the resulting Certificate of Title could not be subdivided without the approval of the
Subdivision Authority.
3. That, pursuant to Section 655(1) (b) of the Municipal Government Act, 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.
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.
MOTION CARRIED
8. DEVELOPMENT PERMITS
8.1 DP 2021036 - NW 23-17-17W4M, Installation of an Alternative Energy, Individual
Solar Collector with a variance to the setback for agricultural use, and approval of
a historical dwelling.
The Development Clerk provided background information on the proposed permit
application.
MPC inquired on the necessity of Condition e), commenting that all solar panels
are designed to absorb sunlight, not to reflect or cause glare. MPC requested that
Condition e) be removed from the permit and all future solar permits. The
Development Clerk replied that the condition came out the of current Land Use
Bylaw (LUB), and there would be no issues removing from the permit.
MPC inquired if the same condition was included on the permitted use report and if
so, was it possible to remove. The Development Clerk indicated that since that
permit had already been approved, the condition could not be removed, but she
would ensure that future permits did not contain that specific condition.
P-51121 MOVED BY COUNCILLOR BRIAN DE JONG That the Municipal Planning Commission
APPROVE Development Permit 2021036, for the installation of a 125 m2 (1345 ft2)
ground mount solar panel on the site as well as approval of a 109 m2 (1176 ft2) historical
dwelling with a 37 m2 (400 ft2) deck on the site, on lands legally described as NE 23-17-
17W4M. This development approval is subject to the conditions outlined below.
DP 2021036 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.
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Municipal Planning Commission
June 10, 2021
Conditions of Development Approval:
a) This approval is effective as of June 30, 2021 (21-day appeal period).
b) The development must be located as shown on the site plan approved with the
application and submitted April 23, 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) e) Solar panelsmu rot he I Gated s Gh that they dG not nreate undue ue glare e
f) That there is a 1.5 m (5 ft) separation distance between the buildings and solar
structures on the site, a variance of 1.5 m (5 ft).
g) The developer must start construction before June 30, 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 solar panel
development:
Front (east): 30 m (100 ft)
Side (south): 2.5 m (8 ft) — variance from 7.6 m (25 ft)
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.
MOT1ON CARRIED
LEFT THE MEETING
T. Declercq left at 10:19 a.m.
8.2 DP 2021037 - Lot 3 & 4, Block 2, Plan 0411757, NW 20-21-18W4M, Construction
of a 557 mz (6000 ft') hangar at the Bassano Airport with a variance to the setback.
The Development Clerk provided background information on the proposed permit
application.
MPC asked the applicant if the hangar was going to be used as a commercial
operation. T. Tetzlaff indicated that it would remain a private hangar.
MPC inquired if the setback of 2 ft would be a hinderance to the next landowner.
The Supervisor of Planning & Development indicated that in the draft LUB, ISL has
recommended that airport hangars be changed to Direct Control. The Supervisor
of Planning & Development said that the setback had been discussed with the
Town of Bassano and applicant and it was determined that the variance is
reasonable in this case.
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Municipal Planning Commission
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P-_52121 MOVED BY COUNCILLOR WAYNE HAMMERGREN That the Municipal Planning
Commission APPROVE Development Permit 2021037 for the construction of a 557 m2
(6000 ftz) hangar at the Bassano Airport with a variance to the setback on 3 sides, on
lands legally described as Lot 3 & 4, Block 2, Plan 0411757, NW 20-21-18W4M. This
development approval is subject to the conditions outlined below.
DP 2021037 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 Business District (Schedule 2), 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 June 30, 2021 (21-day appeal period).
b) The development must be located as shown on the site plan approved with the
application and submitted April 28, 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) That the applicant consolidate the two parcels, Lot 3 and 4, Block 2, Plan 0411757.
d) That the applicant obtain a Rural Address sign and install it as per the County
guidelines once the parcels are consolidated.
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) That the use or operation does not cause excessive:
i. Smoke, dust, steam or emissions
ii. Toxic and noxious matter
iii. Radiation, fire and explosive hazards
iv. Use of electric or electronic equipment
v. Accumulation of any material or waste
g) Any additional development shall require prior approval of a separate permit
application.
h) That the following setbacks on all sides are maintained for this development:
Front (east): .76 m (2.5 ft) variance from 15.2 m (50 ft)
Rear (west): .76 m (2.5 ft) variance from 7.6 m (25 ft)
Side (east): 4.3 m (14 ft) variance from 7.6 m (25 ft)
Side (north) 7.6 m (25 ft)
i) The developer must start construction before June 30, 2022. In the event that this date
cannot be met, the developer may be required to apply for a new permit.
The proposed development must comply with:
a) The provisions pertaining to the Rural Business 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
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LEFT THE MEETING
T. Tetzlaff left at 10:25 a.m.
8.3 DP 2021038 -Block 1, Plan 9010297, NW 23-20-14W4M, Construction of a 699 m2
(7520 ft2) addition to agriculture building with a variance to the side yard setback.
The Development Clerk provided background information on the proposed permit
application.
The applicant indicated that the Dinosaur Co-op gas line has been located through
hydro-vacing.
MPC requested the H. Rommens explain the need for the zero lot line. H. Rommens
explained that when they purchased the property from his parents, they realized that
they were infringing on their other lands and indicated that they are working to
correct the problem by consolidating the parcels.
MPC expressed concern with approving a request for a zero lot clearance and
indicated that they would prefer to see a strip of land along the side of the building.
H. Rommens agreed and replied that once the survey is completed, he expected
that there will be a 10 foot strip from the property line.
P-53121 MOVED BY COUNCILLOR LIONEL ,SUSS That the Municipal Planning Commission
APPROVE Development Permit 2021038, for the construction of a 699 m2 (7520 ft2)
addition to agriculture building with a variance to the side yard setback on the site, on
lands legally described as Block 1, Plan 9010297, NW 23-20-14W4M. This development
approval is subject to the conditions outlined below.
DP 2021038 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 June 30, 2021 (21-day appeal period).
b) The development must be located as shown on the site plan approved with the
application and submitted April 28, 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.
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e) That there is a 10 ft (3 m) separation distance between all buildings or structures on
the site.
f) The developer must start construction before June 30, 2022 In the event that this date
cannot be met, the developer may be required to apply for a new permit.
g) That the following setbacks on all sides are maintained for this development:
Front (west): 30 m (100 ft)
Side (south): zero — variance from 7.6 m (25 ft)
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. Rommens left at 10:31 a.m.
8.4 DP 2021044 - Lot 3, Block N, Plan 8811036, NW 34-19-14W4M, Installation of a
moved in building.
The Development Clerk provided background information on the proposed permit
application.
The Development Clerk explained that the other development permit connected to
this one was cancelled on the advice of the County's legal advisors because the
structure encroached on a Canadian Natural Resources Ltd. (CNRL) lease and the
building was determined to be non -compliant.
MPC inquired if that was the small 9 mz building at the front of the parcel. The
Development Clerk indicated that was correct.
P-54121 MOVED BY REEVE MOLLY DOUGLASS That the Municipal Planning Commission
APPROVE Development Permit 2021044, for the installation of a 74 mz (800 ft') moved in
building for residential use, on lands legally described as Lot 3, Block N, Plan 8811036,
NW 34-19-14W4M. This development approval is subject to the conditions outlined below.
DP 2021044 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 June 30, 2021 (21-day appeal period) The
development must be located as shown on the site plan approved with the application
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and submitted March 30, 2021. 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) 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) 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): 30 m (100 ft)
Side (north & south): 7.6 m (25 ft)
Rear (east): 7.6 m (25 ft)
f) That the developer must start construction before June 30, 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.
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
LEFT THE MEETING
C. Brown left at 10:34 a.m.
9. POST AGENDA ITEMS
There were no post agenda items.
10. IN CAMERA
There were no in camera items.
11. INFORMATION ITEMS
11.1 LA21016 - Hutterian Brethren of Newell
12. QUESTION PERIOD
MPC asked staff who was responsible for installing the blue rural address signs. The
Manager of Planning, Development & Engineering explained that when the rural address
program initially started in 2010, the County installed the signs. The Manager of
Planning, Development & Engineering said that since the bylaw was amended a few
years ago, it is now the responsibility of land and business owners to install rural
addressing signs according to County of Newell guidelines. MPC asked if there are any
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issues with compliance regarding rural address signs. The Manager of Planning,
Development & Engineering commented that things seem to be going well.
13. ADJOURN
Being that the agenda matters have been concluded the meeting adjourned at 10:39 a.m.
Signed by the Chairman and Director of Corporate Services this c�q Day of
12021.
Chair an
Director of Corp at Services
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