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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. Page 2 of 9 Municipal Planning Commission June 10, 2021 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. Page 3 of 9 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. Page 4 of 9 Municipal Planning Commission June 10, 2021 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 Page 5 of 9 Municipal Planning Commission June 10, 2021 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. Page 6 of 9 Municipal Planning Commission June 10, 2021 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 Page 7 of 9 Municipal Planning Commission June 10, 2021 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 Page 8 of 9 Municipal Planning Commission June 10, 2021 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 Page 9 of 9