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HomeMy WebLinkAbout2021-09-09 Municipal Planning Commission (Regular) MinutesCOUNTY OF NEWELL MUNICIPAL PLANNING COMMISSION MEETING September 9, 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, September 9, 2021 commencing at 10:00 a.m. A notice was posted at the front entrance advising the public of the meeting. 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 S. Yokoyama, Moderator OTHERS IN S. Stanway, Brooks Bulletin ATTENDANCE: N. Salonka, Applicant, 2021-0-008 D. Whitehead, Greengate Power, DP 2021077 S. Brown, SABR Consulting, DP 2021077 A. Zhang, Greengate Power, DP 2021077 D. Short, Ratepayer 1. CALL TO ORDER 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 (August 5, 2021) P-73/21 MOVED BY COUNCILLOR HUBY KALLEN that the minutes of the August 5, 2021 Municipal Planning Commission meeting be adopted as presented. MOTION CARRIED Municipal Planning Commission September 9, 2021 4. CALL FOR POST AGENDA ITEMS The Chairman called for post agenda items. 5. ADOPTION OF AGENDA P-74/21 MOVED BY COUNCILOR LIONEL JUSS 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 presented. ARRIVED AT MEETING G. Tiffin arrived at 10:03 a.m. 7. SUBDIVISIONS 7.1 2021-0-007 - NE 17-21-15 W4M, To subdivide a 7.6 ha (18.9 ac) portion from the NE 17-21-15 W4M to be consolidated with Plan 0514427, Block 1, Lot 1 The Supervisor of Planning & Development provided background information on the proposed subdivision application. There were no questions P-75/21 MOVED BY COUNCILLOR KELLY CHRISTMAN THAT the Country Residential subdivision to reconfigure 2 existing titles by subdividing a 7.6 ha (18.9 ac) parcel from the NE 17-21-15 W4M (Certificate of Title 091 245 216 +2) to be consolidated with Lot 1, Block 1 Plan 0514427 (Certificate of Title 211 143 306) 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 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: 1. The proposed subdivision is consistent with the South Saskatchewan Regional Plan and complied 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 Page 2 of 8 Municipal Planning Commission September 9, 2021 7.2 2021-0-008 - Block B, Plan 7811334, SE 6-19-14 W4M, To subdivide a 0.429 ha (1.06 ac) parcel from Block B, Plan 781 1334 to be consolidated with Lot 1, Block 1, Plan 0715903 The Supervisor of Planning & Development provided background information on the proposed subdivision application. MPC asked if this application was in line with the Cassils Road Area Structure Plan (ASP). The Supervisor of Planning and Development indicated the while the Cassils Road ASP had not been followed exactly in the past, the proposed subdivision does not create any more lots and is in the spirit of the Area Structure Plan. If there is a proposal in the future for additional lots, then the ASP will need to be updated. The Manager of Planning, Development and Engineering commented that discussions were had with the County Consulting planners at /SL, and it was agreed that further subdivision that creates additional lots, if not in line with the current ASP would require and amendment to the plan. P-76/21 MOVED BY COUNCILLOR MOLLY DOUGLASS THAT the Country Residential subdivision to reconfigure 2 existing titles by subdividing a 0.429 ha (1.06 ac) in size from Block B, Plan 7811334 (Certificate of Title 101 255 369 +14) within the SE 6-19-14 W4M to be consolidated with Lot 1, Block 1 Plan 0715903 (Certificate of Title 201 196 666) be approved subject to the following: RESERVE: Municipal Reserve betaken as cash in lieu on the 0.429 ha (1.06 ac) proposed parcel for a total of $1272.00 (10% of $12,000/acres x 1.06 acres) 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: 1. The proposed subdivision is consistent with the South Saskatchewan Regional Plan and complied 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 7.3 2021-0-009 - NE 20-19-15 W4M, To create one new parcel, approximately 2.442 ha (6.03 ac) in size, containing an existing residence, from a previously unsubdivided quarter section for residential use Page 3 of 8 Municipal Planning Commission September 9, 2021 The Supervisor of Planning & Development provided background information on the proposed subdivision application. There were no questions. P-77/21 MOVED BY COUNCILLOR ANNE MARIE PHILIPSEN THAT the Country Residential subdivision to create one new parcel, 2.442 ha (6.03 ac) in size, containing an existing residence, from the NE 20-19-15 W4M (Certificate of Title 201 219 534) be approved subject to the following: RESERVE: Municipal Reserve is not applicable as this parcel may be considered the first lot to be created from a quarter section of land. (MGA 663(a)) 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. REASONS: 1. The proposed subdivision is consistent with the South Saskatchewan Regional Plan and complied 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 2021074 - NW 3-20-14 W4M, Installation of a 1996 RTM dwelling as a 2nd Dwelling on the parcel for residential use The Development Clerk provided background information on the proposed permit application. MPC inquired on where the applicant was getting their water from. The Development Clerk replied that she would find out. P-78/21 MOVED BY COUNCILLOR BRIAN DE JONG That the Municipal Planning Commission APPROVE Development Permit 2021074, for the installation of a 94 mZ (1008 ftZ) RTM dwelling to be used as a 2nd dwelling on the site, on lands legally described as NW 03- 20-14 W4M. This development approval is subject to the conditions outlined below. DP 2021074 is Approved for the following reasons: 1. The proposed development complies with the Municipal Development Plan. Page 4 of 8 Municipal Planning Commission September 9, 2021 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 September 29, 2021 (21-day appeal period). b) The development must be located as shown on the site plan approved with the application and submitted August 5, 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) That any dwelling/structure is located a minimum distance of 3 m (10 ft) from any right of way or easement on the parcel. e) Any additional development shall require prior approval of a separate permit application. f) That the property is not used for conducting a business or commercial operation without first obtaining the required permits. g) That there is a 10 ft (3 m) separation distance between the new dwelling and any other buildings or structures on the site. h) That the developer shall provide a $5000.00 security deposit, as the minimum required amount under County Land Use Bylaw 1892-17. i) The developer must start construction before September 29, 2022 In the event that this date cannot be met, the developer may be required to apply for a new permit. j) That the following setbacks on all sides 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) 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 2021077 - SW 30-20-16, NE 24, NE,NW,SE,SW 14, NE,SE 26-20-17 W4M & NW 26-20-14 W4M - access road only, Construction of a solar array facility The Development Clerk provided background information on the proposed permit application. MPC asked the applicant what steps would be taken to upgrade any of the County roads that were being used during the construction phase. The applicant, D. Whitehead explained that any roads used would be upgraded to county Page 5 of 8 Municipal Planning Commission September 9, 2021 expectations. D. Whitehead added that there will an access on the east side as well to alleviate all traffic coming into the parcel off of the one road. MPC inquired on the timeline for the start of construction. D. Whitehead indicated that construction is slated to start in April of 2022 and finish in December. P-79/21 MOVED BY COUNCILLOR KELLY CHRISTMAN That the Municipal Planning Commission APPROVE Development Permit 2021077, for the construction of a solar array facility, subject to the conditions outlined below. DP 2021077 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 September 29, 2021 (21-day appeal period). b) The development must be located as shown on the site plan approved with the application and submitted August 11, 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) The developer must start construction before September 29, 2022. In the event that this date cannot be met, the developer may be required to apply for a new permit. f) That the setbacks on the site are retained as per the attached site plan. Minor changes to setbacks will require approval by the Development Authority. Major changes to setbacks (e.g., more than 10%) will require a new permit application and approval. g) All structures brought to the site will require a separate Development Permit application and approval. h) That the developer shall enter into a Development Agreement with the County of Newell and comply with the conditions of the agreement for the installation and/or upgrade of any required roads and/or approaches to the parcel. If required, the agreement shall be registered as a caveat against the lands, at the applicant's expense. i) That the applicant shall meet with County of Newell Municipal Services to prepare the engineered Storm Water Management Plan for the site; Municipal Services must provide written approval for the plan prior to construction commencing. j) That the applicant shall meet with County of Newell Agricultural Services to prepare a vegetation and maintenance plan for the site; these plans must be approved by County of Newell Agricultural Services, prior to construction commencing. Page 6 of 8 Municipal Planning Commission September 9, 2021 k) That the applicant must install a temporary rural address sign at the road approach to the site as soon as construction starts. The sign must display the rural address as assigned by the County in the letter that will be mailed to the applicant after the permit has been approved. No other address may be displayed on the site. The sign must remain in place and in full view until it is replaced by a County of Newell issued rural address sign. 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 D. Whitehead, S. Brown, A. Zhang left at 10:26 a.m. 9. OTHER BUSINESS 9.1. Rogers Telecommunications - SW 06-22-18 W4M This item was accepted as information. 9.2 Rogers Telecommunications - SE 01-18-13 W4M This item was accepted as information. 10. POST AGENDA ITEMS There were no post agenda items. 11. IN CAMERA There were no in camera items. 12. QUESTION PERIOD Reeve M. Douglass expressed her gratitude for the hard work of the Planning 8, Development staff. She commented that she has talked with a couple of families in the Gem area who where very happy with the help offered by the department to them. 13. ADJOURN Being that the agenda matters have been concluded the meeting adjourned at 10:28 a.m. Signed by the Chairman and Director of Corporate Services this Day of Page 7 of 8 Municipal Planning Commission September 9, 2021 2021. Chairman Page 8 of 8