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HomeMy WebLinkAbout2021-10-07 Municipal Planning Commission (Regular) MinutesCounty of Newell Meeting Minutes Municipal Planning Commission October 7, 2021 - 10:00 AM 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, October 7, 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 T. Green, Moderator OTHERS IN S. Stanway, Brooks Bulletin ATTENDANCE: M. Onda, Applicant DP 2021085, 2021086 A, Onda, Applicant DP 2021085, 2021086 C. Dyer, Xplornet Telecommunications 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 (September 23, 2021) ,4121 MOVED BY COUNCILLOR ANNE MARIE PHILIPSEN that the minutes of the September 23, 2021 Municipal Planning Commission meeting be adopted as presented. MOTION CARRIED V Municipal Planning Commission October 7, 2021 4. CALL FOR POST AGENDA ITEMS The Chairman called for post agenda items. 5. ADOPTION OF AGENDA P-85121 MOVED BY COUNCILLOR HUBY KALLEN 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 2021-0-012 - Plan 80111346, Block 1, Lot 5, To subdivide a 0.029 ha (0.07 ac) parcel from Plan 8011346, Block 1, Lot 5, SE 25-18-15 W4M, (CoT 961 138 074 +1) to be consolidated with the northerly 38.1 metres of Plan 8011346, Block 1 (CoT 971 170 873). The Supervisor of Planning & Development provided background information on the proposed subdivision application. There were no questions. P-86121 MOVED BY COUNCILLOR KELLY CHRISTMAN That the residential subdivision of Lot 5, Block 1, Plan 8011346 in the SE 25-18-15 W4M (Certificate of Title No. 961 138 074 +1), to subdivide 0.029 ha (0.07 ac) in size, to be consolidated with the N. 38.1 metres of Lot 5, Block 1, Plan 8011346 for residential use BE APPROVED subject to the following: RESERVE: Municipal Reserve is not applicable as the land to be subdivided is 0.8 hectares or less (MGA 633(c)) 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 0.029 ha (0.07 ac) parcel from Lot 5, Block 1, Plan 8011346 be consolidated with the N. 38.1 metres of Lot 5, Block 1, Plan 8011346 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 complies with both the Municipal Development Plan and Land Use Bylaw. # Page 2 of 7 Municipal Planning Commission October 7. 2021 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 Regulation. MOTION CARRIED 7.2 2021-0-014 - NE 22-19-14 W4M, To subdivide a 27.095 ha (66.95 ac) parcel from Plan 1810749, Block 22, Lot 6 (CoT 181 071 121 +1) in the NE 22-19-14 W4M to be consolidated with the SE 22-19-14 W4M (CoT 011 337 886). The Supervisor of Planning & Development provided background information on the proposed subdivision application. MPC requested clarity on why Municipal Reserve (MR) was not being asked on the second parcel. The Supervisor of Planning & Development replied that in the past the MR was deferred on the larger parcel, but MPC can certainly request that monies be collected on the parcel in question. P-87/21 MOVED BY COUNCILLOR LIONEL JUSS That the agriculture subdivision of 27.095 ha (66.95 ac) of Plan 1810749, Block 22, Lot 6 (COT 181 071 121 +1) in the NE 22-19-14 W4M, to be consolidated with the SE 22-19-14 W4M (COT 011 337 886) for agricultural use BE APPROVED subject to the following: RESERVE: That Municipal Reserve be taken as cash in lieu on the deferred reserve caveat registered on title for 3.64 ha (9.0 ac) on Plan 1810749, Block 22, Lot 6 (COT 181 071 121 +1) as per Policy 2016-PAD-057 for the amount of $3600 (10% of $4000/acre x 9.0 acres) and the 27.095 ha (66.95 ac) be deferred by caveat to the SE 22-19-14 W4M to be dealt at the time of further subdivision. 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. 3. That the 27.095 ha (66.95 ac) subdivided portion of Plan 1810749, Block 22, Lot 6 be consolidated with the SE 22-19-14 W4M 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 complies with both the Municipal Development Plan and 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 Regulation. MOTION CARRIED Page 3 of 7 Municipal Planning Commission October 7, 2021 8. DEVELOPMENT PERMITS 8.1 DP 2021085 - Lot 3, Block 1, Plan 7910951, NE 22-18-14 W4M, Installation of two shipping containers for residential use. The Development Clerk provided background information on the proposed permit application. MPC inquired on how many shipping containers are allowed on a residential property before requiring approval from the Municipal Planning Commission. The Development Clerk replied that since this application was applied for under the previous Land Use Bylaw, shipping containers were a discretionary permit. P-88121 MOVED BY COUNCILLOR MOLLY DOUGLASS That the Municipal Planning Commission APPROVE Development Permit 2021085, for the installation of a two 30 mz (320 ft') shipping containers, on lands legally described as Lot 3, Block 1, Plan 7910951, NE 22-18-14 W4M. This development approval is subject to the conditions outlined below. DP 2021085 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 October 27, 2021 (21-day appeal period) The development must be located as shown on the site plan approved with the application and submitted August 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) That the exterior of the shipping containers be kept clean and regularly painted. d) 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. e) That any dwelling/structure is located a minimum distance of 3 m (10 ft) from any right of way or easement on the parcel. f) That the property is not used for conducting a business or commercial operation without first obtaining the required permits. g) That the following minimum setbacks are maintained for this development, Front (north-east): 30 m (100 ft) Side (west): 15 m (50 ft) Rear (south-west): 7.6 m (25 ft) Side (east): 7.6 m (25 ft) Page 4 of 7 Municipal Planning Commission October 7. 2021 h) That the developer must start construction before October 27, 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 8.2. DP 2021086 - Lot 3, Block 1, Plan 7910951, NE 22-18-14 W4M, Construction of a riding stable/shelter and arena for personal use The Development Clerk provided background information on the proposed permit application. There were no questions. P-89121 MOVED BY COUNCILLOR TRACY FYFE That the Municipal Planning Commission APPROVE Development Permit 2021086, for the construction of a 54 m2 (576 ft2) riding stable and 1263 m2 (13600 ft2) riding arena for personal use, on lands legally described as Lot 3, Block 1, Plan 7910951, NE 22-18-14 W4M. This development approval is subject to the conditions outlined below. DP 2021086 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 October 27, 2021 (21-day appeal period) The development must be located as shown on the site plan approved with the application and submitted August 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) That the owner shall ensure that the site is maintained, and waste is removed in a timely, appropriate and hygienic manner, as per the Animal Control Bylaw. d) 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. e) That any dwelling/structure is located a minimum distance of 3 m (10 ft) from any right of way or easement on the parcel. Page 5of7 Municipal Planning Commission October 7. 2021 f) That the property is not used for conducting a business or commercial operation without first obtaining the required permits. g) That the following minimum setbacks are maintained for this development: Front (north-east): 30 m (100 ft) Side (west): 15 m (50 ft) Rear (south-west): 7.6 m (25 ft) Side (east): 7.6 m (25 ft) h) That the developer must start construction before October 27, 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 9. OTHER BUSINESS 9.1 Xplornet Tower - NW 24-20-14 W4M The Development Clerk provided background information on the proposed telecom tower. There were no questions. P-90121 MOVED BY COUNCILLOR BRIAN DE JONG The Municipal Planning Commission recommend a letter of concurrence be provided to the applicant. MOTION CARRIED 10. POST AGENDA ITEMS There were no post agenda items. 11. IN CAMERA There were no in camera items. 12. QUESTION PERIOD 13. ADJOURN Being that the agenda matters have been concluded the meeting adjourned at 10:14 a.m. Page 6 of 7 Municipal Planning Commission October 7, 2021 Signed by the Chairman and Director of Corporate Services this Day of 2021. - a/-/- ' a!�� Chai an Director of Cor r Services Page 7 of 7