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HomeMy WebLinkAbout2021-11-04 Municipal Planning Commission (Regular) MinutesCounty of Newell Meeting Minutes Municipal Planning Commission November 4, 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, November 4, 2021 commencing at 10:00 a.m. A notice was posted at the front entrance advising the public of the meeting. MEMBERS PRESENT: A. Doerksen, Reeve K. Christman, Councillor, M.P.C. Chair H. Johnson, Councillor, M.P.C. Vice Chair D. Short, Councillor A.M. Skanderup, Councillor L. Kopp, Councillor G. Skriver, Councillor E. Unruh, Councillor A. Philpott, Councillor N. Johnson, Councillor STAFF: M. Fenske, CAO L. Johnson, Director of Corporate Services 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. McCoomb, Applicant 2021-0-015 L. Albers, Applicant DP 2021088 B. Meggitt, Applicant DP 2021088 K. Schmidt, Applicant DP 2021093 A. Yano, Applicant DP 2021094 B. Smith, Rogers Communications 1. CALL TO ORDER The Chief Administrative Officer called the meeting to order at 10:00 a.m. 2. ELECTION OF MPC CHAIR AND VICE CHAIR The Chief Administrative Officer called for nominations for the M.P. C. Chair. Councillor G. Skriver nominated Councillor K. Christman. The Chief Administrative Officer called a second and third time for nominations for M.P. C. Chair. No further nominations were received. The Chief Administrative Officer declared Councillor Kelly Christman M.P.C. Chair. Municipal Planning Commission November 4, 2021 ARRIVED AT MEETING E. Unruh arrived at 10:02 a.m. Councillor K. Christman assumed the chair and called for nominations for M.P.C. Vice Chair. Councillor H. Johnson nominated Councillor E. Unruh. K. Christman called a second time for nominations for M.P.C. Vice Chair. Councillor A. Skanderup nominated Councillor H. Johnson. Councillor E. Unruh declined her nomination. K. Christman called a third time for nominations for M.P.C. Vice Chair. No further nominations were received. K. Christman declared Councillor H. Johnson M.P. C. Vice Chair. 3. EXCUSED FROM MEETING All members were present. 4. MINUTES 4.1 Minutes - Municipal Planning Commission (October 7, 2021) P-91121 MOVED BY COUNCILLOR AMANDA PHILPOTT that the minutes of the October 7, 2021 Municipal Planning Commission meeting be adopted as presented. MOTION CARRIED 5. CALL FOR POST AGENDA ITEMS The Chairman called for post agenda items. 6. ADOPTION OF AGENDA P-92121 MOVED BY COUNCILLOR GREG SKRIVER that the agenda be adopted as presented. MOTION CARRIED 7. DEVELOPMENT REPORT P-93121 MOVED BY COUNCILLOR ELLEN UNRUH That this item be accepted as information. The Development Clerk was available to respond to questions. MOTION CARRIED Page 2 of 8 Municipal Planning Commission November 4, 2021 8. SUBDIVISIONS 8.1 2021-0-015 - SW 26-21-18 W4M, To subdivide a 6.91 ha (17.08 ac) parcel from the SW 26-21-18 W4M (CoT 201 032 586) to create a new parcel for agriculture and residential use. The Supervisor of Planning & Development provided background on the proposed subdivision. The Supervisor of Planning & Development read the letter submitted by an adjacent landowner that was received after the agenda had been circulated. MPC inquired if there would be surface water irrigation. The Supervisor of Planning & Development indicated that currently there is no irrigation on the subdivision, but she understood that the applicant is looking at having it installed at a future date. There was a discussion on the lack of potable water and the applicant stated he will be using a cistern and may look into upgrading in the future. MPC asked for a clarification on what an open discharge system entails and if this type of system is allowable. The Supervisor of Planning & Development explained that an open discharge system is a method that may be approved by Alberta Safety Codes if there is no other methods available. She said that although this is the route the applicant has indicated on the subdivision application, the system will require approval from Alberta Safety Codes and may not be the system that is approved for use at the time of development. MPC asked if the applicant has explored other ways to access the property to alleviate the adjacent landowners' concerns. The Supervisor of Planning & Development indicated that this has been discussed with the applicant and this is the access that is preferred by the applicant. She added that the County does not dictate where utilities companies provide service to privately owned lands. MPC asked if there could be a condition for the applicant to seek approval from the province regarding the wetlands. There was a discussion with the decision to add the condition for the applicant to seek approval from Alberta Environment and Parks. There was further discussion P-94121 MOVED BY COUNCILLOR DAN SHORT THAT the Country Residential subdivision to subdivide a 6.91 ha (17.08 ac) parcel from the SW 26-21-18 W4M (CoT 201 032 586) to create one new parcel for residential and agriculture use BE APPROVED subject to the following: RESERVE: The proposed subdivision complies with Section 663(a) of the Municipal Government Act, therefore Municipal Reserve in not required. Page 3 of 8 Municipal Planning Commission November 4, 2021 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, 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. 3. That written confirmation is provided from the licensee responsible for the abandoned well that they have been contacted and the exact well location has been confirmed. 4. That the applicant provides confirmation of approval from Alberta Environment and Parks for subdivision adjacent to potential wetlands. MOTION CARRIED LEFT THE MEETING T. McCoomb left at 10:30 a.m. 9. DEVELOPMENT PERMITS 9.1 DP 2021088 - SE 18-19-15 W4M, Preparation of meals to sell online at markets and at location. The Development Clerk provided background information on the proposed permit application. There were no questions from MPC. P-95121 MOVED BY COUNCILLOR NEIL JOHNSON That the Municipal Planning Commission APPROVE the Home Occupation Permit 2021088 to establish a food preparation business, on lands legally described as SE 18-19-15 W4M. This development approval is subject to the conditions outlined below. DP 2021088 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), Standards of Development (Schedule 3) and Home Occupations (Schedule 4 Section 9), 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 November 24, 2021 (21-day appeal period). b) The development must be located as shown on the site plan approved with the application and submitted September 8, 2021. Any changes shall require the written approval of the Development Authority. c) That the applicant obtain an inspection and approvals from Alberta Health prior to commencement of the business. Page 4 of 8 Municipal Planning Commission November 4, 2021 d) That any intensification of use must be reported to the Development Officer; intensification of use may require re-evaluation of the permit and other further action. 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) Any additional development shall require prior approval of a separate permit application. g) That there are no more than 2 resident employees involved in the operation of this business. MOTION CARRIED 9.2 DP 2021093 - Lot 9, Block 1, Plan 8310152, SW 35-17-14 W4M, Construction of an accessory building (shop) for residential use, and an existing garage and shop. The Development Clerk provided background information on the proposed permit application. There were no questions from MPC. P-96121 MOVED BY REEVE ARNO DOERKSEN That the Municipal Planning Commission APPROVE Development Permit 2021093, for the construction of a 234 mZ (2520 ftZ) accessory building (shop) and approval of an existing 72 mZ (780 ftZ) garage and 260 mZ (2800 ftZ) shop on lands legally described as Lot 9, Block 1, Plan 8310152, SW 35-17-14 W4M. This development approval is subject to the conditions outlined below. DP 2021093 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 County Land Use Bylaw 2016-21, Section 5: Residential Rural District, Section 3: General Regulations and Section 4: Specific Uses and Activities. 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 November 24, 2021 (21-day appeal period). b) The development must be located as shown on the site plan approved with the application and submitted October 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) Any additional development shall require prior approval of a separate permit application. 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 the accessory building be similar to and complement the principal building in exterior material, colour, and appearance. Page 5 of 8 Municipal Planning Commission November 4, 2021 f) That any dwelling/structure is located a minimum distance of 3 m (10 ft) from any right of way or easement on the parcel. g) That the property is not used for conducting a business or commercial operation without first obtaining the required permits. h) That the following minimum setbacks are maintained for this development: Front (south): 30 m (100 ft) Side (east & west): 3 m (10 ft) Rear (north): 3 m (10 ft) i) That the developer must start construction before November 24, 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. MOTION CARRIED 9.3 DP 2021094 - Lot 5, Block 2, Plan 8311280, SW 12-21-18 W4M, Home Based Business 2 for the operation of an apiary. The Development Clerk provided background information on the proposed permit application. The applicant, A. Yana, explained to MPC that she owns an apiary in Calgary with around 4000 residents in the area and she has had no issues that have come forward to her. MPC inquired if food and water will be supplied or available. A. Yano stated that water will be supplied at the site. MPC asked where the honey is being produced. A. Yano explained that there is a shop on the property where she will extract the honey. In response to a question from MPC, the applicant explained how a hive operates and how apiaries are regulated. The applicant commented that she visited with her neighbours to inform them of her intentions to start an apiary. There was further discussion. P-97121 MOVED BY COUNCILLOR GREG SKRIVER That the Municipal Planning Commission APPROVE the Home Occupation Permit 2021094 to operate an apiary business on lands legally described as Lot 5, Block 2, Plan 8311280, SW 12-21-18 W4M. This development approval is subject to the conditions outlined with the maximum number of hives being limited to ten (10). MOTION DEFEATED There was further discussion regarding the number of allowable hives. P-98121 MOVED BY COUNCILLOR NEIL JOHNSON That the Municipal Planning Commission APPROVE the Home Occupation Permit 2021094 to operate an apiary business, on lands legally described as Lot 5, Block 2, Plan 8311280, SW 12-21-18 W4M. This Page 6 of 8 Municipal Planning Commission November 4, 2021 development approval is subject to the conditions outlined below based on the number of hives stated in the application (50). MOTION CARRIED DP 2021094 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 Rural Residential District, Section 4: Specific Uses and Activities, Section 4.12 Home Based Business Two in the County of Newell Land Use Bylaw 2016-21. Conditions of Development Approval a) This approval is effective as of November 24, 2021 (21-day appeal period). b) The development must be located as shown on the site plan approved with the application and submitted October 6, 2021. Any changes or intensification 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 there are no more than 1 resident employees involved in the operation of this business. 10. OTHER BUSINESS 10.1 Rogers Telecommunications — 5931 The Development Clerk provided background information on the proposed telecommunications tower. LEFT THE MEETING D. Short left at 11:06 a.m. 10.2 Rogers Telecommunications 5932 The Development Clerk provided background information on the proposed telecommunications tower. P-99121 MOVED BY COUNCILLOR HOLLY JOHNSON That the Municipal Planning Commission provide letters of concurrence for the installation of the two (2) telecommunication towers located within SE 1-18-13 W4M and SW 6-22-18 W4M. 11. POST AGENDA ITEMS There were no post agenda items. MOTION CARRIED Page 7 of 8 Municipal Planning Commission November 4, 2021 12. IN CAMERA There were no in camera items. 13. QUESTION PERIOD 14. ADJOURN Being that the agenda matters have been concluded the meeting adjourned at 11:07 a.m. Signed by the Chairman and Director of Corporate Services this _L0 Day of d21le5�qQL 2021. Chairman /a,'� Director of Co P e Services Page 8 of 8