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Home My WebLink About2022-04-21 Municipal Planning Commission (Regular) MinutesCOUNTY OF NEWELL MUNICIPAL PLANNING COMMISSION MEETING April 21, 2022 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, April 21, 2022 commencing at 10:00 a.m. A notice was posted at the front entrance advising the public of the meeting. There was one member of the public physically in attendance. MEMBERS PRESENT: A. Doerksen, Reeve K. Christman, Councillor, M.P.C. Chair, via Lifesize H. Johnson, Councillor, M.P.C. Vice Chair D. Short, Councillor A. Skanderup, Councillor L. Kopp, Councillor G. Skriver, Councillor A. Philpott, Councillor N. Johnson, Councillor ABSENT: E. Unruh STAFF: M. Fenske, CAO G. Tiffin, Manager of Planning, Development & Engineering M. Jackson, Supervisor of Planning & Development S. Simpson, Development Clerk P. Elliott, Administrative Assistant — Planning E. Sinclair, Practicum Student, Medicine Hat College T. Green, Moderator OTHERS IN S. Stanway, Brooks Bulletin ATTENDANCE: J. Lindemulder, Applicant DP 2022019 G. Lindemulder, Applicant DP 2022019 1. CALL TO ORDER The Vice Chair called the meeting to order at 10:00 a.m 2. EXCUSED FROM MEETING Councillor Ellen Unruh was excused from the meeting. Municipal Planning Commission April 21, 2022 3. MINUTES 3.1 Minutes - Municipal Planning Commission (April 7, 2022) P-17122 MOVED BY COUNCILLOR LYNETTE KOPP that the minutes of the April 7, 2022 Municipal Planning Commission meeting be adopted as presented. MOTION CARRIED 4. CALL FOR POST AGENDA ITEMS The Chairman called for post agenda items. 5. ADOPTION OF AGENDA P-18122 MOVED BY COUNCILLOR AMANDA PHILPOTT that the agenda be adopted as presented. MOTION CARRIED 6. SUBDIVISIONS 6.1 2022-0-003 - NW 12-21-16-W4, To subdivide a 1.30 ha (3.21 ac) parcel from the NW 12-21-16-W4 (CoT 171 064 144) The Supervisor of Planning & Development provided background information on the proposed subdivision application. MPC inquired on the process of determining the Municipal Reserve (MR). The Supervisor of Planning & Development explained there is a policy, 2016-PAD- 057, in place that outlines the procedure for establishing a cash -in -lieu payment for MR. There was a discussion with MPC requesting that the policy be updated to reflect current land values. The Supervisor of Planning & Development suggested that this be done at a future Council meeting. MPC asked if the MR is deferred would that mean the MR would never be collected. The Supervisor of Planning & Development indicated that if the land is not subdivided again, the MR would not be collected. There was further discussion regarding setbacks of the septic field and dugout. P-19122 MOVED BY COUNCILLOR KELLY CHRISTMAN That the MPC approve the agricultural subdivision of the NW 12-21-16-W4 (CoT 171 064 144) 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 applicant disable the existing open discharge septic disposal system on the parcel as it cannot meet the required 300 ft (90 m) setback from the new property lines as per the Alberta Private Sewage System Standard of Practice 2015. Written confirmation and inspection by a Safety Codes Officer that the system has been disabled is required prior to finalization. Page 2 of 6 Municipal Planning Commission April 21, 2022 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. 4. That the applicant supplies 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. Reserve: Municipal Reserve is applicable as per MGA 661(b). 1. Municipal Reserve be taken as money in lieu of land on the 3.21 acre proposed parcel. The land value as per policy 2016-PAD-057 is $4000 per acre. Money owing would be $1284.00 (10% of 3.21 acres x $4000/acre). MOTION CARRIED 7. DEVELOPMENT PERMITS 7.1 DP 2022019 - Lot 6, Block 2, Plan 0312492, NW 19-18-14-W4, Operation of an Industrial Medium business, and construction of an accessory building for the business The Development Clerk provided background information on the proposed permit application. The Development Clerk noted that the applicant's site plan shows two accesses into the property, while currently, there is only one. The Development Clerk indicated that the second access will be considered at a later date. MPC asked the applicant what precautions were being taken to minimize the fire risk. The applicant responded that the company would comply with all required safety requirements. The applicant explained that the building will be 100 ft x 40 ft with one side remaining open. The applicant provided a history of the company and commented that this is the first expansion outside of Calgary. MPC was given the opportunity to ask questions. The applicant said that they expect to have 10 employees with the possibility of expanding. He added that they are looking to partner with the local farmers to supply the required straw. MPC inquired on the projected opening. The applicant indicated that they were anticipating being operational by early fall. P-20/22 MOVED BY COUNCILLOR DAN SHORT That the Municipal Planning Commission APPROVE Development Permit 2022019 for the operation of an Industrial Medium business and construction of an accessory building, on lands legally described as Lot 6, Block 2, Plan 0312492, NW 19-18-14-W4. This development approval is subject to the conditions outlined below. Page 3 of 6 Municipal Planning Commission April 21, 2022 DP 2022019 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 Section 5, Industrial General District, Section 3, General Regulations and Section 4, Specific Uses and Activities as specified in the County of Newell Land Use Bylaw 2016-21. 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 May 11, 2022 (21-day appeal period). b) The development must be located as shown on the site plan approved with the application and submitted March 8, 2022. 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) That any structure is not located on any right of way or easement on the parcel. f) That access can be provided for Emergency Services vehicles to the east, west and south sides of the building. g) That the following minimum setbacks on all sides are maintained for this development: Front (south): 15 m (50 ft) Side (west): 15 m (50 ft) Side (east): 3 m (10 ft) Rear (north): 3 m (10 ft) MOTION CARRIED LEFT THE MEETING J. Lindemulder and G. Lindemulder left at 10:32 a.m. 7.2 DP 2022028 - Block 4, Plan 7410106, SE 03-19-14-W4, Construction of an accessory building (shop) and approval of existing shipping containers for agriculture use The Development Clerk provided background information on the proposed permit application. MPC asked if the development permit had been applied for after the work was completed and if so, was the applicant charged the double fee as per the Schedule of Fees. The Development Clerk explained that an applicant is not double charged for structures that were constructed prior to a Land Use Bylaw being in place. Page 4 of 6 Municipal Planning Commission April21, 2022 P-21122 MOVED BY COUNCILLOR GREG SKRIVER That the Municipal Planning Commission APPROVE Development Permit 2022028, for the construction of a 381 mz (4104 ft') accessory building (shop) and approval of three existing 39 mz (424 ft) shipping containers on lands legally described as Block 4, Plan 7410106, SE 03-19-14-W4, This development approval is subject to the conditions outlined below. DP 2022028 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 May 11, 2022 (21-day appeal period). b) The development must be located as shown on the site plan approved with the application and submitted March 23, 2022. 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. 0 That any structure is not located on any right of way or easement on the parcel. g) Shipping containers must not be stacked. h) That the following minimum setbacks are maintained for this development: Front (east): 30 m (100 ft) Side (north & south): 3 m (10 ft) Rear (west): 6 m (20 ft) i) That the developer must start construction before May 11, 2023. 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. 8. POST AGENDA ITEMS There were no post agenda items. 9. IN CAMERA There were no in camera items. 10. QUESTION PERIOD MOTION CARRIED Page 5 of 6 Municipal Planning Commission April 21, 2022 11. ADJOURN Being that the agenda matters have been concluded the meeting adjourned at 10:34 a.m. Signed by the Chairman and Director of Corporate Services this Day of i &,, ), 2022. C7 AChai 4maiw County Administrator Page 6 of 6