Loading...
HomeMy WebLinkAbout2022-11-24 Municipal Planning Commission (Regular) MinutesCOUNTY OF NEWELL MUNICIPAL PLANNING COMMISSION MEETING November 24, 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, November 24, 2022 commencing at 10:01 a.m. A notice was posted at the front entrance advising the public of the meeting. There were two members of the public physically in attendance. MEMBERS A. Doerksen, Reeve PRESENT: K. Christman, Councillor, M.P.C. Chair H. Johnson, Councillor, M.P.C. Vice Chair D. Short, Councillor A. Skanderup, Councillor L. Kopp, Councillor G. Skriver, Councillor E. Unruh, Councillor A. Philpott, Councillor N. Johnson, Councillor STAFF: M. Fenske, CAO G. Tiffin Manager of Planning, Development and Engineering Services M. Harbicht, Director of Municipal Services M. Jackson, Supervisor of Planning and Development S. Simpson, Development Officer Z. Forest, Municipal Intern, Planning and Development P. Elliott, Administrative Assistant - Planning T. Green, Moderator OTHERS IN S. Stanway, Brooks Bulletin ATTENDANCE: E. Skriver, Applicant 2022-0-010 B. Wilonja, Applicant DP's 2022098, 2022099 1. CALL TO ORDER The Chairman called the meeting to order at 10:01 a.m. 2. EXCUSED FROM MEETING All members were present. Municipal Planning Commission November 24, 2022 3. MINUTES 3.1 Minutes - Municipal Planning Commission (October 20, 2022) P-62/22 MOVED BY COUNCILLOR HOLLY JOHNSON that the minutes of the October 20, 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-63/22 MOVED BY COUNCILLOR ARNO DOERKSEN that the agenda be adopted as presented. MOTION CARRIED 6. DEVELOPMENT REPORT This item was accepted as information. 7. SUBDIVISIONS 7.1 2022-0-010 - NE 17-16-13-W4, To subdivide a 3.901 hectare (9.64 acre) parcel from the 64.7 hectare (160 acre) parcel of NE 17-16-13-W4 for residential purposes The Supervisor of Planning & Development provided background information on the proposed subdivision application. MPC inquired on where water for the yard would be coming from. The applicant indicated that current water was supplied through a culvert from the Eastern Irrigation District (EID) spillway. There was a discussion regarding a signed agreement from the EID for water usage and it was determined that the applicant supply copies of all signed agreements. MPC discussed the curve on the southeast corner of the proposed parcel appeared to overlap on the pivot. The applicanf explained there was nof an overlap but allowed for an attachment to be added by a future owner. The Supervisor of Planning and Development requested a revision to the mofion to include a variance to the grain bin and to remove the encroaching shed. P-64/22 MOVED BY COUNCILLOR LYNETTE KOPP That the MPC approve the subdivision of a 3.901 hectare (9.64 acre) parcel from the 64.7 hectare (160 acre) parcel of NE 17-16- 13-W4 for residential purposes with conditions, for the following reasons: Page 2 of 9 Municipal Planning Commission November 24, 2022 RESERVE: Municipal Reserve is not applicable as per 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. That, pursuant to Section 655(1)b of the Municipal Government Act, the applicant 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 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. 4. That the applicant remove the encroaching building prior to finalization of the subdivision. 5. That a variance be granted for the grain bin. 6. That the applicant disables the existing open discharge septic disposal system as it does not meet the required 300ft. (90 m) setback from the proposed property line as per the Alberta Private Sewage Systems Standard (2015). Written confirmation that the system has been disabled and a new system that meets the Alberta Safety Code has been installed must be submitted prior to finalization. LEFT THE MEETING E. Skriver left at 10:16 a.m. MOTION CARRIED 7.2 2022-0-011 - SW 25-15-16-W4, To subdivide an approximate 2.93 hectare (7.25 acre) parcel from the 63.9 hectare (158 acre) parcel located in the SW 25-15-16- W4 for residential purposes The Supervisor of Planning & Development provided background information on the proposed subdivision application. There were no questions from MPC. P-65/22 MOVED BY COUNCILLOR ELLEN UNRUH That the MPC approve the subdivision to create one new parcel, approximately 2.93 hectare (7.25 acre) in size from the 63.9 hectare (158 acre) parcel located in the SW 25-15-16-W4 for residential purposes with conditions, for the following reasons: 1. The proposed subdivision is consistent with the South Saskatchewan Regional Plan and complies with the County of Newell 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. Page 3 of 9 Municipal Planning Commission November 24, 2022 2. That, pursuant to Section 655(1)b of the Municipal Government Act, the applicant 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 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. MOTION CARRIED 7.5 2022-0-014 - NE 19-17-13-W4, To subdivide an 8.48 hectare (20.96 acre) parcel from the 64.7 hectare (160 acre) parcel of NE 19-17-13-W4 for residential purposes The Supervisor of Planning & Development provided background information on the proposed subdivision application. There was a discussion regarding the historical subdivision boundary and confirmation that the applicant was increasing the size of the original parcel. The Supervisor of Planning & Development indicated that the jagged b/ack lines will be removed. The Supervisor of Planning & Development indicated that access into the parcel will be resolved by Alberta Transportation. MPC inquired on the size of the parcel being larger than usual, and the Supervisor of Planning & Development explained that previously an applicant would have had to apply for a land use amendment and with the passing of Land Use Bylaw 2016-21 this has reduced some of the extra steps required. RETURNED TO THE MEETING M. Harbicht returned at 10:42 a.m. P-68/22 MOVED BY COUNCILLOR DAN SHORT That the MPC approve the boundary line adjustment to create an 8.48-hectare (20.96 acre) parcel in the NE 19-17-13-W4 for residential purposes for the following reasons: 1. The proposed subdivision is consistent with the South Saskatchewan Regional Plan and complies with the County of Newell 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. RESERVE: Municipal Reserve is not applicable as per 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. Page 6 of 9 Municipal Planning Commission November 24, 2022 2. That, pursuant to Section 655(1)b of the Municipal Government Act, the applicant 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 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. 4. That an easement for legal and physical access across the newly created parcel, or the NW 19-17-13-W4, for the benefit of the residual parcel shall be established. A copy of the signed easement agreement is required by the Subdivision Authority prior to finalization of the subdivision. MOTION CARRIED 8. DEVELOPMENT PERMITS 8.1 DP 2022098 - Lot 11, Block 3, Plan 0810255, SW 01-19-14-W4, Approval of a shipping container for residential use The Development Officer provided background information on the proposed permit application. MPC inquired on what is currently in use on the property. The Development Officer replied that there is a temporary manufactured home and the shipping containers, but no one is currently living there. The Development Officer added that the temporary manufactured home and the proposed future residential dwellings were approved as permitted uses. MPC discussed the location of the shipping containers and there was a suggestion that a temporary permit be granted for a year since there is a possibility that the applicants may be moving to a new property in an agriculture area. There was further discussion regarding the condition of the shipping containers, and it was agreed that the containers should be painted and moved to the correct location. P-69/22 MOVED BY REEVE ARNO DOERKSEN That the Municipal Planning Commission APPROVE Development Permit 2022098 for the installation of a 30 m2 (320 ft2) shipping container, on lands legally described as Lot 11, Block 3, Plan 0810255, SW 01-19-14- W4. This development approval is subject to the conditions outlined below. DP 2022098 is Approved for the following reasons: a) The proposed development complies with the Municipal Development Plan. b) The Development Authority is satisfied that the proposed development is suitable for the purpose for which it is intended under the Residential Rural District (Schedule 2) Section 3, General Regulations and Section 4, Specific Uses and Activities. as specified in the County of Newell Land Use Bylaw 2016-21. CONDITIONS OF THE APPROVAL: a) This approval is effective as of December 14, 2022 (21-day appeal period). Page 7 of 9 Municipal Planning Commission November 24, 2022 b) The development must be located as shown on the site plan approved with the application and submitted October 24, 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 applicanUowner 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 the accessory building be similar to and complement the principal building in exterior material, colour and appearance. � That the property is not used for conducting a business or commercial operation without first obtaining the required permits. g) That the following setbacks are maintained for this development: 1. Front (east): 6 m(20 ft) 2. Side (north): 6 m(20 ft) 3. Side (south): 3 m(10 ft) 4. Rear (west): 30 m(100 ft) MOTION CARRIED 8.2 DP 2022099 - Lot 11, Block 3, Plan 0810255, SW 01-19-14-W4, Approval of an accessory structure for an animal shelter The Development Officer provided background information on the proposed permit application. MPC discussed the plans for the use of the container and was concerned that the container was too large for use as an animal shelter and was not suitable for a residential location. P-70/22 MOVED BY COUNCILLOR DAN SHORT That the Municipal Planning Commission REFUSE Development Permit 2022099 for the installation of a 30 mz (320 ftz) accessory structure, on lands legally described as Lot 11, Block 3, Plan 0810255, SW 01-19-14-W4. This development approval is subject to the conditions outlined below. DP 2022099 is REFUSED for the following reasons: 1. The proposed development interFeres with the amenities of the neighbourhood. 2. Objections have been received from adjacent landowners or referral agencies with respect to the proposed development. 9. POST AGENDA ITEMS There were no post agenda items. 10. IN CAMERA There were no in camera items. MOTION CARRIED Page 8 of 9 Municipal Planning Commission November 24, 2022 11. QUESTION PERIOD 12. ADJOURN Being that the agenda matters have been concluded the meeting adjourned at 11:08 a.m. Signed by the Chairman and Director of Corporate Services this � Z�Day of �_ �"���� , 2023. � � � � _�i, �_�%.. r , ,� , A � I A T O,'l !�v N � �� County Administrator Page 9 of 9