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:
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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.
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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.
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Municipal Planning Commission
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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).
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Municipal Planning Commission
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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
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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
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County Administrator
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