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Home My WebLink About2015-10-08 Municipal Planning Commission (Regular) Minutes County of Newell MUNICIPAL PLANNING COMMISSION MEETING OCTOBER 8, 2015 The regular Municipal Planning Commission Meeting of the County of Newell was held in the County Office at Brooks, AB on Thursday, October 8, 2015 commencing at 10:00 a.m. MEMBERS PRESENT: M. Douglass, Councillor A.M. Philipsen, Councillor, Vice M.P.C. Chair B. de Jong, Councillor L. Juss, Councillor G. Simpson, Councillor& M.P.C. Chair E. Unruh, Councillor K. Christman, Councillor T. Fyfe, Councillor ABSENT: C. Amulung, Councillor 1, W. Hammergren, Councillor STAFF: K. Stephenson, CAO L. Johnson, Director of Corporate Services D. Horvath, County Planner A. Wickert, Manager of Planning & Development S. Simpson, Development Clerk P. Elliott, Administrative Assistant, Planning OTHERS IN S. Stanway, Brooks Bulletin ATTENDANCE: G. Gallup, Applicant M. Regner, Business Owner M. Gietz, Manager of Economic Development 1. CALL TO ORDER The Chairman called the meeting to order at 10:03 a.m. 2. EXCUSED FROM MEETING P-95/15 MOVED BY COUNCILLOR A.M. PHILIPSEN that Councillors C. Amulung, and W. Hammergren be excused from the meeting. MOTION CARRIED 3. MINUTES 3.1 September 24, 2015 Meeting Minutes P-96/15 MOVED BY COUNCILLOR M. DOUGLASS that the minutes of the September 24, 2015 Municipal Planning Commission meeting be adopted as amended by deleting article e) originally circulated in the Conditions of Development for Development Permit 2015083, Resolution P-90/15. MOTION CARRIED 4. CALL FOR POST AGENDA ITEMS The Chairman called for post agenda items. 5. ADOPTION OF AGENDA P-97/15 MOVED BY COUNCILLOR T. FYFE that the agenda be adopted as presented. MOTION CARRIED 6. DEVELOPMENT REPORT a) Permitted Use Report-September 1 - 30, 2015 The Development Clerk provided background information on the Development Report. There were no questions. P-98/15 MOVED BY COUNCILLOR L. JUSS that the Development Report be adopted as presented. MOTION CARRIED ARRIVED AT MEETING M. Regner arrived at 10:05 a.m. 7. SUBDIVISIONS a) 2015-0-144 - Parcel A, Plan 1449FG, SW 1/4 & N1/4 Sec 18-21-15-W4M, To create (fr one new parcel from a historical title fragmented by a registered irrigation canal right- of-way and railway line to create 2 agricultural parcels approximately 16.78 acres (6.79 ha) and 76.03 acres (30.77 ha) in size respectively. The County Planner provided background information on the proposed application. ARRIVED AT MEETING M. Gietz arrived at 10:13 a.m. Councillor B. de Jong asked about the timetable for construction of the E.I.D. pipeline and the number of parcels that were currently in the quarter section. The County Planner replied that the pipeline was in the E.I.D.'s three-year construction plan, which is subject to change. She added that, in addition to the agricultural parcels, there are two commercial sites, two residential subdivisions, and one cemetery parcel on the quarter. Councillor A.M. Philipsen expressed concern with the deferring the Municipal Reserve payment, providing waivers for the six structures on the property and the further fragmentation of the parcel. The County Planner replied that because the size of the parcel is conducive to future subdivision, the MR payment could be collected at that time. However, MPC has the option to require the Municipal Reserve payment to be made as a condition of approval for this subdivision application or defer it to future subdivision. She added that the waivers are for existing structures as opposed to new structures. The difference is that waivers for existing structures allow for historical construction that may not have been built to current standards and may be difficult to move; waivers for new structures are based on current standards whereby placement could be made to comply with current requirements. ARRIVED AT MEETING R. Havinga arrived at 10:33 a.m. G. Gallup was given the opportunity to respond to questions from MPC. He stated that he would like the full 16 acres to remain as one parcel for their enjoyment to ride horses and use a motocross track. Councillor E. Unruh inquired about the amount of the Municipal Reserve. The County Planner replied that the Municipal Reserve would be approximately$4000. P-99/15 MOVED BY COUNCILLOR M. DOUGLASS that the Agricultural subdivision of Parcel A, Plan A, Plan 1449FG within SW1/4 & N1/4 Sec 18-21-15-W4M, to one new parcel from a historical title fragmented by a registered irrigation canal right-of-way and railway line to create 2 agricultural parcels approximately 16.78 acres (6.79 ha) and 76.06 acres (30.77 ha) in size respectively be APPROVED subject to the following: RESERVE: The 10% reserve requirement, pursuant to Sections 661 and 666 of the Municipal Government Act, be deferred by caveat on the parcel to be created with the actual acreage to be dedicated being determined at the final stage, for Municipal Reserve purposes. I1. That all outstanding property taxes shall be paid to the County of Newell. 2. That 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 for the removal of the two approaches as identified by the Municipal Services Department. 3. That a 20 m access easement for legal access be provided before final approval of the subdivision to provide physical access to the residual parcel which would utilize the existing canal crossing. A copy of the signed easement agreement is required by the Subdivision Authority. If prior to the finalization of the application, the open canal is converted to a pipeline and physical and legal access can be achieved through the consolidated parcel, the easement will not be required. 4. That the residual portion of Parcel A, Plan 1449FG be consolidated with the adjacent parcel legally known as a portion of the NW 1/4 18-21-15 in a manner such that the resulting Certificate of Title could not be subdivided without the approval of the Subdivision Authority. 5. That the applicant install a septic tank and field or other suitable private sewage disposal treatment system or relocate the existing open discharge system to meet the setbacks as per the Alberta Private Sewage Systems Standard of Practice 2009. 6. That the easement(s) as required by Pioneer Gas or any other utility agency or the municipality shall be established prior to finalization of the application and are to be registered simultaneously with the legal plan of the subdivision. MOTION DEFEATED P-100/15 MOVED BY COUNCILLOR B. DE JONG that the Agricultural subdivision of Parcel A, Plan A, Plan 1449FG within SW1/4 & N1/4 Sec 18-21-15-W4M, to one new parcel from a historical title fragmented by a registered irrigation canal right-of-way and railway line to create 2 agricultural parcels approximately 16.78 acres (6.79 ha) and 76.06 acres (30.77 ha) in size respectively be APPROVED subject to the following: RESERVE: The 10% reserve requirement, pursuant to Sections 666 and 667 of the Municipal Government Act, be provided as money in place of land on the 16.78 acres (6.79 ha) at the market value of$2500.00 per acre (approximately $4,195.00) with the actual acreage and amount to be paid to the County of Newell being determined at the final stage, for Municipal Reserve Purposes. 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 for the removal of the two approaches as identified by the Municipal Services Department 3. That a 20 m access easement for legal access be provided before final approval of the subdivision to provide physical access to the residual parcel which would utilize the existing canal crossing. A copy of the signed easement agreement is required by the Subdivision Authority. If prior to the finalization of the application, the open canal Amikk is converted to a pipeline and physical and legal access can be achieved through { ' the consolidated parcel, the easement will not be required. (-27 4. That the residual portion of Parcel A, Plan 1449FG be consolidated with the adjacent parcel legally known as a portion of the NW 1/4 18-21-15 in a manner such that the resulting Certificate of Title could not be subdivided without the approval of the Subdivision Authority. 5. That the applicant install a septic tank and field or other suitable private sewage disposal treatment system or relocate the existing open discharge system to meet the setbacks as per the Alberta Private Sewage Systems Standard of Practice 2009. 6. That the easement(s) as required by Pioneer Gas or any other utility agency or the municipality shall be established prior to finalization of the application and are to be registered simultaneously with the legal plan of the subdivision. MOTION CARRIED b) 2015-0-145 - NW1/418-21-15-W4M, To create one (1) new parcel approximately 3.11 acres (1.26 ha) in size, containing an industrial shop. The County Planner provided background information on the proposed application. There were no questions. P-101/15 MOVED BY COUNCILLOR E. UNRUH that the Commercial subdivision of NW1/4 18- 21-15-W4M, to create one (1) new parcel approximately 3.11 acres (1.26 ha) in size, containing an industrial shop be APPROVED subject to the following: RESERVE: The 10% reserve requirement, pursuant to Sections 666 and 667 of the Municipal Government Act, be provided as money in place of land on the 3.11 acres at the market value of$2500.00 per acre (approximately $775.00) with the actual acreage and amount be paid to the County of Newell be determined at the final stage, for Municipal Reserve Purposes. 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 for the purposes of addressing the relocation of the existing approach which is currently located on the adjacent property to the north (Lot 2, Block 1, Plan 941 0388) as well as entering into an agreement for a new approach to access the remnant parcel. 3. That the easement(s) as required by Pioneer Gas or any other utility agency or the municipality shall be established prior to finalization of the application and are to be registered simultaneously with the legal plan of the subdivision. MOTION CARRIED LEFT THE MEETING G.Gallup left at 10:44 a.m. 8. POST AGENDA ITEMS There were no post agenda items. 9. IN CAMERA There were no in camera items. 10. INFORMATION ITEMS a) Review LUB 1755-15 Review Part 4 Bylaw 1846-15 The County Planner provided background information on Bylaw 1846-15, Changes Schedule 3 and 4 and Schedule 1 - Land Use District Map. M. Regner of Longhorn Ad Board Co. submitted information regarding the use of signs in the Land Use Bylaw for MPC to review. Councillor K. Christman asked, since this item is just at the information stage, how M. Regner became involved. The County Planner replied that there had been a discussion of signs at a previous meeting and M. Regner, who has several signs in the county that are not permitted, is looking for clarification about bylaw requirements for signage. 11. QUESTION PERIOD 12. ADJOURN Being that the agenda matters have been concluded the meeting adjourned at 10:58 a.m. Signed by the Chairman and Director of Corporate Services this q`w7 Day of e0l c , 2015. l � C,= ma Director of C por a ervices Amok d,�s