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Home My WebLink About2015-09-10 Municipal Planning Commission (Regular) Minutes County of Newell MUNICIPAL PLANNING COMMISSION MEETING September 10, 2015 The regular Municipal Planning Commission Meeting of the County of Newell was held in the County Office at Brooks, AB on Thursday, September 10, 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 C. Amulung, Councillor E. Unruh, Councillor W. Hammergren, Councillor K. Christman, Councillor T. Fyfe, Councillor ABSENT: 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. Tiffin, Manager of Engineering Services B. & B. Hemsing, Applicants E. Makofka, Applicant S. Pearson, Applicant 1. CALL TO ORDER The Chairman called the meeting to order at 9:58 a.m. 2. EXCUSED FROM MEETING All members were present. 3. MINUTES 3.1 August 6, 2015 Meeting Minutes P-75/15 MOVED BY COUNCILLOR K. CHRISTMAN that the minutes of the August 6, 2015 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-76/15 MOVED BY COUNCILLOR L. JUSS that the agenda be adopted as presented. MOTION CARRIED 6. DEVELOPMENT REPORT a) Permitted Use Report-August 1 - 31, 2015 The Development Clerk provided background information on the Development Report. There were no questions. P-77/15 MOVED BY COUNCILLOR A. PHILIPSEN that the Development Report be adopted as presented. MOTION CARRIED 7. SUBDIVISIONS a) 2015-0-133 - NW 23-16-16-W4M, To create one (1) new parcel approximately 6.0 acres (2.43 ha) in size, containing an existing farmstead, from an unsubdivided quarter section for residential use The County Planner provided background information on the proposed application. Anott ARRIVED AT MEETING G. Tiffin arrived 10:05 a.m. Councillor E. Unruh inquired if a waiver was required for the setback of the dugout. The County Planner responded that the dugout was outside of the proposed subdivision. P-78/15 MOVED BY COUNCILLOR B. DE JONG that the Country Residential subdivision of NW1/4 23-16-16-W4M, to create one (1) new parcel approximately 6.0 (2.43 ha) in size, containing an existing farmstead, from an unsubdivided quarter section for residential use be APPROVED subject to the following: 1. That all outstanding property taxes shall be paid to the County of Newell. 2. That the applicant install a septic tank and field or other suitable private sewage 1/A' disposal treatment system to replace the existing open discharge system that cannot meet the required 300 ft (90 m) setback from the new property lines as per the Alberta Private Sewage Systems Standard of Practice 2009. 3. That the easements(s) as required by FortisAlberta 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) 2015-0-119 - NW 33-18-15-W4M, To create one (1) new parcel approximately 9.29 acres (3.76 ha) in size, containing an industrial shop The County Planner provided background information on the proposed application. LEFT THE MEETING E. Makofka & S. Pearson left at 10:08 a.m. Councillor B. de Jong inquired if the applicants had applied for regional water. The County Planner replied that the applicants indicated that they have signed up for the rural water program. LEFT THE MEETING B. & B Hemsing left at 10:11a.m. P-79/15 MOVED BY COUNCILLOR L. JUSS that the Industrial subdivision of NW1/4 33-18-15- W4M, to create one (1) new parcel approximately 9.29 acres (3.76 ha) in size, containing an industrial shop be APPROVED subject to the following: 1. That The Municipal Reserve of approximately $ 1393.50 be paid to the County of Newell. 2. That all outstanding property taxes shall be paid to the County of Newell. MOTION CARRIED c) 2015-0-123 - NE 20-15-15-W4M, To create one new parcel approximately 5.11 acres (2.07 ha) in size, containing an existing farmstead, from an unsubdivided quarter section for residential use. The County Planner provided background information on the proposed application. Councillor A.M. Philipsen asked if there was a reason for the odd shape of the parcel. The County Planner replied that the subdivision boundary is going around an area that the applicants are using for agriculture. Councillor W. Hammergren inquired if there are the correct waivers for the setback. The County Planner responded that Alberta Transportation has approved the application and further approval of setbacks is not required from the County. P-80/15 MOVED BY COUNCILLOR E. UNRUH That the Country Residential subdivision of NE1/4 20-15-15-W4M, to create one new parcel approximately 5.11 acres (2.07 ha) in size, containing an existing farmstead from an unsubdivided quarter section for residential use be APPROVED subject to the following: 1. 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. MOTION CARRIED 8. DEVELOPMENT PERMITS a) DP 2015082 -SE 20-18-16 W4M, Agricultural shop with variance to ROW setback. The Development Clerk provided background information on the proposed permit. There were no questions. P-81/15 MOVED BY COUNCILLOR W. HAMMERGREN that the Municipal Planning Commission APPROVE Development Permit#2015082, for the installation of a 2400 ft2 (223 m2) moved-in building to be used as a shop with a variance to the road right- of-way setback, subject to the conditions outlined below. This permit is being granted only to provide approval for the installation of a 2400 ft2 (223 m2) agriculture shop, on lands legally described as SE 20-18-16 W4M. Any additional development shall require prior approval of a separate permit application. The proposed development complying with: a) The provisions pertaining to the Agricultural District and all relevant schedules, as outlined in the County of Newell Land Use Bylaw#1755-12. b) All Federal, Provincial and Municipal statutes, regulations, codes and standards. c) All Alberta Building Codes and Safety Codes, where applicable. Reasons for Approval 1. The Municipal Planning Commission has approved DP 2015082 for the following reasons: 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) and Standards of Development (Schedule 3) as specified in the County of Newell Land Use Bylaw#1755-12. 3. No objections have been received from adjacent landowners or referral agencies with respect to the proposed development. Conditions of Development a) That this development is located as shown on the site plan approved in this application and submitted July 22, 2015. Any changes to that plan shall require the written approval of the Development Officer. b) That there is a 10 ft (3 m) separation distance between the new building and any other buildings or structures. c) The developer must start construction before September 24, 2016. In the event that this date cannot be met, the developer may be required to apply for a new permit. d) d) That the following setbacks on all sides are maintained for this development: Front (east): 75 ft (23 m), variance from 100 ft (30 m) MOTION CARRIED LEFT THE MEETING A.M. Philipsen left due to pecuniary interest at 10:19 a.m. b) DP 2015083 -SW 6-19-14 W4M, Construction of a Dwelling, attached garage and deck. Amok The Development Clerk provided background information on the proposed permit. Councillor B. de Jong inquired about the extent of the road that continues to the north of the development parcel. The Manager of Engineering Services replied that the road was constructed by a previous developer who had not completed the road work that was required. The Manager of Engineering Services requested clarification from MPC, so that if additional work is completed on the road, who will be held responsible for those costs. LEFT THE MEETING A. Wickert left at 10:45 a.m. Councillor G. Simpson asked if the road meets County standards and, if the County takes over maintenance, who will be responsible. The Manager of Engineering Services replied that they will have to take a more detailed look, taking everything into account including residences that have been using the road as a driveway. Discussion followed regarding the need to ensure that the current road meets County standards to service additional development adjacent to the road. MOVED BY COUNCILLOR B. DE JONG that the Municipal Planning Commission APPROVE DP 2015083, for the construction of a 2600 ft2 (242 m2) dwelling, 1748 ft2 (162 m2) attached garage and 640 ft2 (59 m2) deck, subject to the following conditions: This permit is being granted only for the installation of 2600 ft2 (242 m2)dwelling, 1748 ft2 (162 m2) attached garage and 640 ft2(59 m2)deck, on lands legally described as SW 6- 19-14 W4M. Any additional development shall require prior approval of a separate permit application The proposed development complying with: a) The provisions pertaining to the Fringe District and all relevant schedules, as outlined in the County of Newell Land Use Bylaw#1755-12. b) All Federal, Provincial and Municipal statutes, regulations, codes and standards. c) All Alberta Building Codes, and Safety Codes, where applicable. )2))) Reasons for Approval The Municipal Planning Commission has approved DP 2015083 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 Schedule 4 in the County of Newell Land Use Bylaw#1755-12. Conditions of Development a) That this development is located as shown on the site plan approved in this application and submitted July 23, 2015. Any changes to that plan shall require the written approval of the Development Officer. b) That the property is not used for conducting a business or commercial operation without first obtaining the required permits. c) That there is a 10 ft(3 m)separation distance between the new building and any other buildings or structures. d) The developer must start construction before September 24, 2016. In the event that this date cannot be met, the developer may be required to apply for a new permit. e) That the applicant enters into a Development Agreement with the County of Newell for the upgrade of the road in question. f) That the following setbacks on all sides are maintained for this development: Front(east): 50 ft(15 m) Side: (north &south) 25 ft(7.6 m) Rear: (west) 25 ft(7.6 m) Questions were raised regarding who should be held responsible for road improvements if any were going to be required and whether a development agreement should be imposed on the current applicant. Councillor B. de Jong withdrew his motion. Councillor M. Douglass moved that the application be tabled until the September 24, 2015 MPC meeting pending further investigation by the Manager of Engineering Services and discussion with the applicant by the Development Clerk. ARRIVED AT MEETING A. Wickert returned at 11:03 a.m. P-82/15 MOVED BY COUNCILLOR M. DOUGLASS that the Municipal Planning Commission TABLE DP 2015083, pending further investigation and discussion with the applicant. MOTION CARRIED LEFT THE MEETING G.Tiffin left at 11:07 a.m. A.M.Philipsen returned at 11:07 a.m. c) DP 2015093 - Lot 4, Block 1, Plan 8011346, SE 25-18-15 W4M, Construction of an accessory building with a variance. The Development Clerk provided background information on the proposed permit. There were no questions. P-83/15 MOVED BY COUNCILLOR W. HAMMERGREN that the Municipal Planning Commission APPROVE Development Permit#2015093, for the construction of a 144 ft2 (13 m2) accessory building with a 10 ft (3 m) variance to the side yard setback, subject to the conditions outlined below. This permit is being granted only to provide approval for the construction of a 144 ft2 (13 m2) accessory building with a 10 ft (3 m) variance to the side yard setback, on lands legally described as Lot 4, Block 1, Plan 8011346, SE 25-18- 1 15 W4M. Any additional development shall require prior approval of a separate permit application. The proposed development complying with: a) The provisions pertaining to the Acreage Residential District and all relevant schedules, as outlined in the County of Newell Land Use Bylaw #1755-12. b) All Federal, Provincial and Municipal statutes, regulations, codes and standards. c) All Alberta Building Codes and Safety Codes, where applicable. Reasons for Approval The Municipal Planning Commission has approved DP 2015093 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 Acreage Residential District (Schedule 2) and Standards of Development (Schedule 4) as specified in the County of Newell Land Use Bylaw#1755-12. 3. No objections have been received from adjacent landowners or referral agencies with respect to the proposed development. Conditions of Development a) That this development is located as shown on the site plan provided with this application and submitted August 7, 2015. Any changes to that plan shall require the written approval from the Development Officer. b) That the property is not used for conducting a business or commercial operation without first obtaining the required permits. c) That the following setbacks are maintained for this development: Front (east): 50 ft (15.2 m) Side (north): 25 ft (7.6 m) Side (south): 15 ft (5 m); variance from 25 ft (7.6 m) Rear(west): 25 ft (7.6m) d) That the developer must start construction before September 24, 2016. 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 d) DP 2015095 - Lot 4, Block 1, Plan 8011346, SE 25-18-15 W4M, Approval of an existing accessory building with a variance. ri' l The Development Clerk provided background information on the proposed permit. There were no questions. P-84/15 MOVED BY COUNCILLOR T. FYFE that the Municipal Planning Commission APPROVE Development Permit#2015095, for the existing 168 ft2 (16 m2) accessory building with a 13 ft (4 m) variance to the side yard setback, subject to the conditions outlined below. This permit is being granted only to provide approval for the existing 168 ft2 (16 m2) accessory building with a 13 ft (4 m) variance to the side yard setback, on lands legally described as Lot 4, Block 1, Plan 8011346, SE 25-18-15 W4M. Any additional development shall require prior approval of a separate permit application. The proposed development complying with: a) The provisions pertaining to the Acreage Residential District and all relevant schedules, as outlined in the County of Newell Land Use Bylaw #1755-12. b) All Federal, Provincial and Municipal statutes, regulations, codes and standards. c) All Alberta Building Codes and Safety Codes, where applicable. Reasons for Approval The Municipal Planning Commission has approved DP 2015095 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 Acreage Residential District (Schedule 2) and Standards of Development (Schedule 4) as specified in the County of Newell Land Use Bylaw#1755-12. 3. No objections have been received from adjacent landowners or referral agencies with respect to the proposed development. Conditions of Development a) That this development is located as shown on the site plan provided with this application and submitted August 7, 2015. Any changes to that plan shall require the written approval from the Development Officer. b) That the property is not used for conducting a business or commercial operation without first obtaining the required permits. c) That the following setbacks are maintained for this development: Front (east): 50 ft (15.2 m) Side (north): 25 ft (7.6 m) Side (south): 12 ft (3.6 m); variance from 25 ft (7.6 m) Rear(west): 25 ft (7.6m) MOTION CARRIED 9. OTHER BUSINESS a) EID Telecom Tower-SW 3-20-17 W4M The Manager of Planning and Development provided background information on the proposed application. There were no questions. P-85/15 MOVED BY COUNCILLOR K. CHRISTMAN to provide concurrence for the EID Telecom tower at the proposed location. MOTION CARRIED iP 10. POST AGENDA ITEMS There were no post agenda items. 11. IN CAMERA There were no in camera items. 12. INFORMATION ITEMS a) LA05023A, Ridgeland Farming Co. Ltd., SW 5-25-17 W4M This item was for information only. 13. QUESTION PERIOD 14. ADJOURN Being that the agenda matters have been concluded the meeting adjourned at 11:12 a.m. Signed by the Chairman and Director of Corporate Services this Day of 3C�ru (� C/2- , 2015. 1 / Cha' ''a / Director of Corporate ices