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HomeMy WebLinkAbout2016-03-24 Municipal Planning Commission (Regular) Minutesl P-24/16 County of Newell MUNICIPAL PLANNING COMMISSION MEETING March 24, 2016 The regular Municipal Planning Commission Meeting of the County of Newell was held in the County Office at Brooks, AB on Thursday, March 24, 2016 commencing at 10:00 a.m. MEMBERS PRESENT: ABSENT: M. Douglass, Reeve A.M. Philipsen, Councillor B. de Jong, Councillor L. Juss, Councillor G. Simpson, Councillor, Vice M.P.C. Chair C. Amulung, Councillor & M.P.C. Chair E. Unruh, Councillor W. Hammergren, Councillor K. Christman, Councillor T. Fyfe, Councillor STAFF: K. Stephenson, CAO L. Johnson, Director of Corporate Services D. Horvath, County Planner S. Simpson, Development Clerk P. Elliott, Administrative Assistant, Planning OTHERS IN ATTENDANCE: 1. CALL TO ORDER S. Stanway, Brooks Bulletin J. Brummelhuis, Applicant J. Neely, Applicant C. Neely, Applicant C. Ayala, Applicant The Chairman called the meeting to order at 10:00 a.m. 2. EXCUSED FROM MEETING All members were present. 3. MINUTES 3.1 March 10, 2016 Meeting Minutes MOVED BY COUNCILLOR A. M. PHILIPSEN that the minutes of the March 10, 2016 Municipal Planning Commission meeting be adopted as presented. MOTION CARRIED ARRIVED AT MEETING M. Harbicht arrived at 10:02 a.m. 4. CALL FOR POST AGENDA ITEMS The Chairman called for post agenda items. Councillor C. Amulung requested that Item 7.2 be considered first. 5. ADOPTION OF AGENDA P-25/16 MOVED BY COUNCILLOR L. JUSS that the agenda be adopted as amended. MOTION CARRIED 7. DEVELOPMENT PERMITS a) HO 2016007 - Lot 1, Block 16, Plan 9412002, NE 24-17-13 W4M, Construction Contractor The Development Clerk provided background information on the proposed application. Councillor A. M. Philipsen asked if the nature of the business was for a machine shop business as noted. The Development Clerk replied that was an error on her part, the business was a construction contractor business and did not include a machine shop. P-26/16 MOVED BY REEVE M. DOUGLASS that the Municipal Planning Commission APPROVE the Home Occupation 2016007 to establish a construction contractor n business, subject to the following conditions: This permanent permit is being granted only for the construction business, located on lands legally described as Lot 1, Block 16, Plan 9412002, NE 24-17-13 W4M. Any additional development shall require prior approval of a separate permit application. The proposed development complying with: a) The provisions pertaining to the Hamlet 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 HO 2016007 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 Agricultural District (Schedule 2), Standards of Development (Schedule 3) and Home Occupations (Schedule 4 Section 9), 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 February 22, 2016. Any changes to that plan shall require the written approval from the Development Officer. b. That there are no more than 2 resident employees and 2 non-resident employees involved in the operation of this business c. That no more than 1 truck and 1 trailer will be used in the operation of for the business. d. That there is no outdoor storage of materials or supplies related to the construction business, other than the trailer, without an approved permit to do so. MOTION CARRIED 6. SUBDIVISIONS a) 2016-0-027 - SE 17-17-16-W4M, To create one new parcel approximately 11.32 acres (4.58 ha) in size, containing an existing farmstead, from a historically subdivided quarter section for residential use. LEFT THE MEETING C. Ayala left at 10:05 a.m. P-27/16 MOVED BY COUNCILLOR K. CHRISTMAN THAT the Municipal Planning Commission LIFT from the table Subdivision #2016-0-027. MOTION CARRIED C� The County Planner provided background information on the wetlands policy and proposed application. P-28/16 MOVED BY COUNCILLOR W. HAMMERGREN THAT the Residential subdivision of SE 1/4 17-17-16-W4M (Certificate of Title No. 111 066 284), to create one new parcel approximately 11.32 acres (4.58 ha) in size, containing an existing farmstead from a historically subdivided quarter section for residential use 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 two sheds that are currently situated on the proposed property line as indicated on the surveyor's sketch by Midwest Surveys in Detail "G" and "H" and the two sheds shown in Detail "B" which are encroaching and situated in the municipal road allowance shall be removed prior to finalization of the application. Written confirmation of the removal must be submitted to the Subdivision Authority. 3. That the applicant install a septic tank and field or other suitable private sewage 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. The applicant may enter into a deferred development agreement with the County of Newell for the future installation of suitable private sewage disposable treatment system at the time of development of a new residence on the parcel. U Reasons: 1. The proposed subdivision is consistent with the South Saskatchewan Regional Plan and complies with both the Municipal Development Plan and Land Use Bylaw. 2. The Subdivision Authority is satisfied that a wetland is not present on the site in consideration of the information presented by the applicants and a review of the aerial photography of the subject parcel and have determined that the proposed subdivision is suitable for the purpose for which the subdivision is intended and meets the intent of the subdivision policies of the municipality's land use bylaw. 3. As no objections have been received from adjacent landowners or referral agencies with respect to the proposed subdivision, the Subdivision Authority has granted an approval. MOTION CARRIED LEFT THE MEETING J. Brummelhuis left at 10:16 a.m. b) 2016-0-036 - SE1/416-19-14-W4M, to create one new parcel approximately 6.03 acres (2.44 ha) in size from an existing 78.53 acre (31.77 ha) parcel for commercial use The County Planner provided background information on the proposed application. The County Planner read an adjacent landowner response into the minutes. The adjacent landowner wrote that they were not in favour of the application, they felt that the road was not built for the increased heavy equipment that would use it. n Councillor M. Douglass asked if there were any wetlands on the property. The County Planner replied that through her search, there were no wetlands found on the land and in future a comment will be included in the Planners Preliminary Comments section of the application. The Superintendent of Municipal Services commented that the road in question has been used for commercial use for a number of years and indicated that he does not anticipate an intensification of use in the future and if traffic does become an issue a traffic assessment impact study will be requested. Councillor T. Fyfe inquired if there was an error on the municipal reserve being paid on 6 acres or 5 acres as stated. The County Planner responded that there could be an error but the final amount of the municipal reserve to be paid is based on the final plan when it comes in. P-29/16 MOVED BY COUNCILLOR G. SIMPSON THAT the Commercial subdivision of SE1/4 16-19-14-W4M (Certificate of Title No. 141 167 950 +1) to create one new parcel approximately 6.03 acres (2.44 ha) in size from an existing 78.53 acre (31.77 ha) parcel for commercial use 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 6.03 acres at the market value of $2500.00 per acre with the actual acreage and amount to be paid to the County of Newell be determined at the final stage, for Municipal Reserve Purposes. 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 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. Reasons: 1. The proposed subdivision is consistent with the South Saskatchewan Regional Plan and complies with both the Municipal Development Plan and 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 Regulation. 3. As no objections have been received from adjacent landowners or referral agencies with respect to the proposed subdivision, the Subdivision Authority has granted an approval. MOTION CARRIED LEFT THE MEETING M. Harbicht left at 10:33 a.m. 7. DEVELOPMENT PERMITS — CONT'D Ob) DP 2016006 - NE 23-17-17 W4M, Installation of a 2nd Dwelling The Development Clerk provided background information on the proposed application. There were no questions. P-30/16 MOVED BY COUNCILLOR A.M. PHILIPSEN That the Municipal Planning Commission APPROVE Development Permit 2016006, for the installation of a new 800 ft2 (74 m2) manufactured dwelling with a 160 ft2 (15 m2) deck, to be used as a second dwelling on the farm site, subject to the conditions outlined below. This permit is being granted only to provide approval for the installation of a new 800 ft2 (74 m2) manufactured dwelling with a 160 ft2 (15 m2) deck, to be used as a second dwelling on the farm site, on lands legally described as NE 23-17-17 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 The Municipal Planning Commission has approved DP 2016006 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 Agricultural District (Schedule 2) and Standards of Development (Schedule 3) as specified in the County of Newell Land Use Bylaw #1755-12. This application complies with Administration Section 19: Number of Dwellings. 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 February 11, 2016. 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 dwelling and any other buildings or structures. d) The developer must start construction before April 7, 2017. In the event that this date cannot be met, the developer may be required to apply for a new permit. e) That the following setbacks on all sides are maintained for this development: Front (east): 460 ft (140 m) as specified by Alberta Transportation Side (north and south): 25 ft (7.6 m) Rear (west): 25 ft (7.6 m) MOTION CARRIED c) DP 2016008 - SE 6-22-12 W4M, Installation of a 2nd Dwelling The Development Clerk provided background information on the proposed application. There were no questions. P-31/16 MOVED BY COUNCILLOR T. FYFE That the Municipal Planning Commission APPROVE Development Permit 2016008, for the construction a 1280 ft2 (119 m2) single detached dwelling with attached garage and 128 ft2 (12 m2) deck, to be used as a second dwelling on the farm site, subject to the conditions outlined below. This permit is being granted only to provide approval for the construction a 1280 ft2 (119 m2) single detached dwelling with attached garage and 128 ft2 (12 m2) deck, to be used as a second dwelling on the farm site, on lands legally described as SE 6-22- 12 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 The Municipal Planning Commission has approved DP 2016008 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 Agricultural District (Schedule 2) and Standards of Development (Schedule 3) as specified in the County of Newell Land Use Bylaw #1755-12. This application complies with Administration Section 19: Number of Dwellings. 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 February 24, 2016. 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 dwelling and any other buildings or structures. d) The developer must start construction before April 7, 2017. In the event that this date cannot be met, the developer may be required to apply for a new permit. e) That the following setbacks on all sides are maintained for this development: Front (south): 131 ft (40 m) as specified by Alberta Transportation Side (east & west): 25 ft (7.6 m) Rear (north): 25 ft (7.6 m) MOTION CARRIED "EFT THE MEETING -,,! Neely and C. Neely left at 10.35 a.m. 8. OTHER BUSINESS a) LA15044 Hutterian Brethren of Bow City The County Planner provided background information and responded to questions from MPC. The County Planner commented that this NRCB application falls in the County's exclusion zone with Vulcan County. The County Planner added that she has not received any comments from Vulcan County. P-32/16 MOVED BY COUNCILLOR L. JUSS to accept Option 2. MOTION CARRIED b) Boat Launch and Breakwater at Kinbrook Island Provincial Park The County Planner provided background information on the proposed application. P-33/16 MOVED BY L. JUSS that MPC approve a resolution stating that development permit approval is not required for the boat launch, break water and shoreline armoring improvements being installed at Kinbrook Provincial Park. MOTION CARRIED 9. POST AGENDA ITEMS There were no post agenda items. 10. IN CAMERA There were no in camera items. 11. INFORMATION ITEMS a) Wheatland County DP 2016-16 The County Planner provided background information. Councillor G. Simpson asked if the County Planner will respond with any comments. The County Planner replied that the response will be that MPC reviewed the Development Permit and there were no concerns. b) LAI 6016 Lathom Colony Farming Co. Ltd. Part 1 The County Planner indicated that both of the Part 1 applications are in the process of just starting. c) LA 16016 Hutterian Brethren of Springview Part 1 The County Planner indicated that both of the Part 1 applications are in the process,of just starting. O 12. QUESTION PERIOD 13. ADJOURN Being that the agenda matters have been concluded the meeting adjourned at 10:43 a.m. Signed by the Chairman and Director of Corporate Services this lt,-)3ay of 2016. airman Director of orpor te-ervices