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HomeMy WebLinkAbout2016-07-21 Municipal Planning Commission (Regular) MinutesCounty of Newell MUNICIPAL PLANNING COMMISSION MEETING July 21, 2016 The regular Municipal Planning Commission Meeting of the County of Newell was held in the County Office at Brooks, AB on Thursday, July 21, 2016 commencing at 10:00 a.m. MEMBERS PRESENT: M. Douglass, Councillor 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 T. Fyfe, Councillor ABSENT: K. Christman, 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: M. Hofer, Applicant, Clearview Colony P. Waldner, Applicant, Clearview Colony T. Hofer, Applicant, Clearview Colony P. Wiebe, Applicant B. Packham, Applicant, Packham Excavating C. MacPatrick, Engineer, Lethbridge by phone 1. CALL TO ORDER The Chairman called the meeting to order at 10:00 a.m. 2. EXCUSED FROM MEETING P-64/16 MOVED BY COUNCILLOR ELLEN UNRUH that Councillor Kelly Christman be excused from the meeting. MOTION CARRIED 3. MINUTES 3.1 July 7, 2016 Meeting Minutes P-65/16 MOVED BY COUNCILLOR ANNE MARIE PHILIPSEN that the minutes of the July 7, 2016 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-66116 MOVED BY REEVE MOLLY DOUGLASS that the agenda be adopted as presented. MOTION CARRIED 6. DEVELOPMENT PERMITS a) DP 2016060 - NE 24-23-18 W4M, SE 25-23-18 W4M, SW 30-23-17 W4M, Approval of an existing natural resource extraction/processing operation (gravel pit) The Development Clerk provided background information on the proposed application. A representative from Clearview Colony explained that the gravel pit has been in existence for the last 30 years, they were informed recently that the Colony was required to register the operation with Alberta Environment and Parks (AEP). In addition to the AEP approval, the Colony must obtain municipal approval. He indicated that the Colony has enlisted an engineer to prepare plans for the construction of the road within the road allowance that passes through the pit location. Those plans have been recently sent to the County. The Colony proposes to build the road within the existing road allowances and remove the curve. Councillor B. de Jong inquired about the environmental component and when reclamation will be completed. The representative from the Colony replied that the mined area has been reclaimed and grass will be planted this year, with the exception of a small area in the southwest corner that the Colony is using. C. MacPatrick, the Colony's engineer, added that for this application, AEP may require the Colony to submit a proposal and drawings for reclamation of the remaining pit area. Councillor A. M. Philipsen asked if condition f) was a new condition. The Manager of Planning & Development responded that this condition is a new requirement from Alberta Culture for a level 5 development whereby any historically significant discoveries on the site must be reported. P-67/16 MOVED BY COUNCILLOR WAYNE HAMMERGREN that the Municipal Planning Commission APPROVE Development Permit 2016060, for the existing natural resource extraction/processing operation (gravel pit), subject to the conditions outlined below. This permit is being granted only to provide approval for the existing natural resource extraction/processing operation (gravel pit), on lands legally described as NE 24-23-18 W4M, SE 25-23-18 W4M and SW 30-23-17 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 2016060 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. 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 June 9, 2016. Any changes to that plan shall require the written approval of the Development Officer. b) That the developer submit a copy of the registration with Alberta Environment and Parks. c) That the developer shall provide written notice to the Development Officer once the pit is depleted and ready to be closed. d) That the developer shall submit a copy of the reclamation certificate, approved by Alberta Environment and Parks, to the Development Officer. e) That the applicant enter into a Development Agreement for the construction of road(s) to facilitate vehicular traffic through the area. The Development Agreement shall be based on an engineered plan for the road construction and must be submitted by September 15, 2016. The engineered plans must be reviewed and approved by the County of Newell prior to any construction. f) The landowner must report any artefacts that are discovered on the parcel to Alberta Culture. MOTION CARRIED LEFT THE MEETING Martin Hofer, Peter Waldner and Ted Hofer left at 10:16 a.m. b) DP 2016065 - SW 25-17-13 W4M, Installation of a manufactured home with a variance to the age. The Development Clerk provided background information on the proposed application. The Manager of Planning & Development provided information about how the Planning & Development department reviews this type of application, which parts of the Land Use Bylaw are applicable, and the preparation of options for MPC to consider. Councillor G. Simpson informed MPC that the applicant had spent considerable time cleaning up the property and remaining debris left behind by the previous owner. Councillor E. Unruh made the following motion: P-68116 MOVED BY COUNCILLOR ELLEN UNRUH that the Municipal Planning Commission APPROVE DP 2016065, for the temporary installation of 952 ft2 (88 m2) 1972 manufactured dwelling with attached 144 ft2 (13 m2) deck, with a variance to the age of the dwelling and subject to the conditions outlined under Option 2. After further discussion, Councillor E. Unruh withdrew the motion. Additional discussion occurred. P-69/16 MOVED BY COUNCILLOR ELLEN UNRUH that the Municipal Planning Commission APPROVE DP 2016065, for the temporary installation of 952 ft2 (88 m2) 1972 manufactured dwelling with attached 144 ft2 (13 m2) deck, with a variance to the age of the dwelling and subject to the conditions outlined under Option 2, with the revision to item d) that the security deposit be waived. After further discussion, the question was called. MOTION DEFEATED There was further discussion. Councillor G. Simpson asked the Manager of Planning & Development how the security deposit would be administered when the temporary permit expired. The Manager of Planning & Development explained that 3-4 months prior to the temporary permit expiry, the landowner would be invited to discuss the application with P&D staff. She added that if the landowner did nothing, then enforcement would be required, and the security deposit would be forfeited. She explained that the purpose of the security deposit is to encourage the applicant to meet the permit conditions so that the deposit is refunded. Councillor W. Hammergren made the following motion: P-70/16 MOVED BY COUNCILLOR WAYNE HAMMERGREN that the Municipal Planning Commission APPROVE DP 2016065, for the temporary installation of 952 ft2 (88 m2) 1972 manufactured dwelling with attached 144 ft2 (13 m2) deck, with a variance to the age of the dwelling and subject to the conditions outlined below: Reasons for Approval The Municipal Planning Commission has approved DP 2016065 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. 3. No objections have been received from adjacent landowners or referral agencies with respect to the proposed development. This permit is being granted only for the temporary installation of a 952 ft2 (88 m2) 1972 manufactured dwelling with attached 144 ft2 (13 m2) deck with a variance to the age of the dwelling, on lands legally described as SW 25-17-13 W4M. Any additional development shall require prior approval of a separate permit application The proposed development complying with: a) The provisions pertaining to the 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. Conditions of Development a) That this development is located as shown on the site plan approved in this application and submitted June 20, 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 the applicant must remove the manufactured home within 3 years of approval, no later than July 31, 2019. At the time the manufactured dwelling is removed, the applicant must provide written confirmation to the County that it has been removed. d) That the applicant must submit a $2000 security deposit to the County of Newell. The security deposit shall be returned at such time that County staff is able to confirm, through site visit and photos, that the manufactured home has been removed from the parcel. e) The developer must start construction before August 9, 2017. In the event that this date cannot be met, the developer may be required to apply for a new permit. f) That the following setbacks on all sides are maintained for this development: Front (south): 100 ft (30 m) Side:(west) 100 ft (30 m) Rear:(north) 25 ft (7.6 m) MOTION CARRIED LEFT THE MEETING Pedro Wiebe and Alyce Wickert left at 10:44 a.m. RETURNED TO MEETING Alyce Wickert returned at 10:46 a.m. c) DP 2016056 - SW 11-15-15 W4M, Installation of a Manufactured home, category 2, attached garage and deck The Development Clerk provided background information on the proposed application. There were no questions. P-71/16 MOVED BY COUNCILLOR WAYNE HAMMERGREN that the Municipal Planning Commission APPROVE Development Permit 2016056, for the installation of a 1537 ft2 (143 m2) 1990 manufactured dwelling, 1189 ft2 (110 m2) attached garage and 406 ft2 (38 m2) deck, subject to the conditions outlined below. This permit is being granted only to provide approval for the installation of a 1537 ft2 (143 m2) 1990 manufactured dwelling, with 1189 ft2 (110 m2) attached garage and 406 ft2 (38 m2) deck, on lands legally described as SW 11-15-15 W4M. Any additional development shall require prior approval of a separate permit application. The proposed development complying with: a) The provisions pertaining to the 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 2016056 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. 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 June 8, 2016. Any changes to that plan shall require the written approval of the Development Officer. b) That the parcel must be consolidated by a professional surveyor and registered at Land Titles in such a way that it cannot be separated except by subdivision approval from the County of Newell. This consolidation is required to ensure that proper setbacks are provided for structures in the Agricultural land use district, as per the County of Newell Land Use Bylaw #1755-12. c) That the following setbacks on all sides are maintained for this development: Front (west): 100 ft (30 m) Side (north and south): 25 ft (7.6 m) Rear (east): 25 ft (7.6 m) d) That the property is not used for conducting a business or commercial operation without first obtaining the required permits. e) The developer must start construction before August 9, 2017. In the event that this date cannot be met, the developer may be required to apply for a new permit. MOTION CARRIED 7. S.D.A.B. REPORT The County Planner provided background and updated information on the S. D. A. B. report. The County Planner explained a decision from the meeting held on Tuesday, July 19, 2016 is not yet available. She added that the S.D.A.B. has 15 days to publish their decision. She indicated that a decision should be available for the August 11, 2016 MPC meeting. Councillor G. Simpson asked about the chain of notification. The County Planner responded that everyone is notified at the same time. 8. SUBDIVISIONS a) 2016-0-089 - NW 1/418-16-13-W4M, To create one (1) new parcel approximately 3.83 acres (1.55 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 C. Amulung inquired why an easement was required. The County Planner explained that in order for the applicant to have legal access into the property while the road is being constructed, an access easement is required. P-72/16 MOVED BY COUNCILLOR ANNE MARIE PHILIPSEN THAT the Agricultural subdivision of NW1/4 18-16-13-W4M (Certificate of Title No. 091 000 008), to create one (1) new parcel approximately 3.83 acres (1.55 ha) in size, containing an existing farmstead, from an unsubdivided 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 an easement for legal access across NW1/4 18-16-13-W4M shall be provided before final approval of the subdivision. A copy of the signed easement agreement is required by the Subdivision Authority. MOTION CARRIED 9. POST AGENDA ITEMS There were no post agenda items. 10 IN CAMERA There were no in camera items. 11 QUESTION PERIOD 12 ADJOURN Being that the agenda matters have been concluded the meeting adjourned at 10:57 a.m. Signed by the Chairman and Director of Corporate Services this IL Day of 2016.