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.