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HomeMy WebLinkAbout2017-03-09 Municipal Planning Commission (Regular) MinutesCounty of Newell MUNICIPAL PLANNING COMMISSION MEETING March 9, 2017 The regular Municipal Planning Commission Meeting of the County of Newell was held in the County Office at Brooks, AB on Thursday, March 9, 2017 commencing at 10:00 a.m. MEMBERS PRESENT: M. Douglass, Reeve C. Amulung, Councillor, M.P.C. Chair G. Simpson, Councillor, Vice M.P.C. Chair A.M. Philipsen, Councillor W. Hammergren, Councillor T. Fyfe, Councillor K. Christman, Councillor E. Unruh, Councillor B. de Jong, Councillor L. Juss, Councillor ABSENT: STAFF: K. Stephenson, CAO 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: E.& L. Dick, Applicants C. Christianson, Alberta Land Surveyor 1. CALL TO ORDER The Chairman called the meeting to order at 10:03 a.m. 2. EXCUSED FROM MEETING All members were present. 3. MINUTES 3.1 February 23, 2017 Meeting Minutes P-19/17 MOVED BY REEVE MOLLY DOUGLASS that the minutes of the February 23, 2017 Municipal Planning Commission meeting be adopted as presented. U MOTION CARRIED 4. CALL FOR POST AGENDA ITEMS The Chairman called for post agenda items. O 5. ADOPTION OF AGENDA P-20/17 MOVED BY COUNCILLOR ELLEN UNRUH that the agenda be adopted as presented. MOTION CARRIED 6. DEVELOPMENT REPORT 6.1. Permitted Use Report - February 1 - 28, 2017 The Permitted Use Report was accepted as information. 7. SUBDIVISIONS a) 2017-0-020 - Parcel A, Plan 259FK, S1/2 36-20-16-W4M, To create one new parcel approximately 9.37 acres (3.79 ha) in size, containing an existing farmstead, from a historically subdivided quarter section for residential use. The County Planner provided background information on the proposed application. Councillor A. M. Philipsen asked, if the nuisance easement is approved as a condition of subdivision, what would be the restrictions on building a house to the southeast of the proposed subdivision. The County Planner indicated that a nuisance easement would not restrict development, it would be a warning to future landowners that a waiver had been provided to the open discharge system on the adjacent subdivided parcel. Reeve M. Douglass requested that the County Planner show on the map where the proposed parcel is recommended to be enlarged. The County Planner pointed to the north and northeast boundary of the proposed subdivision, where the landowners have requested that a panhandle be left between the proposed parcel and adjacent parcels. She noted that if the panhandle were to be removed, access to the remnant parcel would not be compromised. The Alberta Land Surveyor, C. Christianson, was asked by MPC to provide additional information about the proposed panhandle. He indicated that the panhandle was included to accommodate an existing graveled trail that provides access for oil companies, the E.l. D. and adjacent landowners. C. Christianson added that removing the panhandle would force everyone to access the parcel through adjacent irrigated land. Councillor G. Simpson inquired if new property owners could deny access if the property line was expanded to include the panhandle. C. Christianson replied that any new landowners would be able to deny access. 0 H, � Councillor B. de Jong asked the County Planner to explain why the subdivision shoul be enlarged to include the panhandle. The County Planner indicated that when parcels are created it is generally in perpetuity and the benefit of the panhandle for future use should not be based on current conditions such as oil & gas access and/or irrigation access. Mr. Dick was invited to speak to MPC. He provided additional information about the history and current use of the access road. He responded to questions from MPC. There was further discussion about the access road and the nuisance easement as conditions of approval. P-21/17 MOVED BY COUNCILLOR ANNE MARIE PHILIPSEN That the Residential subdivision of Parcel A, Plan 259FK within S1/2 36-20-16-W4M (Certificate of Title No. 811 235 841), to create one new parcel approximately 9.37 acres (3.79 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, pursuant to Section 655(1)(b) of the Municipal Government Act, the applicant or owner or both enter into approach agreements with the County of Newell for the parcel to be created as well as the residual parcels, which shall be registered concurrently with the final plan against the title(s) being created. 3. That a nuisance easement which identifies the 90 m setback from the point of open discharge of the existing private sewage disposal system which will encroach on the residual parcel shall be provided before final approval of the subdivision. A copy of the signed easement agreement is required by the Subdivision Authority. 4. That the parcel be enlarged to eliminate the 8.5 m and 6.8 m panhandle and that the north and east parcel boundaries extend to the existing north quarter section line and existing east property line. MOTION DEFEATED P-22/17 MOVED BY COUNCILLOR GORDON SIMPSON That the Residential subdivision of Parcel A, Plan 259FK within S1/2 36-20-16-W4M (Certificate of Title No. 811 235 841), to create one new parcel approximately 9.37 acres (3.79 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, pursuant to Section 655(1)(b) of the Municipal Government Act, the applicant or owner or both enter into approach agreements with the County of Newell for the parcel to be created as well as the residual parcels, which shall be registered concurrently with the final plan against the title(s) being created. 3. That a nuisance easement which identifies the 90 m setback from the point of open discharge of the existing private sewage disposal system which will encroach on the (fi residual parcel shall be provided before final approval of the subdivision. A copy of the signed easement agreement is required by the Subdivision Authority. MOTION CARRIED LEFT THE MEETING C. Christenson and A & L. Dicks left at 10:49 a.m. b) 2017-0-021 - SW114 3-20-14-W4M, To create one new parcel approximately 5.78 acres (2.34 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. There were no questions from MPC. P-23/17 MOVED BY COUNCILLOR BRIAN DE JONG THAT the Residential subdivision of SW1/4 3-20-14-W4M (Certificate of Title No. 170T247), to create one new parcel approximately 5.78 acres (2.34 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, pursuant to Section 655(1)(b) of the Municipal Government Act, the applicant or owner or both enter into Approach Agreements for both the new parcel and the residual parcel with the County of Newell which shall be registered concurrently with the final plan against the title(s) being created. MOTION CARRIED c) 2017-0-022 - NE1/4 25-20-16-W4M, To create one new parcel approximately 3.53 acres (1.43 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. Councillor B. de Jong inquired about the circumstances regarding the deferred reserve agreement. The County Planner replied that these deferred agreements were common in the 1970's but because they can no longer be exercised, they are now removed. P-24/17 MOVED BY COUNCILLOR ELLEN UNRUH THAT the Residential subdivision of NE1/4 25-20-16-W4M (Certificate of Title No. 911 001 833), to create one new parcel approximately 3.53 acres (1.43 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, pursuant to Section 655(1)(b) of the Municipal Government Act, the applicant or owner or both enter into Approach Agreements for the new and residual parcel with GO the County of Newell which shall be registered concurrently with the final plan against the title(s) being created. 3. That, the existing deferred reserve caveat (771 097 476) be discharged in its entirety. MOTION CARRIED 8. DEVELOPMENT PERMITS a) DP 2017006 -Lot 1, Block 8, Plan 1510787, W 8-23-18 W4M, Construction of a multi -unit dwelling The Development Clerk provided background information on the proposed application. There were no questions from MPC. P-25/17 MOVED BY REEVE MOLLY DOUGLASS That the Municipal Planning Commission APPROVE Development Permit 2017006, for the construction of a 12,288 ft2 (1142 m2) multi -unit dwelling at Newell Colony, subject to the conditions outlined below. This permit is being granted only to provide approval for the construction of a 12,288 ft2 (1142 m2) multi -unit dwelling at Newell Colony on lands legally described as Lot 1, Block 8, Plan 1510787, W 8-23-18 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 2017006 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 February 7, 2017. 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 March 28, 2018. 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 (west): 100 ft (30 m) Side (north and south): 25 ft (7.6 m) Rear (east): 25 ft (7.6 m) MOTION CARRIED 9. POST AGENDA ITEMS There were no post agenda items. 10. IN CAMERA There were no in camera items. 11. QUESTION PERIOD Councillor A. M. Philipsen asked the County Planner to explain the E.1. D. condition for subdivision approval. The County Planner responded that the E.I.D. is registered as an encumbrance on all titles in the county. Before a new subdivision may be registered at Land Titles, consent must be signed by the E.l. D. Councillor A. M. Philipsen asked about the time frame for completion. The County Planner responded that an applicant has one year to meet the conditions of approval, including coming to an agreement with the E.I.D. 0 12. ADJOURN Being that the agenda matters have been concluded the meeting adjourned at 11:00 a.m. Signed by the Chairman and Director of Corporate Services this_ Day of �� , 2017. 0