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HomeMy WebLinkAbout2017-07-20 Municipal Planning Commission (Regular) MinutesP-59117 County of Newell MUNICIPAL PLANNING COMMISSION MEETING July 20, 2017 The regular Municipal Planning Commission Meeting of the County of Newell was held in the County Office at Brooks, AB on Thursday, June 20, 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 T. Fyfe, Councillor K. Christman, Councillor E. Unruh, Councillor L. Juss, Councillor ABSENT: W. Hammergren, Councillor B. de Jong, Councillor STAFF: K. Stephenson, CAO L. Johnson, Director of Corporate Services D. Horvath, County Planner A. Wickert, Manager of Planning and Development S. Simpson, Development Clerk M. Harbicht, Director of Municipal Services G. Tiffin, Manager of Engineering Services P. Elliott, Administrative Assistant, Planning OTHERS IN B. Parker, Brooks Bulletin ATTENDANCE: D. Clyne, Ratepayer A. Wall, Applicant C. Giesbrecht, Applicant J. Walsh, Streams: Learning for Life Ltd. 1. CALL TO ORDER The Chairman called the meeting to order at 10:02 a.m. 2. EXCUSED FROM MEETING MOVED BY COUNCILLOR TRACY FYFE that Councillors Brian de Jong and Wayne Hammergren be excused from the meeting. 3. MINUTES 3.1 July 6, 2017 Meeting Minutes ql� MOTION CARRIED P-60/17 MOVED BY COUNCILLOR TRACY FYFE that the minutes of the July 6, 2017 Municipal Planning Commission meeting be adopted as presented. Under Subdivision item 7.3 correct Deputy Reeve to read Councillor. MOTION CARRIED 4. CALL FOR POST AGENDA ITEMS The Chairman called for post agenda items. 5. ADOPTION OF AGENDA The agenda was accepted as presented. 6. DEVELOPMENT PERMITS 6.1 DP 2017042 - Block 16, Plan 7910924, Hamlet of Patricia, Patricia Rodeo Grounds The Development Clerk provided background information on the proposed application. Councillor K Christman inquired if there are any services on the property. The Manager of Engineering Services indicated that there is currently water but no septic connection. ARRIVED AT MEETING M. Harbicht arrived at 10:07 a.m. P-61/17 MOVED BY COUNCILLOR KELLY CHRISTMAN That the Municipal Planning Commission APPROVE Development Permit 2017042 for the rodeo grounds, subject to the following conditions: This permit is being granted only for the rodeo grounds, on lands legally described as Block 16, Plan 7910924, Hamlet of Patricia. Any additional development shall require prior approval of a separate permit application. The proposed development complying with: a) The provisions pertaining to the Parks and Recreation 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. It is the responsibility of the developer to obtain all permits from an accredited inspection agency. Reasons for Approval The Municipal Planning Commission has approved DP 2017042 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 Parks and Recreation District l (Schedule 2), as specified in the County of Newell Land Use Bylaw #1755-12. J L19 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 provided as shown on the site plan approved in this application and submitted June 7, 2017. Any changes to that plan shall require the written approval of the Development Officer. b) That this permit is only applicable to the structures listed below: a. 240 ft2 (22 m2) Office b. 72 ft2 (7 m2) Announcer Stand c. 80 ft2 (7 m2) Accessory Building d. 1000 ft2 (93 m2) Accessory Building e. 48 ft2 (94.5 m2) Accessory Building f. 24 ft2 (2 m2) Outhouse g. 320 ft2 (30 m2) Shipping Container h. 120 ft2 (11 m2) Horse Shelter i. 8 Grandstands c) Any additional development on the Patricia Rodeo Grounds site will require a separate permit. MOTION CARRIED 6.2 DP 2017044 - Lot 1, Block 1, Plan 1213430, SW 28-21-17 W4M, School The Development Clerk provided background information on the proposed application. J. Ross, agent with Learning for Life, indicated that he assists in setting up learning centers like this to ensure that students are taught according to the Education Act and Home School Regulations. He added that the Health Department and Fire Departments are invited to tour sites to ensure that the structure and learning conditions are up to standards. He added that this site would be a learning centre, not a school. Councillor T. Fyfe inquired whether the county road can accommodate the increased traffic that would be a result of this approval. The Manager of Engineering Services responded that the road is in excellent shape with limited degradation. He felt passenger vehicles would not have a negative impact on the existing road. Councillor T. Fyfe asked if calcium had been placed on the road by the church. The Manager of Engineering Services indicated that they have applied and paid for calcium on the road in front of the church every year since the permit approval, but there was no dust abatement east or west of the church. Councillor K. Christman asked what would be the anticipated daily volume of traffic for the school site. A. Wall replied that there would be one bus plus teacher's vehicles and a limited number of parents' vehicles, for a total of approximately 80 students. Councillor C. Amulung asked what the projected enrollment for the school would be. A. Wall indicated that they are expecting an initial enrollment of 50 to 80 students, projected to accommodate approximately 200 to 300 students. Councillor C. Amulung asked for an estimate of the normal number of vehicles for church service. A. Wall responded there are around 60 — 100 vehicles on a Sunday or up to 200 churchgoers. Councillor A. M. Philipsen asked where the students would be coming from. A. Wall indicated that only students from the church would be attending and they would be coming from Bassano, Gem, Rosemary, Patricia, Milo, Arrowwood and Brooks areas. Councillor K. Christman expressed concern regarding the lack of fencing for the site, and also whether dust abatement was being applied on a regular basis. The Manager of Engineering Services indicated that dust abatement was applied on a yearly basis. The Manager of Planning & Development replied that fencing was not listed as one of the conditions of approval, but if MPC was concerned about fencing the site, it could be added to the permit approval. Reeve M. Douglass inquired about J. Ross' comment that this was a learning center rather than a school. The Manager of Planning & Development indicated that the application that was submitted is for a school. The County Planner added that if MPC feels there is a difference between a learning centre and a school, that could affect the application and the decision. Reeve M. Douglass asked for the definition of a school, the County Planner read the definition of school from Schedule 5 of the Land Use Bylaw. The County Planner recommended that MPC consider the application in terms of an intensification of use on the site, from church to school, and then determine whether this C ) use is suitable for this location. She added that a condition could be added to the approval that would limit the number of students and staff attending the school, which would allow MPC to revisit the matter as the school reached its limit. In addition, she suggested that conditions could be added that would include fire and health inspections, that the playground meets specified setbacks from the County road, and that fencing be required around the property. Councillor K. Christman requested that D. Clyne (adjacent landowner) address MPC regarding his letter objecting to the development. D. Clyne explained that his property is located to the west of the church. He indicated that a great deal of dust has been generated from the traffic going to and from the site for church and meeting days. The dust has had an adverse affect on their enjoyment of their property because it limits their ability to use the outside areas of their yard on those days. He noted that while the dust generated from use of the church has been an inconvenience, it was something they were prepared to live with. However, by intensifying the use and increasing the traffic to 6 days a week, their quality of life will be significantly affected. He stated that the increased dust would not only affect their ability to enjoy the use of their property, it would also have a detrimental affect on their livestock and crops. Councillor T. Fyfe asked if this application falls under the definition of a school. The County Planner indicted that MPC may determine what the permit is for, if MPC 11 determines that this use is a `learning centre' and not a `school, MPC has the option to deem it a prohibited use and refuse the application on that basis. Councillor G. Simpson expressed concern about the negative effects to the adjacent landowner and how to place a value on the impacts to the landowner. Councillor C. Amulung commented that the discussion should focus on whether this is an appropriate use at this location. Councillor C. Amulung requested the definition of discretionary use, which the County Planner provided from Schedule 5 of the Land Use Bylaw. She recommended that MPC decide, first, if the proposed use is that which is prescribed in the Land Use Bylaw and, second, does this use interfere with the use and enjoyment of the neighbouring properties. After further discussion regarding dust abatement and road use, the County Planner indicated that, if MPC chooses to refuse the application, the motion must include reasons for the refusal. P-62117 MOVED BY COUNCILLOR ANNE MARIE PHILIPSEN That the Municipal Planning Commission APPROVE Development Permit 2017044, for the operation of a school subject to the conditions outlined below. MOTION DEFEATED P-63/17 MOVED BY REEVE MOLLY DOUGLASS that DP 2017044 be refused for the following reasons: / After an extensive discussion of the reasons for refusal, the County Planner suggested that MPC recess the meeting so that she could refine their reasons for the motion. She requested that the motion be tabled and the MPC meeting be recessed until 1:00 p.m. P-64/17 MOVED BY COUNCILLOR KELLY CHRISTMAN that Motion P-63/17 regarding DP 2017044 be tabled. MOTION CARRIED MPC CHAIR C. AMULUNG RECESSED THE MPC MEETING AT 11:13 a.m. LEFT THE MEETING D. Clyne, J. Ross, A. Wall and C. Giesbrecht left at 11:13 a.m. MPC CHAIR C. AMULUNG RECONVENED THE MPC MEETING AT 1:01 p.m. All previous attendees were present, except for D. Clyne, J. Ross, A. Wall and C. Giesbrecht. P -7117 MOVED BY COUNCILLOR ANNE MARIE PHILIPSON that the tabling motion for _ Motion P-63/17 for DP 2017044 be lifted from the table. MOTION CARRIED The County Planner reviewed proposed wording for MPC's decision to refuse DP 2017044. n Discussion regarding the proposed wording of the motion followed. Voting on Motion P-63117 MOVED BY REEVE MOLLY DOUGLASS that DP 2017044 be refused for the following reasons: Reasons for Refusal 1. It was determined that the intensification of the church site (a 1-day per week use) with the addition of a school/student learning center (an additional 5 days per week) at this location is not suitable as the impacts to the adjacent agricultural lands would interfere and materially affect the use and enjoyment of the adjacent lands due to increased dust and noise. 2. MPC considered the existing vehicle traffic associated with the church and the increase in trips to the site associated with the school/learning center and determined that the existing gravel road was not adequate to service this use. MOTION CARRIED 7. POST AGENDA ITEMS There were no 9 post agenda items. p 8. IN CAMERA There were no in camera items. 9. INFORMATION ITEMS 9.1 Bylaw 1892-17 — Land Use Bylaw Amendment The Manager of Planning & Development requested that Bylaw 1892-17 be reviewed by MPC members prior to being given First Reading. The County Planner added that the bylaw is to update the maps in Land Use Bylaw 1755-12 and is the last portion of the bylaw to be updated. In addition, the County Planner proposed that all the previous updates to Land Use Bylaw 1755-12 be consolidated into Bylaw 1892-17, which will also include the revised maps. The County Planner requested that Councillors review the maps for their Division to ensure they have been updated correctly. She proposed that First Reading be held in August with Public Hearing in September. 10. QUESTION PERIOD lam' 11. ADJOURN Being that the agenda matters have been concluded the meeting adjourned at 1:11 p.m. Signed by the Chairman and Director of Corporate Services this _&2_ Day of 4 U:4 U S. 7 12017.