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Home My WebLink About2017-10-05 Municipal Planning Commission (Regular) MinutesP-82/17 P 7/17 County of Newell MUNICIPAL PLANNING COMMISSION MEETING October 5, 2017 The regular Municipal Planning Commission Meeting of the County of Newell was held in the County Office at Brooks, AB on Thursday, October 5, 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 K. Christman, Councillor E. Unruh, Councillor B. de Jong, Councillor ABSENT: T. Fyfe, Councillor L. Juss, 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 P. Elliott, Administrative Assistant, Planning OTHERS IN S. Stanway, Brooks Bulletin ATTENDANCE: L. Weaver, Tilley Mennonite Church B. Maldaner, Tilley Mennonite Church 1. CALL TO ORDER The Chairman called the meeting to order at 10:00 a.m. 2. EXCUSED FROM MEETING MOVED BY COUNCILLOR KELLY CHRISTMAN that Councillors Tracy Fyfe and Lionel Juss be excused from the meeting. MOTION CARRIED 3. MINUTES 3.1. September 21, 2017 Meeting Minutes MOVED BY COUNCILLOR ANNE MARIE PHILIPSEN that the minutes of the September 21, 2017 Municipal Planning Commission meeting be adopted as presented. MOTION CARRIED �e� 4. CALL FOR POST AGENDA ITEMS The Chairman called for post agenda items. 5. ADOPTION OF AGENDA P-84/17 MOVED BY COUNCILLOR GORDON SIMPSON that the agenda be adopted as presented. MOTION CARRIED 6. DEVELOPMENT REPORT 6.1 Permitted Use Report September 1 - 30, 2017 The Development Clerk was available to answer questions. 7. SUBDIVISIONS 7.1. 2017-0-148 - NW1/412-18-14-W4M, to create one new parcel approximately 8.61 acres (3.48 ha) in size, containing an existing farmstead, from an unsubdivided quarter section for residential use. The County Planner provided background information on the proposed subdivision application. Councillor B. de Jong requested clarification regarding the management of drainage and run-off from the site. The County Planner replied that existing drainage must remain as it is, any changes to existing drainage will be taken into account at the time of further development. P-85/17 MOVED BY COUNCILLOR KELLY CHRISTMAN THAT the Country Residential subdivision of NW1/4 12-18-14-W4M (Certificate of Title No. 171 174 968), to create one new parcel approximately 8.61 acres (3.48 ha) in size, containing an existing farmstead, from an unsubdivided quarter section for residential use BE APPROVED subject to the following: CONDITIONS: That, pursuant to Section 654(1)(d) of the Municipal Government Act, all outstanding property taxes shall be paid to the County of Newell. MOTION CARRIED 7.2 2017-0-149 - SE1/412-17-13-W4M, To create one new parcel approximately 4.94 acres (2.0 ha) in size, containing an existing farmstead, from an unsubdivided quarter section for residential use. County Planner provided background information on the proposed subdivision application. Councillor G. Simpson asked for clarification regarding the easement across the EID canal. The County Planner directed MPC's attention to the map where the proposed access crossed the EID canal and then turned south along the east boundary of the parcel. Councillor A. Philipsen asked whether selling the property would affect the easement agreement. The County Planner replied that easements are written in -perpetuity. Councillor W. Hammergren inquired whether the construction of a new house would be affected by the proximity of the wellsite. The County Planner responded that any additional residential development will be required to take the proximity to the wellsite into consideration. P-86/17 MOVED BY COUNCILLOR GORDON SIMPSON THAT the Country Residential subdivision of SE1/4 12-17-13-W4M (Certificate of Title No. 151 215 658), to create one new parcel approximately 4.94 acres (2.0 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 any conditions of Alberta Transportation be satisfied prior to finalization. 3. That an access right-of-way shall be established by plan located perpendicular and across the eastern boundary of the parcel and that an easement for legal access be established to provide for legal and physical access to the residual agricultural parcel prior to final approval of the subdivision. A copy of the plan and signed easement agreement is required by the Subdivision Authority. MOTION CARRIED 8. DEVELOPMENT PERMITS 8.1. DP 2017058 - Block 1, Plan 9311213, NW 28-16-13 W4M, Construction of a building to be used as a church, installation of a temporary building, approval of an as - built school The Development Clerk provided background information on the proposed permit application. In reference to the Manager of Emergency Services' comments regarding ensuring that the structures meet Alberta Safety Code regulations, Councillor G. Simpson requested further explanation. The Development Clerk responded that building permits will be issued for all the new buildings to ensure that they meet Alberta Safety Code requirements. There was discussion regarding whether the existing structure being used as a school should obtain a building permit and be inspected as well. Councillor K. Christman expressed concern regarding students using bathroom facilities that were located across the yard. The County Planner replied that the Alberta Building Code has requirements for bathroom facilities that must be met. Reeve M. Douglass asked for clarification that the number of students attending the school was around 35. L. Weaver responded that currently there were 34 students attending grades 1 to10 at the school. He indicated the number of students may increase slightly but the community was not trying to increase the size of the school population. B. Ma/daner indicated that the school was licensed in the 1970's and it operates under the Separate School branch using a curriculum approved by the Department of Education. (� The Manager of Planning & Development requested clarification from MPC regarding their discussion to add a condition to the permit approval, that a building permit be issued for the existing structure being used as a school. Further discussion followed, concluding with the decision to include the condition that the existing school structure be inspected by the County's contract inspection agency to ensure it complies with Alberta Building Code requirements. P-87/17 MOVED BY COUNCILLOR WAYNE HAMMERGREN That the Municipal Planning Commission APPROVE Development Permit 2017058, for the construction of a 3200 ft2 (297 m2) building with a 480 ft2 (45 m2) carport to be used as a church, the installation of a 360 ft2 (33 m2) temporary building to be used as a classroom in the interim and approval of the as -built 1980 ft2 (184 m2) building to be used as a school, subject to the conditions outlined below. This permit is being granted only to provide approval for the construction of a 3200 ft2 (297 m2) building with a 480 ft2 (45 m2) carport to be used as a church, the installation of a 360 ft2 (33 m2) temporary building to be used as a classroom in the interim and approval of the as -built 1980 ft2 (184 m2) building to be used as a school, on lands legally described as Block 1, Plan 9311213, NW 28-16-13 W4M. Any additional development shall require prior approval of a separate permit application. The proposed development complying with: a) The provisions pertaining to the 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 2017058 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 September 11, 2017. Any changes to that plan shall require the written approval of the Development Officer. b) That the applicant shall follow the legal requirements of the Alberta School Act regulations. ( )I c) That the developer shall ensure that access is provided for Emergency Services vehicles to all sides of the building. d) That any intensification of use must be reported to the Development Officer; intensification of use may require re-evaluation of the permit and other further action. e) That the 360 ft2 (33 m2) temporary building be removed no later than April 24, 2019. f) That there is a 10 ft (3 m) separation distance between the new building and any other buildings or structures. g) The developer must start construction before October 24, 2018. In the event that this date cannot be met, the developer may be required to apply for a new permit. h) That the following setbacks on all sides are maintained for this development: Front (west): 100 ft (30 m) Side (north and south): n/a Rear (east): n/a i) That the existing school structure be inspected by the County's contract inspection agency to ensure it complies with Alberta Building Code requirements. 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 10:34 a.m. Signed by the Chairman and Director of Corporate Services thiq-& Day of C-rn!s f, ( hairman v� Director of Corporate Services it �)