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HomeMy WebLinkAbout2017-12-21 Municipal Planning Commission (Regular) MinutesCOUNTY OF NEWELL MUNICIPAL PLANNING COMMISSION MEETING December 21, 2017 The regular Municipal Planning Commission Meeting of the County of Newell was held in the County Office at Brooks, AB on Thursday, December 21, 2017 commencing at 10:01 a.m. MEMBERS PRESENT: M. Douglass, Reeve C. Amulung, Councillor, M.P.C. Chair A.M. Philipsen, Councillor, Vice M.P.C. Chair H. Kallen, Councillor W. Hammergren, Councillor T. Fyfe, Councillor K. Christman, Councillor E. Unruh, Councillor B. de Jong, Councillor L. Juss, Councillor STAFF: K. Stephenson, CAO L. Johnson, Director of Corporate Services A. Wickert, Manager of Planning and Development S. Simpson, Development Clerk A. Nielsen, Executive Assistant OTHERS IN S. Stanway, Brooks Bulletin OATTENDANCE: G. Frank (DP2017077 & DP2017084) W. Frank (DP2017077 & DP2017084) G. Frank (DP2017077 & DP2017084) E. Frank (DP2017077 & DP2017084) N. Fontaine, Eastern Irrigation District (DP2017077 & DP2017084) 5 County Ratepayers 1. CALL TO ORDER The Chairman called the meeting to order at 10:01 a.m. 2. EXCUSED FROM MEETING All members were present. 3. MINUTES 3.1 December 7, 2017 Meeting Minutes P-102/17 MOVED BY COUNCILLOR ANNE MARIE PHILIPSEN that the minutes of the December 7, 2017 Municipal Planning Commission meeting be adopted as presented. �� MOTION CARRIED Municipal Planning Commission December 21, 2017 4. CALL FOR POST AGENDA ITEMS The Chairman called for post agenda items. 5. ADOPTION OF AGENDA P-103/17 MOVED BY COUNCILLOR TRACY FYFE that the agenda be adopted as presented. MOTION CARRIED 6. DEVELOPMENT PERMITS 6.1 DP 2017077 - NE 26-17-14 W4M, Installation of a 2nd Dwelling The Development Clerk provided background information on the proposed permit application. The Eastern Irrigation District has provided a letter stating their acceptance of the applicant crossing their land and the future of the EID parcel being used for access. The Development Clerk indicated that a formal access agreement would be preferred. N. Fontaine indicated that the EID plans to rehabilitate the canal and install a pipeline within the dext few years and does not want to enter any formal agreements at this time. N. Fontaine responded to questions from Council. ARRIVED AT MEETING M. Harbicht arrived at 10:11 a.m. The applicant, G. Frank, provided further background information and expressed concerns with costs associated with having to register an agreement twice. He indicated that he was comfortable with the letter from the EID allowing access until the canal rehabilitation is complete. G. Frank responded to questions from Council. The Manager of Planning & Development provided further information regarding the requirement for legal and physical access. She suggested that the EID could prepare a temporary easement until the rehabilitation is complete. The Manager of Planning & Development responded to questions from Council. Discussion followed. P-104/17 MOVED BY COUNCILLOR ELLEN UNRUH that the Municipal Planning Commission APPROVE Development Permit 2017077, for the construction of a 1659 ft2 (154 m2) dwelling, 1000 ft2 (93 m2) attached garage and 368 ft2 (34 m2) front deck, to be used as a second dwelling on the farm site, subject to the conditions outlined below. The Municipal Planning Commission has determined that legal access can be achieved and acknowledges that legal and physical access is not congruent. 0 This permit is being granted only to provide approval for the construction of a 1659 ft2 (154 m2) dwelling, 1000 ft2 (93 m2) attached garage and 368 ft2 (34 m2) front deck, to be used as a second dwelling on the farm site, on lands legally described as NE 26-17-14 W4M. Any additional development shall require prior approval of a separate permit ) application. (0-1 Page 2 of 6 Municipal Planning Commission December 21, 2017 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 #1892-17. 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 2017077 for the following reasons: 1. The Municipal Planning Commission has determined that legal access can be achieved and acknowledging that legal and physical access is not congruent. 2. The proposed development complies with the Municipal Development Plan. 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 November 6, 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 December 27, 2018. In the event that this date cannot be met, the developer may be required to apply for a new permit. e) C That the following setbacks on all sides are maintained for this development: Front (west): 100 ft (30 m) Rear (east): 100 ft (30 m) Side (north and south): 25 ft (7.6 m) f) That the applicant must install a temporary rural address sign at the road approach to the site as soon as construction starts. The sign must display the rural address as assigned by the County in the letter that will be mailed to the applicant after the permit has been approved. No other address may be displayed on the site. The sign must remain in place and in full view until it is replaced by a County of Newell issued rural address sign. g) That legal and physical access be finalized when the Eastern Irrigation District completes their pipeline rehabilitation as per the letter from the Eastern Irrigation District dated November 9, 2017. MOTION CARRIED 6.2 DP 2017084 - NE 26-17-14 W4M, Approval of as -built dwelling The Development Clerk provided background information on the proposed permit application. P-105/17 MOVED BY COUNCILLOR LIONEL JUSS that the Municipal Planning Commission APPROVE Development Permit 2017084, for the approval of an 1672 ft2 (155 m2) dwelling, 784 ft2 (73 m2) attached garage and 630 ft2 (59 m2) deck subject to the conditions outlined below. Page 3 of 6 Municipal Planning Commission December21, 2017 The Municipal Planning Commission has determined that legal access can be achieved and acknowledges that legal and physical access is not congruent. This permit is being granted only to provide approval for the approval of a 1672 ft2 (155 m2) dwelling, 784 ft2 (73 m2) attached garage and 630 ft2 (59 m2) deck, on lands legally described as NE 26-17-14 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 #1892-17. 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 2017084 for the following reasons: 1. The Municipal Planning Commission has determined that legal access can be achieved and acknowledging that legal and physical access is not congruent. 2. The proposed development complies with the Municipal Development Plan. 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 November 24, 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 any buildings or structures. d) That the following setbacks on all sides are maintained for this development: Front (west): Rear (east): Side (north and south): e) That legal and physical access be completes their pipeline rehabilitatio District dated November 9, 2017. 100 ft (30 m) 100 ft (30 m) 25 ft (7.6 m) n finalized when the Eastern Irrigation District as per the letter from the Eastern Irrigation MOTION CARRIED LEFT THE MEETING N. Fontaine, G. Frank, W. Frank, G. Frank, and E. Frank left the meeting at 10:27 a.m. 6.3 DP 2017080 - Lot 1, Block 1, Plan 9110716, SW 6-19-14 W4M, Home Occupation 2 - Zastre Masonry The Development Clerk provided background information on the proposed permit application. Page 4 of 6 Municipal Planning Commission December 21, 2017 P-106/17 MOVED BY COUNCILLOR TRACY FYFE that the Municipal Planning Commission APPROVE DP 2017080, for the operation of a masonry business with a variance to the number of vehicles, subject to the following conditions: This permit is being granted only for the operation of a masonry business with a variance to the number of vehicles, on lands legally described as Lot 1, Block 1, Plan 9110716, SE 6-19-14 W4M. Any additional development shall require prior approval of a separate permit application This temporary permit is valid for a time period of five (5) years from the effective date (January 9, 2018), at which time it may be either renewed or revoked by the Development Authority under the provisions of the Land Use Bylaw. It is the responsibility of the applicant to renew prior to its expiration on January 9, 2023. 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 #1892-17. 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 2017080 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 #1892-17. 3. No objections have been received from adjacent landowners or referral agencies with respect to the proposed development. C-� 4. The proposed development complies with the Intermunicipal Development Plan. Conditions of Development a) That this development is located as shown on the site plan approved in this application and submitted November 7, 2017. Any changes to that plan shall require the written approval of the Development Officer. b) That there is one resident employee living in the dwelling and no more than 2 non- resident employees involved in the operation of the business. c) That only the following vehicles and equipment are used in the operation of the business: 1. 2 —1-ton Trucks 2. 1 — 3/ ton Truck 3. 1 — Forklift 4. 1 — Bobcat 5. 3 —trailers d) This permit expires on January 9, 2023. 7. POST AGENDA ITEMS There were no post agenda items. MOTION CARRIED Page 5 of 6 Municipal Planning Commission December21, 2017 8. IN CAMERA P-107/17 MOVED BY COUNCILLOR KELLY CHRISTMAN that we move in camera at 10:29 a.m. to discuss the following matters: • Legal - FOIPP Section 27. MOTION CARRIED P-108/17 MOVED BY COUNCILLOR ANNE MARIE PHILIPSEN that we move out of camera at 11:05 a.m. MOTION CARRIED 9. QUESTION PERIOD A question period was held. 10. ADJOURN Being that the agenda matters have been concluded the meeting adjourned at 11:05 a.m. Signet d by the Chairman and Director of Corporate Services this _4L Day of -- J 1K U ,412 �-4 , 2017. an // Director of CorlAbi tte Services Page 6 of 6