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HomeMy WebLinkAbout2018-02-22 Municipal Planning Commission (Regular) MinutesCOUNTY OF NEWELL MUNICIPAL PLANNING COMMISSION MEETING February 22, 2018 The regular Municipal Planning Commission Meeting of the County of Newell was held in the County Office at Brooks, AB on Thursday, February 22, 2018 commencing at 10:02 a.m. MEMBERS PRESENT: ABSENT: 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 D. Horvath, County Planner, ORRSC S. Simpson, Development Clerk P. Elliott, Administrative Assistant, Planning & Development OTHERS IN S. Stanway, Brooks Bulletin ATTENDANCE: B. Lohnes — DP 2018001, Ratepayer L. Hirch, DP 2018001, Applicant T. Norton, DP 2018002, Applicant P. Norton, DP 2018002, Applicant R. Fiset, DP 2018001, Ratepayer D. Stabbler, DP 2018001, Ratepayer T. Daniels, DP 2018001, Ratepayer 1. CALL TO ORDER The Chairman called the meeting to order at 10:02 a.m. 2. EXCUSED FROM MEETING All members were in attendance at this meeting. Municipal Planning Commission February 22, 2018 3. MINUTES 3.1. January 25, 2018 Meeting Minutes P-10/18 MOVED BY COUNCILLOR BRIAN DE JONG that the Municipal Planning Commission Meeting minutes be adopted as presented. MOTION CARRIED 4. CALL FOR POST AGENDA ITEMS The Chairman called for post agenda items 5. ADOPTION OF AGENDA P-11/18 MOVED BY COUNCILLOR TRACY FYFE that the agenda be adopted as presented. MOTION CARRIED 6. SUBDIVISIONS 6.1 2018-0-004 - SE1/4 23-19-14-W4M, To subdivide a surplus portion of an existing Eastern Irrigation District Canal Spillway and consolidate it with the adjacent parcel to the west. The County Planner provided background information on the proposed application. l There were no questions from MPC. P-12/18 MOVED BY COUNCILLOR ANNE MARIE PHILIPSEN THAT the Agricultural subdivision of SE1/4 23-19-14-W4M (Certificate of Title No. 46C164), to subdivide 4.55 acres (1.84 ha) surplus portion of an existing Eastern Irrigation District Canal Spillway and consolidate it with the adjacent parcel to the west 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 shall be provided before final approval of the subdivision for access to the SW 23-19-14-W4M. A copy of the signed easement agreement is required by the Subdivision Authority. 3. That the 4.55 acre subdivided portion of IRR 445 be consolidated with the adjacent parcel legally known as SW 23-19-14-W4M (C of T 001 102 564), in a manner such that the resulting Certificate of Title could not be subdivided without the approval of the Subdivision Authority. MOTION CARRIED 6.2 2017-0-199 - SE1/4 27-18-16-W4M, To create one (1) new vacant parcel approximately 3.0 acres (1.214 ha) in size from an unsubdivided quarter section for residential use The County Planner provided background information on the proposed application. (Y Page 2 of 9 Municipal Planning Commission February 22, 2018 MPC asked whether a variance would be required if the garage was removed. Staff replied that if the property line is moved north, a variance would be required for the existing house. MPC inquired about adding a condition to the approval that the garage - be moved. Staff confirmed that the condition could be added if MPC deemed it necessary. P-13/18 MOVED BY REEVE MOLLY DOUGLASS THAT the Residential subdivision of SE1/4 27-18-16-W4M (Certificate of Title No. 151 158 489), to create one (1) new vacant parcel approximately 3.0 acres (1.214 ha) in size from an unsubdivded 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 a Development Agreement with the County of Newell which shall be registered concurrently with the final plan against the title(s) being created. MOTION CARRIED 7. DEVELOPMENT PERMITS 7.1 DP 2018001 - Lot 1, Block 5, Plan 041 2354, SE 6-16-13 W4M, Construction of a craft distillery operation The Development Clerk provided background information on the proposed permit application. MPC inquired about the water and sewer usage. The applicant explained that most of the water used in the operation would be recycled and would not be added to the hamlet sewer system. He indicated that water use for the operation would not be much different than that of a residence. D. Stabbler, representing the AB Brown Memorial Athletic Association, spoke against the application stating that the organization felt that the distillery was not a good fit for the Hamlet and would put excessive strain on the hamlet sewer and water system. He suggested that the developer be responsible for any upgrades the system may require. D. Stabbler also expressed concern about odours that would be emitted from the building and felt that the business would be detrimental to the well being of any school aged children. There was further discussion between MPC members and the public in attendance about the distillery operation and how it might impact the community. The applicant was given the opportunity to comment and respond to questions from MPC. He felt the business will have a positive impact on the community. He planned to use non -toxic, environmentally friendly cleaners and is committed to reducing the carbon footprint of the operation. The applicant stressed that the operation of a distillery must meet strict provincial regulations. )/18 MOVED BY COUNCILLOR TRACY FYFE That the Municipal Planning Commission APPROVE Development Permit 2018001 for the construction of a 3500 ft2 (325 m2) Page 3 of 9 /� j� Municipal Planning Commission February 22, 2018 building to operate a craft distillery, on lands legally described as Lot 1, Block 5, Plan 041 2354, SW 6-15-13 W4M. This development approval is subject to the conditions outlined below. DP 2018001 is Approved 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 Hamlet Business District (Schedule 2) and Standards of Development (Schedule 3) as specified in the County of Newell Land Use Bylaw 1892-17. Conditions of Development Approval: a) This approval is effective as of March 15, 2018 (21-day appeal period). b) The development must be located as shown on the site plan approved with the application and submitted January 17, 2018. It must be built according to the description provided with this approval. Any changes shall require the written approval of the Development Authority. c) Any additional development shall require prior approval of a separate permit application. d) That the following number of parking spaces are provided for this use: 12 customer / employee spaces and 1 barrier -free space. e) That the property is not used for residential purposes. f) That the 3 signs associated with this permit approval must be placed as indicated on the site plan and elevations that make up this approval. Any changes shall require written approval from the Development Authority. g) That the developer must start construction before March 1, 2019. In the event that this date cannot be met, the developer must apply for an extension and may be required to apply for a new permit. h) That the following setbacks on all sides are maintained for this development: Front (west): 20 ft (6.1 m) Side (south and north): 5 ft (1.5 m) Rear (east): 20 ft (6.1 m) i) That the applicant must install a temporary address sign at the road approach to the site as soon as construction starts. The sign must display the 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 until it is replaced by the permanent address sign issued by the County. General Information for the Developer - Regulations & Codes The proposed development must comply with: a) The provisions pertaining to the Hamlet Business 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. MOTION CARRIED Page 4 of 9 C) Municipal Planning Commission February 22, 2018 7.2 DP 2018002 - Lot 1, Block 1, Plan 081 2923, NE 18-20-15 W4M, Installation of an RTM Dwelling The Development Clerk provided background information on the proposed permit application. MPC inquired whether there was an existing basement that would be suitable for the new dwelling. The applicant indicated that they were constructing a new basement. LEFT THE MEETING B. Lohnes, T. Daniels and D. Stabbler left at 11:01 a.m. Discussion followed regarding the $5000.00 security fee for the RTM structure. Staff indicated that security is a requirement of the Land Use Bylaw, and that MPC may vary or waive the amount of security required as a condition of development approval. The applicant was informed that the deposit is refunded upon completion of the project. P-15/18 MOVED BY COUNCILLOR BRIAN DE JONG That the Municipal Planning Commission APPROVE Development Permit 2018002, for the installation of a 1680 ft2 (156 m2) 2015 RTM dwelling, with a variance to the front yard setback, on lands legally described as Lot 1, Block 1, Plan 081 2923, NE 18-20-15 W4M. This development approval is subject to the conditions outlined below. DP 2018002 is Approved 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 C� 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 1892-17. 3. No objections have been received from adjacent landowners or referral agencies with respect to the proposed development. Conditions of Development Approval: a) This approval is effective as of March 15, 2018 (21-day appeal period). b) The development must be located as shown on the site plan approved with the application and submitted January 19, 2018. It must be built according to the description provided with this approval. Any changes shall require the written approval of the Development Authority. c) Any additional development shall require prior approval of a separate permit application. d) That the property is not used for conducting a business or commercial operation without first obtaining the required permits. e) That there is a 10 ft (3 m) separation distance between the new dwelling and any other buildings or structures on the site. f) That the developer submit a $5000.00 security deposit, as the minimum required amount under Schedule 4 Section 22.4 of the County Land Use Bylaw 1892-17. Once the development has passed inspection by the County Safety Codes Officer (SCO), the security deposit will be refunded. g) The developer must start construction before March 8, 2019 In the event that this date Ccannot 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: Page 5 of 9 Municipal Planning Commission February 22, 2018 Front (east): Side (north and south) Rear (west): 60 ft (18 m) — varied from 25ft(7.6m) 25 ft (7.6 m) LEFT THE MEETING T.& P. Norton, L. Hirch and R. Fiset left at 11:08 a.m. 100 ft (30 m) MOTION CARRIED 7.3 DP 2018004 - Lot 6, Block 4, Plan 811 1991, NE 11-21-18 W4M, Installation of a Modular Dwelling with attached garage The Development Clerk provided background information on the proposed permit application. There were no questions from MPC. P-16/18 MOVED BY COUNCILLOR KELLY CHRISTMAN That the Municipal Planning Commission APPROVE Development Permit 2018004, for the installation of a 1216 ft2 (113 m2) modular dwelling with attached 240 ft2 (22 m2) deck, on lands legally described as Lot 6, Block 4, Plan 8111991, NE 11-21-18 W4M. This development approval is subject to the conditions outlined below. DP 2018004 is Approved 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 Acreage Residential District (Schedule 2) and Standards of Development (Schedule 4) as specified 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. Conditions of Development Approval: a) This approval is effective as of March 15, 2018 (as per MGA 21-day appeal period) b) The development must be located as shown on the site plan submitted January 29, 2018 and approved with the application. It must be built according to the description provided with this approval. Any changes shall require the written approval of the Development Authority. c) Any additional development shall require prior approval of a separate permit application. d) That the property is not used for conducting a business or commercial operation without first obtaining the required permits. e) That the developer shall provide a $5000.00 security deposit, as the minimum required amount under the County Land Use Bylaw. Once the development has passed inspection by the County Safety Codes Officer (SCO), the security deposit will be refunded. f) That the following setbacks are maintained for this development: Front (north): 50 ft (15.2 m) Side (east and west): 25 ft (7.6 m) Rear (south): 25 ft (7.6 m) 0 (1 Page 6 of 9 Municipal Planning Commission February 22, 2018 g) That the developer must start construction before March 15, 2019. In the event that this date cannot be met, the developer must apply for an extension and may be required to apply for a new permit. h) 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. General Information for the Developer - Regulations & Codes The proposed development must comply with: a) The provisions pertaining to the Hamlet Business 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. MOTION CARRIED 7.4 DP 2018006 - NE 1-22-17 W4M, Installation of a Manufactured 1 Home as a 2nd Dwelling on the parcel The Development Clerk provided background information on the proposed permit application. MPC inquired whether the house would be removed from the property once it was no Clonger inhabited. Staff indicated that the permit approval allows the 2nd dwelling to stay on the property. P-17/18 MOVED BY COUNCILLOR ANNE MARIE PHILIPSEN That the Municipal Planning Commission APPROVE Development Permit 2018006, for the installation of a new 960 ft2 (89 mz) manufactured 1 home, with attached 240 ftz (22 ml) deck to be used as a 2nd dwelling, on lands legally described as NE 1-22-17 W4M. This development approval is subject to the conditions outlined below. DP 2018006 is Approved 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 1892-17. 3. No objections have been received from adjacent landowners or referral agencies with respect to the proposed development. Conditions of Development Approval: a) This approval is effective as of March 15, 2018 (21-day appeal period). b) The development must be located as shown on the site plan approved with the application and submitted January 31, 2018. It must be built according to the description provided with this approval. Any changes shall require the written ( approval of the Development Authority. Page 7 of 9 Municipal Planning Commission February 22, 2018 c) Any additional development shall require prior approval of a separate permit application. d) That the property is not used for conducting a business or commercial operation without first obtaining the required permits. - e) That there is a 10 ft (3 m) separation distance between the new dwelling and any other buildings or structures on the site. f) That the developer shall provide a $5000.00 security deposit, as -the minimum required amount under County Land Use Bylaw 1892-17. Once the development has passed inspection by the County Safety Codes Officer (SCO), the security deposit will be refunded. g) The developer must start construction before March 15, 2019 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 (east): 100 ft (30 m) Side (north and south): n/a Rear (west): n/a General Information for the Developer - Regulations & Codes The proposed development must comply with: a) The provisions pertaining to the Agriculture 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. MOTION CARRIED 8. POST AGENDA ITEMS \ There were no post agenda items. 9. IN CAMERA There were no in camera items. LEFT THE MEETING P. Paetkau left at 11:11 a.m. 10. QUESTION PERIOD There was discussion about the security deposit requirement for RTM and moved -in dwellings but not on new stick -built dwellings. Staff indicated that from previous experience, there have been fewer issues with stick -built dwellings than with RTM or moved -in dwellings. MPC asked if the Home Warranty program was suitable to ensure that RTM and moved -in dwellings were installed correctly. Staff indicated that the Home Warranty program may cover some of the municipal concerns. The new Home Warranty program does not apply to previously occupied moved -in dwellings and the deposit requirement covers a much broader range of matters than the Home Warranty program. 1 This topic will be brought back for further discussion. i (a Page 8 of 9 Municipal Planning Commission February 22, 2018 11. ADJOURN Being that the agenda matters have been concluded the meeting adjourned at 11:15 a.m. Signed by the Chairman and Director of Corporate Services this �& Day of Page 9 of 9 0