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Home My WebLink About2018-03-08 Municipal Planning Commission (Regular) MinutesCOUNTY OF NEWELL MUNICIPAL PLANNING COMMISSION MEETING March 8, 2018 The regular Municipal Planning Commission Meeting of the County of Newell was held in the County Office at Brooks, AB on Thursday, March 8, 2018 commencing at 10:02 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 T. Fyfe, Councillor K. Christman, Councillor E. Unruh, Councillor B. de Jong, Councillor L. Juss, Councillor ABSENT: W. Hammergren, Councillor STAFF: K. Stephenson, CAO L. Johnson, Director of Corporate Services D. Horvath, County Planner, ORRSC A. Wickert, Manager of Planning & Development S. Simpson, Development Clerk P. Elliott, Administrative Assistant, Planning & Development OTHERS IN S. Stanway, Brooks Bulletin ATTENDANCE: K. Drake, Ratepayer DP 2017078 & 79 D. Sinclair, Liberty Trucking, DP 2017078 & 79 B. Sinclair, Liberty Trucking, DP 2017078 & 79 R. Petkau, Ratepayer, DP 2017078 & 79 D. Finnerty, Ratepayer, DP 2017078 & 79 T. O'Hara, Ratepayer, DP 2017078 & 79 1. CALL TO ORDER The Chairman called the meeting to order at 10:02 a.m. ARRIVED AT MEETING A. Wickert arrived at 10:03 a.m. 2. EXCUSED FROM MEETING P-18/18 MOVED BY COUNCILLOR TRACY FYFE that Councillor Wayne Hammergren be excused from the meeting. MOTION CARRIED Municipal Planning Commission March 8, 2018 3. CALL FOR POST AGENDA ITEMS The Chairman called for post agenda items. 4. MINUTES 4.1 February 22, 2018 Meeting Minutes P-19/18 MOVED BY COUNCILLOR KELLY CHRISTMAN that the minutes of the February 22, 2018 Municipal Planning Commission meeting be adopted as presented. MOTION CARRIED 5. ADOPTION OF AGENDA P-20/18 MOVED BY COUNCILLOR ELLEN UNRUH that the agenda be adopted as presented. MOTION CARRIED 6. DEVELOPMENT REPORT The Development Clerk was available to respond to questions from MPC. This item was accepted as information. 7. DEVELOPMENT PERMITS 7.1 DP 2017078 - NW 31-20-14 W4M, Auction Market The Development Clerk provided background information on the proposed permit application. MPC inquired about the condition of approval that the Auction Market shall not exceed 2 consecutive days. The applicant indicated that there was a possibility the auction may run up to 3 days but was planning to limit it to 2 days. MPC asked if unsold items would be stored on site. The applicant replied that the agreement with the auction house stipulated that all unsold items had to be removed after the sale. MPC asked about the method for circulating the application. Staff indicated that development permit applications are circulated to adjacent landowners and publicised as per Land Use Bylaw requirements. Notification requirements may be changed through bylaw amendment. P-21/18 MOVED BY COUNCILLOR ELLEN UNRUH to approve Development Permit 2017078 to use the site for an Auction Market and change Condition d) to read `not exceed 3 consecutive days in duration. MOTION DEFEATED Page 2 of 6 Municipal Planning Commission March 8, 2018 The applicant and concerned ratepayers were given the opportunity to address MPC C) and respond to questions from MPC. P-22118 MOVED BY COUNCILLOR BRIAN DE JONG That the Municipal Planning Commission APPROVE Development Permit 2017078 to use the site for an Auction Market, on lands legally described as NW 31-20-14 W4M. This development is subject to the conditions outlined below. DP 2017078 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 Rural Business District (Schedule 2), 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 29, 2018 (21-day appeal period). b) The development must be located as shown on the site plan approved with the application and submitted November 7, 2017. Any changes to that plan shall require the written approval of the Development Authority. c) That no structures or buildings may be installed or constructed in accordance with this use, without formal permit approval from the Development Authority and/or the County's accredited Alberta Safety Codes Officer. d) That the Auction Market shall not exceed 2 consecutive days in duration. e) That Auctions may be held on the site up to 4 times annually, with a two -week set up prior to the auction and a one week ;clean up. Information for the Developer - Regulations & Codes The proposed development complying with: a) The provisions pertaining to the Rural 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 7.2 DP 2017079 - NW 31-20-14 W4M, Training facility for racing vehicles - 'Commercial - Private Recreation' The Development Clerk provided background information on the proposed permit application. The applicant was available to respond to questions from MPC. Prior to any in-depth discussion occurring, he read a prepared statement, withdrawing the application. MPC Chair Amulung acknowledged that MPC considered the application formally withdrawn and thanked the applicant for his attendance at the meeting. Page 3 of 6 Municipal Planning Commission March 8, 2018 7.3 DP 2018003 -Lot 28, Block 7, Plan 1512324, NW 20-20-13 W4M, Compliance for an as -built accessory building 0 The Development Clerk provided background information on the proposed permit application. LEFT THE MEETING D. Sinclair, B. Sinclair, K. Drake, R. Petkau, D. Finnerty & T. O'Hara left at 10:32 a.m. MPC inquired whether the locations and setbacks of the buildings were considered during the recent subdivision of the property. Staff indicated that it appeared the building may have been constructed after the subdivision had been approved. P-23/18 MOVED BY COUNCILLOR ANNE MARIE PHILIPSEN That the Municipal Planning Commission APPROVE Development Permit 2018003, for the compliance of a 1119 ft2 (104 m2) as -built accessory building, on lands legally described as Lot 28, Block 7, Plan 1512324, NW 20-20-13 W4M. This development approval is subject to the conditions outlined below. DP 2018003 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; except the proposed variance. 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 29, 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. 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 following setbacks on all sides are maintained for this development: Side (south): 10 ft (3 m) Rear (east): 9 ft (2.6 m) 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 0 Page 4 of 6 Municipal Planning Commission March 8, 2018 8. EDUCATION ITEM 8.1 Cannabis in Alberta Legalization The County Planner provided background information. Staff explained that, prior to applying for municipal approval, applicants were required to pass eligibility standards from federal and/or provincial authorities. She added that the requirements being set up to operate a cannabis retail store are very strict, such as the operation must be in a stand-alone building and a set distance from schools and other sensitive uses. The Land Use Bylaw will need to be amended in the future to add guidelines regarding retail cannabis sales. 9. POST AGENDA ITEMS There were no post agenda items. 10. IN CAMERA There were no in camera items. 11. INFORMATION ITEMS 11.1 NRCB Application LA18004 - Takeda Farming Co. Ltd. C MPC asked how the NRCB will regulate this CFO expansion so that run-off into the Bow River and the surrounding environment is minimized. Staff will contact NRCB in this regard. She added that, as per IDP requirements, the M.D. of Taber will be notified of the application. 12. QUESTION PERIOD MPC inquired about making the development permit forms fillable online. Staff indicated that the forms on the County website may be filled out online. MPC requested clarification about notification requirements for development permits and asked if changes were required. Staff responded that notifications to adjacent landowners, agencies, and the public are circulated as per Land Use Bylaw requirements. She added that there is a need to be consistent with how development notifications are circulated so that all applications are treated in the same way. It was suggested that notification requirements could be discussed further in a future meeting. Page 5 of 6 Municipal Planning Commission March 8, 2018 13. ADJOURN Being that the agenda matters have been concluded the meeting adjourned at 11:12 a.m. Signed by the Chairman and Director of Corporate Services this a Day of Page 6 of 6