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Home My WebLink About2018-04-05 Municipal Planning Commission (Regular) MinutesP-24/18 P-25/18 COUNTY OF NEWELL MUNICIPAL PLANNING COMMISSION MEETING March 22, 2018 The regular Municipal Planning Commission Meeting of the County of Newell was held in the County Office at Brooks, AB on Thursday, March 22, 2018 commencing at 10:00 a.m. MEMBERS PRESENT: M. Douglass, Reeve C. Amulung, Councillor, 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 ABSENT: A.M. Philipsen, Councillor, Vice M.P.C. Chair 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 ATTENDANCE: 1. CALL TO ORDER S. Stanway, Brooks Bulletin The Chairman called the meeting to order at 10:00 a.m. 2. EXCUSED FROM MEETING MOVED BY COUNCILLOR TRACY FYFE that Councillor Anne Marie Philipsen be excused from the meeting. MOTION CARRIED 3. MINUTES 3.1 March 8, 2018 Meeting Minutes MOVED BY REEVE MOLLY DOUGLASS that the minutes of the March 8, 2018 Municipal Planning Commission meeting be adopted as presented. MOTION CARRIED 1 Municipal Planning Commission March 22, 2018 4. CALL FOR POST AGENDA ITEMS The Chairman called for post agenda items. 5. ADOPTION OF AGENDA P-26/18 MOVED BY COUNCILLOR HUBY KALLEN that the agenda be adopted as presented. MOTION CARRIED 6. SUBDIVISIONS 6.1 2018-0-035 - SE1/4 18-19-15-W4M, To subdivide a vacant parcel from a quarter section already at the maximum number of titles allowed in the district by consolidating an existing title to the residual to create a larger agricultural parcel. The County Planner provided background information on the proposed subdivision application. There was discussion about the limit to the number of parcels that could be subdivided in a quarter section of land before rezoning would be required and how this applied to fragmented parcels. P-27/18 MOVED BY COUNCILLOR TRACY FYFE THAT the Country Residential subdivision of SE1/4 18-19-15-W4M (Certificate of Title No. 131 322 790), to subdivide a vacant parcel from a quarter section already at the maximum number of titles allowed within the land use district BE APPROVED by consolidating the residual to an adjacent title thus creating a larger agricultural parcel subject to the following: RESERVE: The 10% reserve requirement, pursuant to Sections 666 and 667 of the Municipal Government Act, be provided as money in place of land on the 3.0 acres at the market value of $4000.00 per acre with the actual acreage and amount to be paid to the County of Newell to be determined at the final stage, for Municipal Reserve Purposes. AND further that, upon receipt of this reserve payment, Caveat 771 137 977 shall be discharged in its entirety as it no longer complies with the Municipal Government Act. 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. 3. That the residual portion of SE1/4 18-19-15-W4M be consolidated with the adjacent 36 -acre title legally known as LSD 3, 18-19-15 in a manner such that the resulting Certificate of Title could not be subdivided without the approval of the Subdivision Authority. MOTION CARRIED Page 2 of 5 Municipal Planning Commission March 22, 2018 7. DEVELOPMENT PERMITS 7.1 DP 2018005 - Lot 2, Block 1, Plan 0510040, Hamlet of Cassils, Installation of a moved -in dwelling The Development Clerk provided background information on the proposed permit application. Staff indicated that under Condition e) the security deposit should be amended to read $5000.00 rather than $2500.00 as written. P-28/18 MOVED BY COUNCILLOR TRACY FYFE That the Municipal Planning Commission APPROVE Development Permit 2018005 for the installation of a moved -in dwelling on lands legally described as Lot 2, Block 1, Plan 0510040, NW 5-19-15 W4M. This development approval is subject to the conditions outlined below. DP 2018005 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 Residential 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 April 12, 2018 (21 -day appeal period). b) The development must be located as shown on the site plan approved with the application and submitted January 29, 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 the developer shall provide a $5000.00 security deposit, as the minimum required amount under County Land Use Bylaw. This deposit will be refunded when the County inspection agency submits the report stating that all work complies with Alberta Safety Codes requirements. f) That the following setbacks on all sides are maintained for this development: Front (north): 100 ft (30 m) Side (west): 5 ft (1.5 m) Rear (south): 135 ft (41 m) g) That the developer shall enter into and sign an indemnity or Save Harmless Agreement with the County, that shall be registered on the land title by caveat prior to the development permit being issued. h) That the existing residence must be removed upon occupancy of the new dwelling, not later than six (6) months from the date of the permit approval. i) That the developer must start construction before April 12, 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. CIO Page 3 of 5 Municipal Planning Commission March 22, 2018 General Information for the Developer - Regulations & Codes The proposed development must comply with: a) The provisions pertaining to the Hamlet Residential 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 2018009 - Lot 1, Block 8, Plan 1510787, W 8-23-18 W4M, Construction of a multi -unit dwelling The Development Clerk provided background information on the proposed permit application. There was discussion about how signing authority for the Hutterian Colonies was established. P-29/18 MOVED BY COUNCILLOR KELLY CHRISTMAN That the Municipal Planning Commission APPROVE Development Permit 2018009, for the construction of a 12,288 ft2 (1142 m2) multi -unit dwelling at Newell Colony, subject to the conditions outlined below. This permit is being granted only to provide approval for the construction of a 12,288 ft2 (1142 m2) multi -unit dwelling at Newell Colony on lands legally described as Lot 1, Block 8, Plan 1510787, W 8-23-18 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 2018009 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 a) That this development is located as shown on the site plan approved in this application and submitted February 20, 2018. 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. Page 4 of 5 Municipal Planning Commission March 22, 2018 c) That there is a 10 ft (3 m) separation distance between the new building and any other buildings or structures. d) That the existing two residences must be removed upon occupancy of the new dwelling, not later than six (6) months from the date of the permit approval. e) The developer must start construction before April 12, 2019. In the event that this date cannot be met, the developer may be required to apply for a new permit. f) That the following setbacks on all sides are maintained for this development: Front (west): 100 ft (30 m) Side (north and south): 25 ft (7.6 m) Rear (east): 25 ft (7.6) MOTION CARRIED 8. POST AGENDA ITEMS There were no post agenda items. 9. IN CAMERA There were no in camera items. 10. INFORMATION ITEMS 10.1 Notice of Public Hearing - Cypress County 11. QUESTION PERIOD 12. ADJOURN Being that the agenda matters have been concluded the meeting adjourned at 10:14 a.m. Signed by the Chairman and Director of Corporate Services this 19 Day of 2018. Chairman Director of Corp rat Services Page 5 of 5