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HomeMy WebLinkAbout2018-07-05 Municipal Planning Commission (Regular) MinutesCOUNTY OF NEWELL MUNICIPAL PLANNING COMMISSION MEETING July 5, 2018 The regular Municipal Planning Commission Meeting of the County of Newell was held in the County Office at Brooks, AB on Thursday, July 5, 2018 commencing at 10:01 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 A. Wickert, Manager of Planning & Development S. Simpson, Development Clerk P. Elliott, Administrative Assistant, Planning & Development OTHERS IN S. Stanway, Brooks Bulletin ATTENDANCE: S. Deshpande, Riddell Kurczaba Architects DP2018043 S. Singh, RMMI DP2018043 L. E. Parra, RMMI DP2018043 E. Connors, RMMI DP2018043 D. Takeda, Ratepayer DP2018043 D. Shanks, Applicant DP2018039 B. Shanks, Applicant DP2018039 1. CALL TO ORDER The Chairman called the meeting to order at 10:01 a.m. 2. EXCUSED FROM MEETING All members were present. (VI Municipal Planning Commission July 19, 2018 3. MINUTES 3.1. June 21, 2018 Meeting Minutes P-50/18 MOVED BY COUNCILLOR TRACY FYFE that the minutes of the June 21, 2018 Municipal Planning Commission meeting be adopted as presented. MOTION CARRIED 4. CALL FOR POST AGENDA ITEMS The Chairman called for post agenda items. 5. ADOPTION OF AGENDA P-51/18 MOVED BY COUNCILLOR ANNE MARIE PHILIPSEN that the agenda be adopted as presented. MOTION CARRIED 6. DEVELOPMENT REPORT The Permitted Use Report was accepted as information. 7. DEVELOPMENT PERMITS 7.1. DP 2018043 - Lot 8, Block 4, Plan 0612650, NW 19-18-14 W4M, Operation of a Medical Marijuana Production Facility The Development Clerk provided background information on the proposed permit application. Staff recommended that, due to an error on the date on the Notice of Application sent to adjacent landowners, the decision on the permit be tabled to the July 19, 2018 meeting. E. Connors, CEO of Rocky Mountain Marijuana Inc, (RMMI) was given the opportunity to make a presentation to MPC and respond to questions. E. Connors informed MPC that the company chose the County of Newell as their production location because they found a great property in an industrial area and the County was very receptive to the application. E. Connors explained that the operation will produce cannabis oil using an aeroponics system and a CO2 extraction process. He added that the remaining pulp could be disposed of either in the land fill or by composting. E. Connors indicated that Health Canada have very strict regulations regarding security and odor emissions. Adjacent landowner D. Takeda indicated that her primary concern with the application was security, which had been answered by E. Connors. E. Connors reiterated that security would be extremely tight, requiring such things as forensic quality CCTV cameras, and fencing surrounding the property. LEFT THE MEETING E. Connors, S. Deshpande, S. Singh and L. E. Parra left at 10:50 a.m. Page 2 of 7 Municipal Planning Commission July 19, 2018 ,,P-52/18 MOVED BY COUNCILLOR LIONEL JUSS That the Municipal Planning Commission TABLE Development Permit 2018043 until the July 19, 2018 MPC meeting. MOTION CARRIED 7.2. DP 2018034 -Lot 8, Block 1, Plan 7910698, NW 11-21-18 W4M, Installation of a Manufactured home 2 with addition and deck The Development Clerk provided background information on the proposed permit application. There were no questions from MPC. P-53/18 MOVED BY COUNCILLOR KELLY CHRISTMAN That the Municipal Planning Commission APPROVE Development Permit 2018034, for the installation of a 1200 ft2 (111 m2) manufactured dwelling 2, addition and attached 400 ft2 (37 m2) deck, on lands legally described as Lot 8, Block 1, Plan 7910698, NW 11-21-18 W4M. This development approval is subject to the conditions outlined below. DP 2018034 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 C� 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 July 5, 2018 (21-day appeal period) The development must be located as shown on the site plan approved with the application and submitted June 4, 2018. It must be built according to the description provided with this approval. Any changes shall require the written approval of the Development Authority. b) That the existing dwelling be removed within 6 months of occupancy of the new dwelling. c) That the minimum security deposit amount of $5000 is paid prior to the issuance of a Building permit. This deposit will be refunded when the County inspection agency submits the report stating that all work complies with Alberta Safety Codes requirements. d) Any additional development shall require prior approval of a separate permit application. e) That the property is not used for conducting a business or commercial operation without first obtaining the required permits. f) That the following setbacks are maintained for this development: Front (north): 50 ft (15.2 m) Side (east): 50 ft (15.2 m) Side (west): 25 ft (7.6 m) Rear (south): 25 ft (7.6 m) Page 3 of 7 Municipal Planning Commission July 19, 2018 g) That the developer must start construction before July 26, 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. The proposed development must comply with: a) The provisions pertaining to the Acreage 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 7.3. DP 2018038, Lot 8, Block 1, Plan 7910698, NW 11-21-18 W4M, Approval of an as -built horse shelter The Development Clerk provided background information on the proposed permit application. There were no questions from MPC. P-54/18 MOVED BY REEVE MOLLY DOUGLASS That the Municipal Planning Commission APPROVE Development Permit 2018038, for the approval of an existing 299 ft2 (28 m2) horse shelter, on lands legally described as Lot 8, Block 1, Plan 7910698, NW 11-21-18 W4M. This development approval is subject to the conditions outlined below. DP 2018038 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; 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 July 5, 2018 (21-day appeal period) The development must be located as shown on the site plan approved with the application and submitted June 4, 2018. It must be built according to the description provided with this approval. Any changes shall require the written approval of the Development Authority. b) Any additional development shall require prior approval of a separate permit application. c) That the property is not used for conducting a business or commercial operation without first obtaining the required permits. d) That the following setbacks are maintained for this development: Front (north): 23 ft (7 m) Side (east): 50 ft (15.2 m) Side (west): 25 ft (7.6 m) Rear (south): 25 ft (7.6 m) The proposed development must comply with: 91 Page 4 of 7 Municipal Planning Commission July 19, 2018 a) The provisions pertaining to the Acreage 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 7.4. DP 2018039 - Lot PT 5, Block A, Plan 17741LK, SE 6-19-14 W4M, Food Truck The Development Clerk provided background information on the proposed permit application. The Planner indicated that the food truck did not fully comply with the requirements for a Home Occupation 2 because the permit application included the ability to serve food at the home site which made it, by definition, a restaurant. Discussion followed, regarding the definition of a restaurant, the operation of the food truck on the site, parking requirements, and whether that part of the application should be removed. Staff suggested that Condition e) be removed, so that the food truck would operate as a use that left the site for the day and returned at the end of the day, making it suitable for approval as a Home Occupation business. The applicant, D. Shanks, provided clarification about the intended use of the food truck and the use of the truck for special events. He agreed with removing the ability to operate the food truck from the home site in order for MPC to approve the permit. LEFT THE MEETING D. and B. Shanks left at 11:12 a.m. O P-55/18 MOVED BY COUNCILLOR KELLY CHRISTMAN That the Municipal Planning Commission APPROVE the Home Occupation Permit 2018039 to operate a food truck business, on lands legally described as Lot PT 5, Block A, Plan 1774LK, SE 6-19-14 W4M. This development approval is subject to the conditions outlined below. DP 2018039 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), Standards of Development (Schedule 3) and Home Occupations (Schedule 4, Section 9), 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 July 26, 2018 (21-day appeal period). b) The development must be located as shown on the site plan approved with the application and submitted June 5, 2018. Any changes shall require the written approval of the Development Authority. c) Any additional or intensification of the development shall require prior approval of a separate permit application. l d) That there are no more than 2 resident employees involved in the operation of this �J business. q'� Page 5 of 7 Municipal Planning Commission July 19, 2018 The proposed development must comply with: a) The provisions pertaining to the Acreage 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 P-56/18 MOVED BY COUNCILLOR KELLY CHRISTMAN that the MPC meeting RECESS at 11:12 a.m. MOTION CARRIED MEETING RECONVENED AT 2:00 p.m. 8. SUBDIVISIONS 8.1 2018-0-077 SW1/4 9-20-17-W4M, To create one new parcel approximately 12.82 acres (5.19 ha) in size containing a quonset and grain bins, from a previously subdivided quarter section for residential use The County Planner provided background information on the proposed application. MPC commented that the parcels appeared to be owned by different people. Staff replied that brothers own the two parcels. P-57/18 MOVED BY COUNCILLOR ELLEN UNRUH THAT the Agricultural subdivision of SW1/4 9-20-17-W4M (Certificate of Title No. 981 088 505), to create one new parcel approximately 12.82 acres (5.19 ha) in size 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 the existing parcel legally known as Yellow Parcel, Plan 8386 EO be consolidated with the adjacent parcel legally known as NW 4-20-17-W4M in a manner such that the resulting Certificate of Title could not be subdivided without the approval of the Subdivision Authority. MOTION CARRIED 8.2. 2018-0-079 - SW1/4 26-14-13-W4M, To create one new parcel approximately 6.28 acres (2.54 ha) in size, containing an existing residence and improvements, from a previously unsubdivided quarter section for residential use. The County Planner provided background information on the proposed application There were no questions from MPC. P-58118 MOVED BY COUNCILLOR BRIAN DE JONG THAT the Country Residential subdivision of SW1/4 26-14-13-W4M (Certificate of Title No. 801 001 926), to create one new parcel approximately 6.28 acres (2.54 ha) in size, containing an existing residence and improvements, from a previously unsubdivided quarter section for residential use: BE l APPROVED subject to the following: li- Page 6 of 7 Municipal Planning Commission July 19, 2018 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. MOTION CARRIED 9. OTHER BUSINESS 9.1. Solar Collector Requirements in Land Use Bylaw The Development Clerk provided background information on this item. MPC was given the opportunity to ask questions. MPC inquired about changes to the height restriction. Staff indicated that the maximum height suggestion was as recommended by solar companies. MPC requested that staff draft information for review at a future meeting. 10. POST AGENDA ITEMS There were no post agenda items. 11. IN CAMERA There were no in camera items. 12. INFORMATION ITEMS 12.1. LA18033 Hutterian Brethren of Bow City - Decision Package This item was accepted as information. 13. QUESTION PERIOD 14. ADJOURN Being that the agenda matters have been concluded the meeting adjourned at 2:18 p.m. Signed by the Chairman and Director of Corporate Services this /7 Day of - U L 2018. Chairman Director of Corp a Services Page 7 of 7