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HomeMy WebLinkAbout2018-09-20 Municipal Planning Commission (Regular) MinutesCOUNTY OF NEWELL MUNICIPAL PLANNING COMMISSION MEETING September 20, 2018 The regular Municipal Planning Commission Meeting of the County of Newell was held in the County Office at Brooks, AB on Thursday, September 20, 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: C. Fortin, DP2018081 J. Hiebert, Applicant DP2018081 J. Bueckert, Applicant DP2018081 J. Berg, Applicant DP2018081 1. CALL TO ORDER The Chairman called the meeting to order at 10:02 a.m. 2. EXCUSED FROM MEETING P-77/18 MOVED BY COUNCILLOR ELLEN UNRUH that Councillor Wayne Hammergren be excused from the meeting. 3. MINUTES 3.1 September 6, 2018 Meeting Minutes 3/18 MOVED BY COUNCILLOR ANNE MARIE PHILIPSEN that the Council Meeting minutes be adopted as amended. Municipal Planning Commission September 20, 2018 The following change was made to the 2018-09-06 MPC minutes: Page 3 - Item c) — change September 6 to read September 27 MOTION CARRIED 4. CALL FOR POST AGENDA ITEMS The Chairman called for post agenda items. 5. ADOPTION OF AGENDA P-79/18 MOVED BY COUNCILLOR TRACY FYFE that the agenda be adopted as presented. MOTION CARRIED 6. DEVELOPMENT PERMITS 6.1 DP 2018076 - Block 2, Plan 9211685, SE 36-18-15 W4M, Construction of an agricultural building in a Fringe district. The Development Clerk provided background information on the proposed permit application. There were no questions. P-80118 MOVED BY COUNCILLOR TRACY FYFE That the Municipal Planning Commission APPROVE Development Permit 2018075, for the construction of a 4800 ft2 (446 m2) agricultural building on the farm site on lands legally described as Block 2, Plan 9211685, SE 36-18-15 W4M. This development approval is subject to the conditions outlined below. DP 2018075 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 October 11, 2018 (21-day appeal period). b) The development must be located as shown on the site plan approved with the application and submitted August 22, 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 2 of 6 Municipal Planning Commission September 20, 2018 c) Any additional development shall require prior approval of a separate permit application. ld) That the property is not used for conducting a business or commercial operation without first obtaining the required permits. e) That the proposed accessory building (shop) is not used for living purposes. f) That there is a 10 ft (3 m) separation distance between the new building and any other buildings or structures. g) The developer must start construction before October 11, 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 & south) 25 ft (7.6 m) Rear: (west) 25 ft (7.6 m) The proposed development must comply 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. MOTION CARRIED 6.2 DP 2018077 - NW 9-21-18 W4M, Installation of a Manufactured 1 Dwelling C The Development Clerk provided background information on the proposed permit application. There were no questions. P-81118 MOVED BY COUNCILLOR KELLY CHRISTMAN That the Municipal Planning Commission APPROVE Development Permit 2018077, for the installation of a new 1520 ft2 (141 m2) manufactured 1 home, with attached 300 ft2 (28 m2) deck on lands legally described as NW 9-21-18 W4M. This development approval is subject to the conditions outlined below. DP 2018077 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 October 11, 2018 (21-day appeal period). b) The development must be located as shown on the site plan approved with the application and submitted August 28, 2018. It must be built according to the (t� Page 3 of 6 Municipal Planning Commission September 20, 2018 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 existing dwelling be removed upon occupancy of the new dwelling. f) That there is a 10 ft (3 m) separation distance between the new dwelling and any other buildings or structures on the site. g) That the developer shall provide a $5000.00 security deposit, as the minimum required amount under County Land Use Bylaw 1892-17 prior to the Building Permit being issued. Once the development has passed inspection by the County Safety Codes Officer (SCO), the security deposit will be refunded. h) The developer must start construction before October 11, 2019, in the event that this date cannot be met, the developer may be required to apply for a new permit. i) That the following setbacks on all sides are maintained for this development: Front (west): 80 ft (24 m), variance from 100 ft (30 m) Side (north): 25 ft (7.6 m) Side (south): 25 ft (7.6 m) Rear (east): 25 ft (7.6 m) 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 6.3 DP 2018081 - Block 1, Plan 9511874, SE 1-19-16 W4M, Change in use — Church The Development Clerk provided background information on the proposed permit application. J. Bueckert stated that they understood the adjacent landowner's requests, but the church would prefer not to plant trees along the easement as it would restrict their view of the Highway 542. He added that they were not opposed to fencing but they felt the fence would create an issue for the adjacent landowner in the winter with snow build-up. MPC asked if there was any need to keep the south access, since primary access into the church property will be from RR 150. J. Bueckert indicated that the members would prefer to keep the easement because it would allow vehicles to use both accesses. LEFT THE MEETING A. Wickert left at 10:14 a.m. The County Planner told MPC that the Manager of Planning & Development was printing off a copy of the easement agreement. She indicated that since the LL Page 4 of 6 Municipal Planning Commission September 20, 2018 easement is on a private driveway and there may be maintenance concerns, it �j may be helpful to review it. C. Fortin stated that he has full rights to use the road (private driveway) under the easement agreement and that he maintains it as well. He added that he does not want the access easement removed because he is not sure what the future holds for this site. RETURNED TO MEETING A. Wickert returned at 10:17 a.m. MPC asked the applicants about their intentions regarding the length of the lease and future plans for the property. C. Fortin replied that they wanted development permit approval before confirming plans for the church. J. Bueckert stated that the church has no plans to start a school at this location. Upon review of the easement document, the County Planner indicated that it is a standard agreement, created at time of subdivision between the landowners, with no mention of maintenance or that two accesses are required for the subdivided property. The County Planner indicated that it is MPC's responsibility to establish appropriate access to the property, not the landowner. She recommended that MPC limit access to the road approach from RR 150 and to block off the access to the south. MPC requested that condition: (0 that the applicant shall install signage directing all traffic to enter and exit the property directly onto RR 150 from the east side of the property, be added. There was further discussion about access requirements for the property and the County's role in establishing or removing access. P-82/18 MOVED BY COUNCILLOR TRACY FYFE That the Municipal Planning Commission APPROVE Development Permit 2018081 for the change in use of a contractor's yard to a church, on lands legally described as Block 1, Plan 9511874, SE 1-19-15 W4M. This development approval is subject to the conditions outlined below. DP 2018081 is Approved for the following reasons: 1. The proposed development complies with both the Municipal Development Plan and the Intermunicipal 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. Conditions of Development Approval a) This approval is effective as of October 11, 2018 (21-day appeal period). b) The development must be located as shown on the site plan approved with the application and submitted August 10, 2018. It must be utilized according to the description provided with this approval. Any changes shall require the written approval of the Development Authority. Page 5 of 6 Municipal Planning Commission September 20, 2018 c) That there are no outdoor activities on the parcel. d) That 100 parking spots are designated on the site. All vehicles associated with the church must park on the site at all times. No parking will be permitted on the County road, the road right-of-way, or the access easement on the parcel to the south of the site. e) Any additional or intensification of this development shall require prior approval of a separate permit application. f) That access to parcel betaken from RR150 and signage be posted that no exit through the access to the south and west of the parcel. The proposed development must comply 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. POST AGENDA ITEMS There were no post agenda items. 8. IN CAMERA There were no in camera items. 9. QUESTION PERIOD 10. ADJOURN Being that the agenda matters have been concluded the meeting adjourned at 10:50 a.m. Signed by the Chairman and Director of Corporate Services this 4�_ Day of (1) e,&L ew . 12018. qhairm'an Director of Corpo a e Services Page 6 of 6