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HomeMy WebLinkAbout2018-12-20 Municipal Planning Commission (Regular) Minutesi) P-96118 COUNTY OF NEWELL MUNICIPAL PLANNING COMMISSION MEETING December 20, 2018 The regular Municipal Planning Commission Meeting of the County of Newell was held in the County Office at Brooks, AB on Thursday, December 20, 2018 commencing at 10:00 a.m. MEMBERS PRESENT: M. Douglass, Reeve 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 ABSENT: C. Amulung, Councillor, M.P.C. Chair 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: M. Janzeh, Applicant DP2018099, 2018100 F. Preston, Ratepayer V. Haaf, Inland/Lehigh Hanson, DP2018056 R. Schim'pf, Inland/Lehigh Hanson, DP2018056 C. Brown,, Inland/Lehigh Hanson, DP2018056 N. Thomas, Inland/Lehigh Hanson, DP2018056 1. CALL TO ORDER The Vice Chairman called the meeting to order at 10:00 a.m. 2. EXCUSED FROM MEETING MOVED BY REEVE MOLLY DOUGLASS that Councillor Clarence Amulung and Councillor Lionel Juss be excused from the meeting. 3. MINUTES 3.1 December 6, 2018 Meeting Minutes MOTION CARRIED P-99/18 MOVED BY COUNCILLOR WAYNE HAMMERGREN that the minutes of the December 6, 2018 Municipal Planning Commission meeting be adopted as presented. C� MOTION CARRIED Municipal Planning Commission December 20, 2018 4. CALL FOR POST AGENDA ITEMS The Chairman called for post agenda items. \ l 5. ADOPTION OF AGENDA P-100/18 MOVED BY COUNCILLOR HUBY KALLEN that the agenda be adopted as presented. MOTION CARRIED 6. SUBDIVISIONS 6.1 2018-0-184 - NW1/410-17-13-W4M, To create one new parcel approximately 5.98 acres (2.42 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. MPC was given the opportunity to ask questions. P-101/18 MOVED BY COUNCILLOR TRACY FYFE THAT the Country Residential subdivision of NW1/4 10-17-13-W4M (Certificate of Title No. 181 060 040), to create one new parcel approximately 5.89 acres (2.42 ha) in size containing an existing residence and improvements, from a previously unsubdivided 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. __l 2. That the applicant install a septic tank and field or other suitable private sewage disposal treatment system to replace the existing open discharge system that cannot meet the required 300 ft (90 m) setback from the new property lines as per the Alberta Private Sewage Systems Standard of Practice 2009. 3. That a FortisAlberta easement be established. MOTION CARRIED 6.2 2018-0-187 - SWIM 12-21-16-W4M, To create one new parcel approximately 4.79 acres (1.93 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. At the request of MPC, the County Planner read the letter received from a ratepayer. MPC asked if there was a limit to the number of subdivisions allowed in an area. The County Planner explained that the Municipal Development Plan and the Land Use Bylaw outline how the County allows for subdivision of lands. For each quarter section parcel of land, a landowner is allowed one (1) subdivision, without the need to rezone it to another land use district. The subdivision may be either to create a vacant parcel or for a homestead separation. Neither the Municipal Development 1 Plan nor the Land Use Bylaw provides direction regarding the density of subdivisions over several quarter sections of land. ft Page 2 of 7 Municipal Planning Commission December 20, 2018 P-102/18 MOVED BY COUNCILLOR KELLY CHRISTMAN THAT the Residential subdivision of SW1/4 12-21-16-W4M (Certificate of Title No. 801 109 087) to create one new parcel approximately 4.79 acres (1.96 ha) in size, containing an existing residence and improvements, from a previously unsubdivided 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. MOTION CARRIED 7. DEVELOPMENT PERMITS 7.1 DP 2018099 - SE 21-21-16 W4M, Installation of a moved in dwelling, attached garage and deck The Development Clerk provided background information on the proposed permit application. MPC was given the opportunity to ask questions. P-103/18 MOVED BY COUNCILLOR ELLEN UNRUH That the Municipal Planning Commission APPROVE Development Permit 2018099, for the installation of a previously lived in 1124 ft2 (104 m2) moved in dwelling, originally constructed in 1999, with attached 120 ft2 (11 m2) deck and 572 ft2 (53 m2) attached garage on the site, on lands legally described as SE 21- 21-16 W4M. This development approval is subject to the conditions outlined below. DP 2018099 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 January 10, 2019 (21-day appeal period). b) The development must be located as shown on the site plan approved with the application and submitted November 16, 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 existing residence must be removed upon occupancy of the new dwelling, not later than twelve (12) months from the date of the permit approval, no later than January 10, 2020. Page 3 of 7 Municipal Planning Commission December 20, 2018 e) That the property is not used for conducting a business or commercial operation without first obtaining the required permits. C) 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. 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 January 10, 2020. 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 (east): 100 ft (30 m) Side (north and 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 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 7.2 DP 2018100 - SE 21-21-16 W4M, Approval of two as -built agricultural buildings with a variance to the right-of-way The Development Clerk provided background information on the proposed permit application. MPC was given the opportunity to ask questions. P-104/18 MOVED BY COUNCILLOR BRIAN DE JONG That the Municipal Planning Commission APPROVE Development Permit 2018100, for the approval of an as -built 2400 ft' (223 m2) agricultural building and a 400 ft2 (37 m2) agricultural building with a variance to the road right-of-way setback on the site, on lands legally described as SE 21-21-16 W4M. This development approval is subject to the conditions outlined below. DP 2018100 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. (6 Page 4 of 7 Municipal Planning Commission December 20, 2018 Conditions of Development Approval: a) This approval is effective as of January 10, 2019 (21-day appeal period). b) The development must be located as shown on the site plan approved with the application and submitted November 20, 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 any buildings or structures on the site. f) That the following setbacks on all sides are maintained for this development: Front (east): 82 ft (25 m) Building 1 to the road right-of-way Front (east): 58 ft (18 m) Building 2 to the road right-of-way 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 LEFT THE MEETING M. Janzen and F. Preston left at 10:17 a.m. 73 DP 2018056 - NE 15-17-17 W4M, SE 22-17-17 W4M, Resource Extraction Operation -DELEGATION 10:15 a.m. The Development Clerk provided background information on the proposed permit application. V. Haaf provided a brief overview of the gravel extraction operation, including plans for reclamation and mitigation of dust on access roads. R. Schimpf explained that since the first phase of the project has not been completed, reclamation has not yet begun. MPC asked about the history of the pit. R. Schimpf explained that the operation was started by Revelstoke Concrete and then taken over by Lehigh Hanson around 12 years ago. He added that since the company had let the operation lapse for a period of months, new provincial legislation stipulated that they were required to reapply for permits. 6&1, Page 5 of 7 Municipal Planning Commission December 20, 2018 R. Schimpf explained that the company will haul gravel for three (3) weeks at a time, which will limit ongoing and continuous disruptions to the neighbours. He added that Lehigh Hanson will crush gravel for 2 weeks at a time, 24 hours per \ l day, then wash for 2 weeks, ideally during the months of April and May. J MPC asked if the prevailing winds carrying dust will affect adjacent landowners. R. Schimpf replied that any neighbours affected by dust will be addressed as needed. N. Thomas said that the Lehigh Hanson will inform neighbours about the hours of operation, keeping the community in general informed about the operation. She added that, in regard to reclamation, Alberta Environment requires a letter of credit or bond which is held until they are satisfied that all reclamation has been completed. MPC asked why a new road is being constructed. R. Schimpf explained that the existing access road is owned by the Crown, who do not allow long-term use. The company has an agreement in place to use the road until May 2019, after which they will be requesting an extension to May 2020 by which time construction of the new access road will be finished. P-105/18 MOVED BY COUNCILLOR KELLY CHRISTMAN That the Municipal Planning Commission APPROVE Development Permit 2018056., for a Resource Extraction Operation on lands legally described as NE 15-17-17 W4M, SE 22-17-17 W4M. This development approval is subject to the conditions outlined; below. DP 2018056 is Approved for the following reasons: 1. The proposed development complies with the Municipal Development Plan. C� 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. Conditions of Development Approval: a) This approval is effective as of January 10, 2019 (21-day appeal period). b) The development must be located as shown on the site plan approved with the application and submitted June 21, 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) The applicant enter into a Development Agreement for the construction of RR173 and road approach into NE 15-17-17 W4M to County standards. e) The developer must start construction before January 10, 2020. In the event that this date cannot be met, the developer may be required to apply for a new permit. 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. 0 Page 6 of 7 Municipal Planning Commission December 20, 2018 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. 10. INFORMATION ITEMS 10.1 Bylaw 2018-39 LUB Amendment -Wheatland County This item was accepted as information. 11. QUESTION PERIOD 12. ADJOURN Being that the agenda matters have been concluded the meeting adjourned at 10:35 a.m. Signed by the Chairman and Director of Corporate Services this 2 Day of L%QRH- Page 7 of 7 0