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.
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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.
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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.
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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.
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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.
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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.
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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.
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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
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