HomeMy WebLinkAbout2007-11-27 Municipal Planning Commission (Regular) MinutesCOUNTY OF NEWELL NO. 4
MUNICIPAL PLANNING COMMISSION MEETING
November 27, 2007
The regular Municipal Planning Commission Meeting of the County of Newell No. 4 was
held in the County Office at Brooks, AB on Tuesday, November 27, 2007 commencing
at 10:00 a.m.
MEMBERS
PRESENT: W. Daniels, Councillor
A. Eastman, Councillor
B. DeJong, Councillor
M. Douglass, Councillor
A.M. Philipsen, Councillor
I. Schroeder, Councillor
R. Andrews, Councillor
B. McKellar, Member
S. Swenson, Member
STAFF: R. Roycroft, Development Control Officer
D. Horvath, Planner - ORRSC
K. Stephenson, Chief Administrative Officer
D. Sutter, Administrative Secretary
OTHERS IN
'" ATTENDANCE: David Wiens, #2007-402 & #2007-0-403
1. CALL TO ORDER
The Chairman called the meeting to order at 10:00 a.m.
2. EXCUSED FROM MEETING
P-157/07 MOVED BY COUNCILOR I. SCHROEDER that Councillor H. Wutzke,
Councillor J. Harbinson and Councillor S. Evans be excused from the
meeting.
MOTION CARRIED
3. MINUTES
a) October 30. 2007
P-158/07 MOVED BY COUNCILLOR M. DOUGLASS that the minutes of the October
30, 2007 Municipal Planning Commission meeting be adopted as presented.
MOTION CARRIED
.--
4. CALL FOR POST AGENDA ITEMS
The Chairman called for post agenda items.
16. POST AGENDA ~~"
b) Development Control Officer Position
The Development Control Officer informed the Board that he had
resigned from his position due to a family decision to move, and that
his last day will be December 27th, 2007.
5. ADOPTION OF AGENDA
P-159/07 MOVED BY COUNCILLOR A. EASTMAN that the agenda be adopted as
amended.
MOTION CARRIED
6. BUSINESS FROM MINUTES
a) Permit #2818 - Pt. SW 5-18-14-W4M
Elizabeth Redelback, Janet Mapes, Ron Redelback (Owners)
Ron Redelback (Applicant)
Legalize Existing Development -Creation of 14 Additional Lots
The Development Control Officer informed the Board that the applicant
is currently in the process of compiling the necessary information,
which includes conducting the sewage disposal inventory that was
requested .
b) Grace Cattle Update
The Development Control Officer informed the board that the owner
will be applying for a development permit rather than applying to re-
zone the parcel.
16. POST AGENDA
c) Rolling Hills Advisory Committee letter follow-up
Re: Ground Preparation under Mobile Homes
The Development Control Officer informed the Board that the building
inspector will determine whether or not the proper steps were taken in
preparing the ground underneath the mobile home. The Board asked
that a reminder letter be sent to the owner reminding him that a
building permit is required.
7. COUNCIL 8c S.D.A.B. REPORT
The County Planner informed the Board that the date for the Peterson
subdivision appeal has been set for December 11th. The applicant will be
requesting a recess, so provided that the Municipal Government Board
grants the recess, the hearing will probably be moving to January. A letter
will be needed from Kevin Stephenson that indicates that the County does
not object to the recess being granted.
November 27, 2007 Municipal Planning Commission Page 2
~-- P-160/07 MOVED by SHELLEY SWENSON that the Council and S.D.A.B report be
accepted.
MOTION CARRIED
Arrived at Meeting
David Wiens arrived at 10:17 a.m.
10. SUBDIVISIONS
a) #2007-0-402 - SW 32-20-17-W4M, Division 8
David & Elsie Wiens (Owner/Applicant)
To subdivide a 5.25 ha (12.97 acre) parcel to create 9 lots of various
sizes for Country Residential use.
The County Planner provided background information on the proposed
subdivision, #2007-0-402, in conjunction with subdivision #2007-0-403.
The Board inquired about the parcel receiving its services from the
Village of Duchess. Mr. Wiens said that they have asked the village for
permission to tie into the village water line for their personal homestead,
and the village stated that until the land is annexed, that they will not
allow use of village water. Other issues discussed included the Traffic
Impact Assessment asked for by Alberta Infrastructure and
Transportation and water drainage onto an adjacent property in the
village. Mr.Wiens stated that all of the land is currently sloped to an EID
,~ drainage ditch on the southern border of the parcel. Mr. Wiens explained
that each lot will also be sloped to drain on both sides in order to better
facilitate the drainage process.
P-161/07 MOVED BY COUNCILLOR I SCHROEDER that the Municipal Planning
Commission APPROVE subdivision #2007-0-402, subject to the following
conditions:
1. That all outstanding property taxes shall be paid to the County of
Newell.
2. That 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 easement as required by ATCO be established prior to
finalization of the application and are to be registered simultaneously
with the legal plan of the subdivision.
4. That a Traffic Impact Assessment (TIA) be prepared by a qualified
transportation professional and reviewed by Alberta Infrastructure and
Transportation.
5. That the final Plan of Survey to be registered at Land Titles shall
dedicate on the plan roads for access to the lots which are to become
public municipal roads. The details, specifications and standards for the
construction of the road as dedicated will be as per the Development
Agreement with the municipality with all costs to be at the applicant or
owners expense.
6. That the applicant submit an engineered stormwater plan to address the
surface runoff and proposed drainage system, with the report stamped
,.-
and sealed by a licensed engineer and deemed to be suitable to the
satisfaction of the County of Newell.
MOTION CARRIED
November 27, 2007 Municipal Planning Commission ~~~ „ , (~ Page 3
b) #2007-0-403 - SW 32-20-17-W4M, Division 8 _
David & Elsie Wiens (Owner/Applicant)
To subdivide a 3.66 ha (9.04 acre) parcel to create 5 lots of various ~~
sizes for Country Residential use.
The County Planner provided background information on the proposed
subdivision, #2007-0-403, in conjunction with subdivision #2007-0-402.
Please see the notes under #2007-0-402 for more information.
P-162/07 MOVED BY COUNCILLOR M. DOUGLASS that the Municipal Planning
Commission APPROVE subdivision #2007-0-402, subject to the following
conditions:
1. That all outstanding property taxes shall be paid to the County of
Newell.
2. That 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 easement as required by ATCO be established prior to
finalization of the application and are to be registered simultaneously
with the legal plan of the subdivision.
4. That a Traffic Impact Assessment (TIA) be prepared by a qualified
transportation professional and reviewed by Alberta Infrastructure and
Transportation.
5. That the final Plan of Survey to be registered at Land Titles shall
dedicate on the plan roads for access to the lots which are to become
public municipal roads. The details, specifications and standards for the
construction of the road as dedicated will be as per the Development
Agreement with the municipality with all costs to be at the applicant or --
owners expense.
6. That the applicant submit an engineered stormwater plan to address the
surface runoff and proposed drainage system, with the report stamped
and sealed by a licensed engineer and deemed to be suitable to the
satisfaction of the County of Newell.
MOTION CARRIED
Further discussion included the Board expressing concern over the
Traffic Impact Assessment requested by Alberta Infrastructure and
Transportation. The opinion of the board seemed to be that Alberta
Infrastructure and Transportation should not be requesting the
assessment as it also involves a County road. Mr. Wiens stated that he
may consider an appeal to the Municipal Government Board.
David Wiens left the meeting at 10:54 a.m.
8. DEVELOPMENT REPORT -OCTOBER 23 - NovEMSER 19, 2007
P-163/07 MOVED BY COUNCILLOR A. EASTMAN that the Development Report be
accepted.
MOTION CARRIED
~~~ November 27 2007 Municipal Planning Commission Page 4
16. POST AGENDA
a) Development in the middle of a quarter section
The Development Control Officer informed the board that the County does
not currently hold jurisdiction over that issue, but that it may be an issue to
discuss along with the Municipal Development Plan. The building of a first
residence in an agricultural district is a permitted use, and thus the
Development Control Officer does not have to bring the proposed permit to
the Municipal Planning Commission. The Development Control Officer does
have the option to bring a permitted use to the Municipal Planning
Commission in a rare situation, but must be able to justify it in case of an
appeal. The County Planner and the Development Control Officer
recommended to the Board that they include their opinions regarding the
location of residences in an agricultural district in the Municipal
Development Plan, but that the decision should ultimately be left up to the
landowner.
9. CORRESPONDENCE
There was no correspondence presented at this meeting.
11. AGRICULTURAL SUPPORT SERVICE PERMITS
There were no Agricultural Support Service Permits to discuss.
,.., 12. STATUTORY PLANS -NEW & AMENDMENTS
There were no new statutory plans or any amendments to existing plans to
discuss.
13. DEVELOPMENT PERMITS
a) Permit #3155 - SE 19-17-13-W4M, Division 2
Colin Tyrer (Owner /Applicant)
Variance to the number of RVs on parcel
The Development Control Officer provided background information on
the proposed development permit. The Board did not seem to have any
issues with the location of the RVs, but were concerned that the land
was not properly zoned for storing more than two RVs. If the applicant
wishes to re-zone the land, then the Board would consider another
application.
P-164/07 MOVED BY COUNCILLOR I. SCHROEDER that the Municipal Planning
Commission REFUSE Development Permit #3155 as it does not comply
with Schedule 4, Section 16 (e) of the Land Use Bylaw and that the
trailers be removed by January 315Y 2008.
MOTION CARRIED
14. HOME OCCUPATION PERMITS
,....
There were no Home Occupation Permits to review.
~l4~
November 27, 2007 Municipal Planning Commission Page 5
15. OTHER BUSINESS
a) December Meeting Date -December 18tn7
P-165/07 MOVED BY COUNCILLOR M. DOUGLASS that the December MPC meeting
be moved from December 25tH to December 18tH
MOTION CARRIED
b) Lake Newell Water Condition
The Development Control Officer provided background information on
this item. He explained to the Board the difficulties with the conditions
that were originally required at the time of approval. The developer is
unable to fulfil condition #9 which requires an agreement with EID for
access to potable water from the existing water plant. The EID has
said that they will not form this agreement as they do not hold the
licence for the plant.
Councillor A. Eastman left the meeting at 11:34 a.m.
Further conversation included discussion of exactly what a water
licence is, and alternative ways of Lake Newell Resort getting their
water. Alternative ways of getting water to Lake Newell Resort
residents include having a water pipeline, using regional water, or
using a cistern. The developer has put a large amount of money into
servicing the lots before having the conditions satisfied and the
subdivision registered. The Board feels that it is the developer's
responsibility to ensure water is available to all of the lots. One
solution to the situation could be modifying the condition, and making
developer responsible for supplying the water. It would then be the
developer's decision as to whether he installs a cistern or waits for
Regional water to come to Lake Newell Resort. The Board decided that
asking for legal advice would be a good idea to ensure that the county
is protected regarding this condition.
P-166/07 MOVED BY B. McKELLAR that the County seek legal advice prior to any
decision being made regarding condition #9 of the original subdivision.
S. Swenson left the meeting at 11:56 a.m.
LUNCH
MOTION CARRIED
The Committee RECESSED for lunch at 12:01 p.m. and RECONVENED at
12:40 p.m.
c) Area Structure Plans by Dillon - Bassano, Duchess, Rosemary & Tilley
The Development Control Officer provided background information on
the Area Structure Plans developed by Dillon Consulting. The
Development Control Officer and the County Planner feel that the
wrong information was asked for by the County. A better tool for
planning and development would be an Intermunicipal Development
Plan, that zones a quarter section border around each of the urban
areas. This would allow for a much more cooperative way to work with
November 27, 20(17 Municipal Planning Commission Page 6
the urban municipalities throughout the county.
P-167/07 MOVED BY COUNCILLOR M. DOUGLASS that Council receive the four
Dillon Area Structure Plans as information that the County can use as a
reference for future planning and development.
MOTION CARRIED
d) Cassils' Area Structure Plan
The Development Control Officer provided background information on
the Cassils' Area Structure Plan from Scheffer-Andrew Consulting. The
Development Control Officer and the County Planner feel that the plan
pre-zones too much of the surrounding land. Therefore the staff is
recommending that the Board receive the plan as information. Some
concerns that came out of the plan included ground water and whether
or not septic fields can be used with the type of soil present. The
parcel that spurred the creation of an area structure plan was also
discussed. Currently that parcel is zoned direct control. The
Development Control Officer and the County Planner feel that having
the owner apply for a bylaw amending what can happen on this
specific direct control parcel is probably the best way to handle the
situation.
P-168/07 MOVED BY COUNCILLOR W. DANIELS that Council receive the Cassils'
Area Structure Plan as information that the County can use as a reference
,^ for future planning and development.
MOTION CARRIED
17. IN CAMERA ITEMS
There were no in camera items.
18. QUESTION PERIOD
None
19. INFORMATION ITEMS
None
20. AD7OURN
P-169/07 MOVED BY COUNCILLOR I. SCHROEDER that the meeting adjourn at
1:20 p.m.
November 27, 2007 Municipal
7
MOTION CARRIED