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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