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Home My WebLink About2011-01-27 Municipal Planning Commission (Regular) Minutes Anournormiour COUNTY OF NEWELL NO. 4 MUNICIPAL PLANNING COMMISSION MEETING January 27, 2011 The regular Municipal Planning Commission Meeting of the County of Newell No. 4 was held in the County Office at Brooks, AB on Thursday, January 27, 2011 commencing at 10:03 a.m. MEMBERS PRESENT: M. Douglass, Councillor C. Amulung, Councillor M. Nesbitt, Councillor L. Juss, Councillor A. Eastman, Councillor & Vice Chair J. Bulger, Councillor R. Andrews, Councillor ABSENT: B. de Jong, Councillor A.M. Philipsen, Councillor & M.P.C. Chair I. Schroeder, Councillor STAFF: K. Stephenson, CAO L. Johnson, Assistant Administrator D. Horvath, Planner - ORRSC A. Wickert, Development Control Officer S. Simpson, Development Control Clerk OTHERS IN ATTENDANCE: S. Stanway, Brooks Bulletin C. Lindsay, Brooks & County Chronicle M. Fitzgerald, The One 1. CALL TO ORDER The Vice Chairman called the meeting to order at 10:03 a.m. 2. EXCUSED FROM MEETING P -1/11 MOVED BY COUNCILLOR R. ANDREWS that Councillor DEJONG, Councillor PHILIPSEN, and Councillor SCHROEDER be excused from the meeting. MOTION CARRIED 3. MINUTES a) December 23, 2010 P -2/11 MOVED BY COUNCILLOR M. DOUGLASS that the minutes of the December 23, 2010 Municipal Planning Commission meeting be adopted as presented. MOTION CARRIED 4. CALL FOR POST AGENDA ITEMS The Chairman called for post agenda items. 5. ADOPTION OF AGENDA P -3/11 MOVED BY COUNCILLOR C. AMULUNG that the agenda be adopted as presented. MOTION CARRIED 6. DEVELOPMENT REPORT P -4/11 MOVED BY COUNCILLOR M. NESBITT that the Development Report for December 1 -31, 2010 be adopted as presented. MOTION CARRIED 7. SUBDIVISIONS a) #2011 -0 -006 - SE 25- 17- 14 -W4M Paul and Irene Hansen (Owner) / (Applicant) To create one new vacant lot from a titled area 76.86 acres (31.1) for country residential use. The County Planner provided background information on the proposed subdivision. There was concern from one adjacent landowner about the affects of his feeding operation on a Country Residential parcel. The adjacent landowner has a 300 head feeding operation and due to the size does not require a registration. There was concern expressed that the land may not be useful for residential development and questions raised regarding the reason for the subdivision application. The County Planner explained that we are not changing the zoning and it is buyer beware if it is sold as a residential site. P -5/11 MOVED BY COUNCILLOR M. DOUGLASS that the Municipal Planning Commission APPROVE subdivision #2011 -0 -006, subject to the following conditions: 1. That all outstanding property taxes shall be paid to the County of Newell. MOTION CARRIED January 27, 2011 Municipal Planning Commission Page 2 114 b) #2011 -0 -007 - SE 26 -17 -14 -W4M Paul and Irene Hansen (Owner) / (Applicant) To create one new vacant lot from a titled area 89.44 acres (36.19 ha) for country residential use. The County Planner provided background information on the proposed subdivision. Questions were raised from council regarding the issue of returning water rights to the EID. The County Planner responded that it is the applicant that is to negotiate with EID for water. P -6/11 MOVED BY COUNCILLOR M. NESBITT that the Municipal Planning Commission APPROVE subdivision #2011 -0 -007, subject to the following conditions: 1. That all outstanding property taxes shall be paid to the County of Newell. MOTION CARRIED c) #2011 -0 -008 - SW 25 -17 -14 -W4M Paul and Irene Hansen (Owner) / (Applicant) To create one new title from a titled area 99.16 acres (40.1 ha) for country residential use. The County Planner provided background information on the proposed subdivision. P -7/11 MOVED BY COUNCILLOR L. 7USS that the Municipal Planning Commission APPROVE subdivision #2011 -0 -008, subject to the following conditions: 1. That all outstanding property taxes shall be paid to the County of Newell. 2. That the applicant submit to the Subdivision Authority a copy of a sketch from an Alberta Land Surveyor that certifies the location and dimensions of the existing buildings and the exact dimensions of the lot to be subdivided. MOTION CARRIED 8. AGRICULTURAL SUPPORT SERVICE & HOME OCCUPATION PERMITS a. HO 256 - NE 17 -20 -14 W4M, Division 8 Linda and Kenneth Wilson (Owner) / (Applicant) Art School and Retreat The Development Control Officer provided background information on the proposed development permit. A response was submitted by an adjacent landowner expressing concern that if their farming operation was to grow it may be an issue for an art retreat. The Development Control Officer read the letter to council and responded that development decisions should be made on the basis of existing rather than anticipated development on adjacent parcels. It was noted by Councillor Nesbitt that the Art School and Retreat is a small operation with minimal traffic and will compliment the areas economy. It was January 27, 2011 Municipal Planning Commission Page 3 decided that a letter should be sent to the adjacent landowners explaining why the application was accepted and that from here forward all adjacents should receive a letter showing reasons for accepting or denying an application. P -8/11 MOVED BY COUNCILLOR M. DOUGLASS that the Municipal Planning Commission APPROVE Home Occupation Permit #256 and grant approval for an art school and retreat subject to the following conditions: This permit is being granted only for the operation of an art school and artist's retreat, on lands legally described as NE 17 -20 -14 W4M. Any additional development shall require prior approval of a separate permit application. The proposed development complying with: a) All Federal, Provincial and Municipal statutes, regulations, codes and standards. b) The provisions of Land Use Bylaw #1626 -07, and amendments thereto, pertaining to the Agricultural District. c) All Alberta Building Codes where applicable. If the developer is required to obtain a building permit, it is his / her responsibility to do so, and furthermore, this permit must be obtained from an accredited inspection agency. d) Any other required permits, including electrical, heating & ventilation, gas and /or plumbing. All permits must be obtained from an accredited inspection agency. Subject to the following conditions e) That this development is located as shown on the site plan approved in this application and submitted January 6, 2011. Any changes to that plan shall require the written approval from the Development Officer. f) That there are no more than 2 resident employees involved in the operation. g) That there is no advertising or display of produce being permitted on the property except for one indirectly illuminated sign of 1 m placed flat against the building or fence. h) That the developer obtains a Roadside Development Permit from Alberta Transportation. A copy of this permit must be submitted to the Development Officer. MOTION CARRIED 9. DEVELOPMENT PERMITS a) Permit #3487 - Lot 10, Block 4, Plan 961 1766, SW 10 -19 -14 W4M, Division 10 Sean Nichols (Owner) / (Applicant) Install manufactured dwelling The Development Control Officer provided background information on the proposed development permit. It is to remove an existing manufactured home and replace with a new manufactured home. P -9/11 MOVED BY COUNCILLOR M. NESBITT that the Municipal Planning Commission APPROVE Development Permit #3487 and grant approval January 27, 2011 Municipal Planning Commission Page 4 for the installation of a new manufactured dwelling subject to the following conditions: This permit is being granted only for the installation of a 2280 ft (211.8 m manufactured dwelling, with a variance to the side yard setback requirement, on lands legally described as Lot 10, Block 4, Plan 961 1766, SW 10 -19 -14 W4M. Any additional development shall require prior approval of a separate permit application. The proposed development complying with: a) All Federal, Provincial and Municipal statutes, regulations, codes and standards. b) The provisions of Land Use Bylaw #1626 -07, and amendments thereto, pertaining to the Country Residential District. c) All Alberta Building Codes where applicable. If the developer is required to obtain a building permit, it is his / her responsibility to do so, and furthermore, this permit must be obtained from an accredited inspection agency. d) Any other required permits, including electrical, heating & ventilation, gas and /or plumbing. All permits must be obtained from an accredited inspection agency. Subject to the following conditions e) That this development is located as shown on the site plan approved in this application and submitted December 17, 2010. Any changes to that plan shall require the written approval from the Development Officer. f) That the property is not used for conducting a business or commercial operation without first obtaining the required permits. g) That the following setbacks are maintained for this development: Front (west): 20 if (6.1 m) Side (north): 13 ft (4 m) Side (south): 20 ft (6.1 m) h) That there is a 2 m (6.6 ft.) separation distance between the new building and other buildings. i) That any residence and /or structures are located a minimum distance of 100 m (328 ft) from any gas or oil well on or adjacent to the property. A variance of this distance may only be provided by the ECRB. j) Development Notification: the developer shall notify the Development Officer: i) prior to the commencement of actual development thereon, and ii) upon completion of the development MOTION CARRIED 10. POST AGENDA 11. IN CAMERA ITEMS There were no in camera items. 12. OUESTION PERIOD None c January 27, 2011 Municipal Planning Commission Page 5 13. ADJOURN Being that the agenda matters have been concluded the meeting adjourned at 10:33 a.m. Signed by the Chairman and Assistant Administrator this 2 i f Day of Pio , 2011. ,P CHAIRM .1'4�— ASST. ADMI ST• �• c c January 27, 2011 Municipal Planning Commission Page 6