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Home My WebLink About2012-06-21 Municipal Planning Commission (Regular) MinutesCOUNTY OF NEWELL NO 4 MUNICIPAL PLANNING COMMISSION MEETING June 21, 2012 The regular Municipal Planning Commission Meeting of the County of Newell No. 4 was held in the County Office at Brooks, AB on Thursday, June 21, 2012 commencing at 10:04 a.m. MEMBERS PRESENT: M. Douglass, Councillor C. Amulung, Councillor M. Nesbitt, Councillor L. Juss, Councillor B. de Jong, Councillor J. Bulger, Councillor A.M. Philipsen, Councillor & M.P.C. Chair I. Schroeder, Councillor R. Andrews, Councillor ABSENT: A. Eastman, Councillor L. Johnson, Assistant Administrator STAFF: K. Stephenson, CAO D. Horvath, Planner - ORRSC A. Wickert, Manager of Planning and Development S. Simpson, Administrative Assistant P. Elliott, Administrative Assistant OTHERS IN ATTENDANCE: S. Stanway, Brooks Bulletin D. Clyne, Landowner 1. CALL TO ORDER The Chairman called the meeting to order at 10:04 a.m. 2. EXCUSED FROM MEETING P -44/12 MOVED BY COUNCILLOR B. DEJONG that Councillor Eastman be excused from the meeting. MOTION CARRIED • 3. MINUTES a) June 7, 2012 P -45/12 MOVED BY COUNCILLOR M. NESBITT that the minutes of the June 7, 2012 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 -46/12 MOVED BY COUNCILLOR R. ANDREWS that the agenda be adopted as presented. MOTION CARRIED 6. SUBDIVISIONS a) #2012 -0 -087 - Lot 1, Block 1, Plan 0815688, SE 31 -17 -13 -W4M Division 2 Jacky Drumm & Robert Larocque (Owner) / (Applicant) To subdivide an approximate 20.05 acre (8.11 ha) parcel, legally known as Lot 1, Block 1, Plan 0815688, to create a 10.0 acre (4.05 ha) parcel and consolidate the remainder with the adjacent quarter section, legally known as the SE 31 -17 -13 W4M. The County Planner provided background information on the proposed subdivision. The County Planner answered questions from MPC, and noted that the Alberta transportation condition can be removed as it has been satisfied. P -47/12 MOVED BY COUNCILLOR I. SCHROEDER that the Municipal Planning Commission APPROVE subdivision #2012 -0 -087, subject to the following conditions: 1. That all outstanding property taxes shall be paid to the County of Newell. 2. That the residual portion of Lot 1, Block 1, Plan 0815688 be consolidated with the adjacent parcel quarter section legally known as SE 31 -17 -13 W4M in a manner such that the resulting Certificate of Title could not be subdivided without the approval of the Subdivision Authority. MOTION CARRIED b) #2012 -0 -097 - SW 28 -21 -17 -W4M Division 6 Gregory & Rosemarie Klassen (Owner) / (Applicant) To create a new parcel for the purposes of a church. The County Planner provided background information on the proposed subdivision. D. Clyne, Landowner, expressed concern that the proposed subdivision would limit use of his land. He was concerned that use of that land for agricultural purposes would result in complaints from the church group. M.P.C. asked whether staff had past issues with churches June 21, 2012 Municipal Planning Commission Page 2 in rural settings. No complaints from or about church groups in rural settings have been submitted. • P -48/12 MOVED BY COUNCILLOR B. DEJONG that the Municipal Planning Commission APPROVE subdivision #2012 -0 -097, subject to the following conditions: 1. That all outstanding property taxes shall be paid to the County of Newell. 2. That pursuant to Section 655 (1)(b) of the Municipal Government Act, 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 being created. 3. 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 7 AGRICULTURAL SUPPORT SERVICE & HOME OCCUPATION PERMITS a) Permit #264 - Lot 1, Block 3, Plan 1111176, NW 7 -20 -13 W4M, Division 3 Kersey and Paul Daniels (Owner) / (Applicant) Massage Therapy Business The Manager of Planning and Development provided background information on the proposed development permit. P -49/12 MOVED BY COUNCILLOR A. PHILIPSEN that the Municipal Planning Commission APPROVE Home Occupation Permit #264 for a Massage Therapy Business subject to the following conditions: This permanent permit is being granted only for the massage therapy business, located on lands legally described as Lot 1, Block 3, Plan 111 1176, NW 7 -20 -13 W4M. Any additional development shall require prior approval of a separate permit application. The proposed development complying with: a) The provisions pertaining to the Agricultural District and all relevant schedules, as outlined in the County of Newell Land Use Bylaw #1626-07. b) All Federal, Provincial and Municipal statutes, regulations, codes and standards. c) All Alberta Building Codes and Safety Codes, where applicable. d) It is responsibility of the developer to obtain all permits from an accredited inspection agency. Reasons for Approval The Municipal Planning Commission has approved HO 264 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), Standards of Development (Schedule 4) and Home Occupation and Agricultural .June 21, 2012 Municipal Planning Commission Page 3 Support Services (Schedule 13), as specified in the County of Newell Land Use Bylaw #1626 -07. 3. No objections have been received from adjacent landowners or referral agencies with respect to the proposed development Subject to the following conditions a) That this development is located as shown on the site plan approved in this application and submitted May 30, 2012. Any changes to that plan shall require the written approval from the Development Officer. b) That there is no more than 1 resident employee and no non - resident employees involved in the operation of this business. c) That the developer obtains a Roadside Development Permit from Alberta Transportation. A copy of this permit must be submitted to the Development Officer. d) That the only advertising being permitted on the property be limited to one indirectly illuminated sign of 6 ft2 (0.5 m2) placed flat against the building or fence. MOTION CARRIED 8. DEVELOPMENT PERMITS a) Permit #3611 - Lot 88, Block 4, Plan 9411176, SE 1- 18- 15W4M, Division 5 Sean and Terri -Lynn Yea (Owner) / (Applicant) Compliance for existing unattached deck; variance to setback requirement. The Manager of Planning and Development provided background information on the proposed development permit. She noted that the deck is encroaching on the public open space for Block 4. M.P.C. noted that there have been no complaints or feedback from the Lake Newell Resort Hamlet Association or Landowners. The Manager of Planning and Development proposed three options to M.P.C., the first one being to grant approval for the deck as it is, with the requested setback variances. P -50/12 MOVED BY COUNCILLOR M. NESBITT that the Municipal Planning Commission APPROVE Development Permit #3611 for the compliance for an existing unattached deck; variance to setback requirement subject to the following conditions: This permit is being granted only for the constructing of a 305 ft2 (28.3 m2) unattached deck, with a variance to the rear yard setback requirement, on lands legally described as Lot 88, Block 4, Plan 941 1176, SE 1 -18 -15 W4M. Any additional development shall require prior approval of a separate permit application. The proposed development complying with: a) The provisions pertaining to the Resort Multi - Family Residential District (RR2) and all relevant schedules, as outlined in the County of Newell Land Use Bylaw #1626 -07. b) All Federal, Provincial and Municipal statutes, regulations, codes and standards. c) All Alberta Building Codes and Safety Codes, where applicable. June 21, 2012 Municipal Planning Commission Page 4 d) It is responsibility of the developer to obtain all permits from an accredited inspection agency. Reasons for Approval The Municipal Planning Commission has approved DP #3611 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 Resort Multi - Family Residential District (Schedule 2) and Standards of Development (Schedule 4) as specified in the County of Newell Land Use Bylaw #1626 -07. 3. No objections have been received from adjacent landowners or referral agencies with respect to the proposed development. Conditions of Development a) That this development is located as shown on the site plan approved in this application and submitted May 23, 2012. Any changes to that plan shall require the written approval from the Development Officer. b) That the proposed accessory structure (deck) is not enclosed or used for living purposes. c) That the following setbacks are maintained for this development: Front (north): n/a Side (east and west): n/a Rear (south): 0 ft (0 m) variance from 20 ft (6 m) MOTION CARRIED 10. POST AGENDA 11. INFORMATION ITEMS 12. IN CAMERA ITEMS 12. OUESTION PERIOD None P -51/12 MOVED BY COUNCILLOR R. ANDREWS that we move in camera at 10:27 a.m. P -52/12 MOVED BY COUNCILLOR 3. BULGER that we move out of camera at 11:13 a.m. Being that the agenda matters have been concluded the meeting adjourned at 11:15 a.m. June 21, 2012 Municipal Planning Commission t° Page 5 Signed by the Chairman and Assistant Administrator this 51� Day of .L.- , 2012. June 21, 2012 ASST. ADMINISTRAT Municipal Planning Commission Page 6