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HomeMy WebLinkAbout2012-09-06 Municipal Planning Commission (Regular) Minutes COUNTY OF NEWELL NO. 4 MUNICIPAL PLANNING COMMISSION MEETING September 6, 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, September 6, 2012 commencing at 10:00 a.m. MEMBERS PRESENT: M. Douglass, Councillor C. Amulung, Councillor M. Nesbitt, Councillor L. Juss, Councillor A. Eastman, Councillor J. Bulger, Councillor A.M. Philipsen, Councillor & M.P.C. Chair I. Schroeder, Councillor ABSENT: B. de Jong, Councillor R. Andrews, Councillor STAFF: K. Stephenson, CAO L. Johnson, Assistant Administrator D. Horvath, Planner - ORRSC A. Wickert, Manager of Planning and Development P. Elliott, Administrative Assistant OTHERS IN ATTENDANCE: S. Stanway, Brooks Bulletin 1. CALL TO ORDER The Chairman called the meeting to order at 10:01 a.m. 2. EXCUSED FROM MEETING P-73/12 MOVED BY COUNCILLOR L. JUSS that Councillor B. DE JONG, be excused from the meeting. MOTION CARRIED 3. MINUTES a) August 9, 2012 Aitc) It was noted that motion P-70/12 in the August 9, 2012 minutes was "carried"but the outcome of the vote taken on the motion was not noted in the draft minutes circulated. P-74/12 MOVED BY COUNCILLOR A. EASTMAN that the minutes of the August 9, 2012 Municipal Planning Commission meeting be adopted as amended. MOTION CARRIED 4. CALL FOR POST AGENDA ITEMS None requested. 5. ADOPTION OF AGENDA P-75/12 MOVED BY COUNCILLOR M. NESBITT that the agenda be adopted as presented. MOTION CARRIED 6. SUBDIVISIONS a) #2012-0-141 -Block C, Plan 7811334 in NE 6-19-14-W4M, Division 10 To subdivide approximately 8.36 acres (3.58 ha) from an existing 27.32 acres (11.06 ha) to accommodate the development of 4 new country residential lots The County Planner provided background information on the proposed subdivision. Councillor L. Juss asked about the distance of the water pipeline from the road and what would happen to the pipeline right-of- way if the road were to be paved in the future. The County Planner replied that the right-of-way is 21.5 meters and includes fibre optic and utilities lines. In addition any existing services in the right-of-way may require upgrading with future road widening. Councillor I. Schroeder asked if the road to the east was owned by the City of Brooks. The County Planner indicated that Range Road 14-5 was within the City of Brooks boundaries. As far as being within the IMDP zone, this is one of the past parcels of land zoned Country Residential that will be allowed to develop using on-site septic services. Any further development will require sewer and water services to be constructed at urban-level standards. C. Amulung asked if the other property owners were in favor of the development. The County Planner replied that adjacent landowners were notified and none of them submitted written feedback about the proposed subdivision. P-76/12 MOVED BY COUNCILLOR M. DOUGLASS that the Municipal Planning Commission APPROVE subdivision #2012-0-141, subject to the following conditions: 1. That all outstanding property taxes shall be paid to the County of Newell. September 6,2012 Municipal Planning Commission Page 2 Ali1/44 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. The Development Agreement may make reference to the provision of servicing, drainage and grading plans, roads, landscaping, etc., and any other matter the County deems necessary. 3. That the applicant of owner or both enter into a Deferred Development Agreement with the County of Newell which shall be registered concurrently with the final plan against the title(s) being created that makes reference to requirement to connect to municipal serviced in the future when available and any other matter the County deems necessary 4. 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. 5. That, the applicant provided a copy of architectural controls, approved by the municipality, to be registered concurrently on title with the final plan of subdivision. There controls shall include but are not limited to the type of private sewage system as well as design considerations that would allow future dwellings to connect to a municipal water and wastewater system. 6. That an engineered drainage/storm water management plan be submitted and deemed acceptable by the Subdivision Authority, which shall indicate the drainage patterns and how run-off will be accommodated. The plan must be prepared by an engineer with a copy of the report submitted to the Subdivision Authority. 7. That the easement(s) and required by ATCO GAS or any other utility agency or the municipality shall be established prior to finalization of the applicant and are to be registered simultaneously with the legal plan of the subdivision. MOTION CARRIED 7. DEVELOPMENT PERMITS a) Permit #3632 - NW 28-18-14 W4M, Division 5 Ron and Michelle Gietz (Owner/ Applicant) Market Garden operation The Manager of Planning and Development provided background information on the proposed development permit. Concillor M. Nesbitt asked why condition 'g'was recommended to be removed by the IMDP Committee. The Manager of Planning and Development indicated that the IMDP Committee felt traffic would not be an issue at this intersection. P-77/12 MOVED BY COUNCILLOR M. NESBITT that the Municipal Planning Commission APPROVE Development Permit #3632 for a Market Garden operation subject to the following conditions: This permit is being granted only for the operation of a market garden, u- pick, and corn maze, and includes the construction of a 120 ft2 (11.1 m2) accessory building (greenhouse) and a 120 ft2 (11.1 m2) accessory building September 6,2012 Municipal Planning Commission Page 3 (retail outlet), on lands legally described as NW 28-18-14 W4M. Any additional development shall require prior approval of a separate permit application The proposed development complying with: a) The provisions pertaining to the Brooks Urban Fringe 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, where applicable. If the developer is required to obtain a building permit, it is his / her responsibility to obtain this permit from an accredited inspection agency. d) All Alberta Safety Codes, where applicable. If the developer is installing a sewage disposal system, the Private Sewage Disposal System Permit must be issued by an accredited inspection agency. e) Any other required permits, including electrical, heating & ventilation, gas and/or plumbing. All permits must be issued by a licensed agency. f) The provisions pertaining to the Brooks Urban Fringe District and all relevant schedules, as outlined in the County of Newell Land Use Bylaw #1626-07. g) All Federal, Provincial and Municipal statutes, regulations, codes and standards. h) All Alberta Building Codes and Safety Codes, where applicable. i) 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 #3632 for the following reasons: 1. The proposed development complies with the Municipal Development Plan and the Intermunicipal Development Plan. 2. The Development Authority is satisfied that the proposed development is suitable for the purpose for which it is intended under the 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. MOTION CARRIED September 6,2012 Municipal Planning Commission Page 4 itAt? b) Permit #3634 - Lot 2, Block 1, Plan 821 1419, NE 35-18-15 W4M, Division 5 Low Land Construction Ltd. / Maureen Renard (Owner/Applicant) Installation of a moved-in building The Manager of Planning and Development provided background information on the proposed development permit. P-78/12 MOVED BY COUNCILLOR I. SCHROEDER that the Municipal Planning Commission APPROVE Development Permit #3634 for the installation of a moved-in building, and subject to the following conditions: This permit is being granted only to construct a 572 ft2 (53 m2) moved-in building, on lands legally described as Lot 2, Block 1, Plan 821 1419, NE 35-18- 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 Light Industrial 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 DP #3634 for the following reasons: 1. The proposed development complies with both the Municipal Development Plan and the Intermunicipal Development Plan. 2. The Development Authority is satisfied that the proposed development is suitable for the purpose for which it is intended under the Light Industrial 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. MOTION CARRIED c) Permit #3641 - NW 19-17-16 W4M, Division 4 Randal Joubert/Gordon W. Kay (Owner/Applicant) September 6,2012 Municipal Planning Commission ktkiR Page 5 Compliance for existing deck; variance to rear yard setback The Manager of Planning and Development provided background information on the proposed development permit. M. Nesbitt commented that the existing deck was built to the retaining wall and does not obstruct anything. Discussion followed regarding the need for an inspection of the existing deck. The Manager of Planning and Development indicated that a building inspection is typically not requested for an existing deck. The Chairman suggested that the building inspection be made a condition of approval. There was further discussion by the Committee about the requirement to inspect the deck. P-79/12 MOVED BY COUNCILLOR M. NESBITT that the Municipal Planning Commission APPROVE Development Permit #3641 for the Compliance for existing deck; variance to rear yard setback, and subject to the following conditions: This permit is being granted only as compliance for a 178 ft2 (16.5 m2) attached deck, with a variance to the rear yard setback requirement, on lands legally described as Lot 22, Plan 941 1173, NW 6-18-14 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 Residential 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. e) That this development is located as shown on the site plan approved in this application and submitted August 7, 2012. 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 existing attached deck is inspected by an accredited building inspector and that a building inspection report is submitted to the Development Officer within 60 days of this development permit final approval. h) That the following setbacks are maintained for this development: Front (north): 10 ft (3 m) Side (east and west): 5 ft (1.5 m) September 6,2012 Municipal Planning Commission Page 6 AtIkk Rear (south): 14 ft (4 m) Reasons for Approval The Municipal Planning Commission has approved DP #3641 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 Residential District (Schedule 2) and Standards of Development (Schedule 4),as specified in the County of Newell Land Use Bylaw MOTION CARRIED d) Permit #3642 - Lot 6, Block 3, Plan 2123FB, SE 6-15-13 W4M, Division 1 Don and Gwen Wyatt (Owner/Applicant) Install Moved-in Dwelling The Manager of Planning and Development provided background information on the proposed development permit and indicated that 'including deck'has been added to the permit application C. Amulung inquired about the condition that the applicants remove the existing manufactured dwelling by a specific date, since that condition may require that they move out of the existing dwelling before the new dwelling is ready to move into. The Manager of Planning and Development indicated that the reason for the condition is to ensure that the applicant starts work within a year of permit approval and finishes within a reasonable amount of time. Discussion about these dates followed and the County Planner indicated that the developer can apply for an extension if the project is delayed. She also indicated that the condition provides documentation in case enforcement proceedings are required. P-80/12 MOVED BY COUNCILLOR I. SCHROEDER that the Municipal Planning Commission APPROVE Development Permit #3642 for the installation of a moved-in dwelling, and subject to the following conditions: This permit is being granted only for the installation of a 1092 ft2 (101.4 m2) moved-in dwelling, on lands legally described as 6, Block 3, Plan 2123FB, SE 6- 15-13 W4M. Any additional development shall require prior approval of a separate permit application. The proposed development complying with: a) The provisions pertaining to the Hamlet Residential District and all relevant schedules, as outlined in the County of Newell Land Use Bylaw #1626-07. September 6,2012 Municipal Planning Commission Page 41,01 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 DP #3642 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 Hamlet Residential District (Schedule 2), Standards of Development (Schedule 4) and Moved-In Buildings (Schedule 10), 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 MOTION CARRIED 0 8. POST AGENDA No Items 9. INFORMATION ITEMS 10. IN CAMERA ITEMS There were no in camera items. 11. QUESTION PERIOD None 14. ADJOURN Being that the agenda matters have been concluded the meeting adjourned at 10:50 a.m. C September 6,2012 Municipal Planning Commission 44 i)Page 8 Signed by the Chairman and Assistant Administrator this ‘1 Day of 0cNb44! 2012. el°CU-(,(7) CH;ttoutio -141111111111M, C ASST. A ' 'TOR C September 6,2012 Municipal Planning Commission Page 9