HomeMy WebLinkAbout2013-01-21 Municipal Planning Commission (Regular) Minutes COUNTY OF NEWELL
MUNICIPAL PLANNING COMMISSION MEETING
January 21, 2013
The regular Municipal Planning Commission Meeting of the County of Newell was held
in the County Office at Brooks, AB on Thursday, January 21, 2013 commencing at
10:00 a.m.
MEMBERS
PRESENT: M. Douglass, Councillor
C. Amulung, Councillor
M. Nesbitt, Councillor
L. Juss, Councillor
A. Eastman, Councillor & M.P.C. Vice Chair
B. de Jong, Councillor
J. Bulger, Councillor
A.M. Philipsen, Councillor & M.P.C. Chair
I. Schroeder, Councillor
R. Andrews, Councillor
ABSENT: L. Johnson, Assistant Administrator
STAFF: K. Stephenson, CAO
D. Horvath, Planner - ORRSC
A. Wickert, Manager of Planning and Development
A. Nielsen, Executive Assistant
OTHERS IN M. Dumont, Brooks & County Chronicle
ATTENDANCE:
1. CALL TO ORDER
The Chairman called the meeting to order at 10:00 a.m.
2. EXCUSED FROM MEETING
All members were present.
3. MINUTES
a) January 10, 2013
P-07/13 MOVED BY COUNCILLOR C. AMULUNG that the minutes of the January 10,
2013 Municipal Planning Commission meeting be adopted as presented.
MOTION CARRIED
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4. CALL FOR POST AGENDA ITEMS
The Chairman called for post agenda items.
5. ADOPTION OF AGENDA
P-08/13 MOVED BY COUNCILLOR L. JUSS that the agenda be adopted as presented.
MOTION CARRIED
6. COUNCIL & S.D.A.B. REPORT
a) DP 3664 - Paddock/Krinke
The County Planner reported that, due to a lack of quorum during the
January 18, 2012 meeting, the S.D.A.B hearing has been rescheduled
for January 28, 2013. She suggested that MPC consider appointing
additional alternate S.D.A.B. members in the spring.
7. DEVELOPMENT REPORT
a. January 2012 - December 2012
The Manager of Planning and Development provided information on
development permits that have been issued by the County between
January 1- December 31, 2012.
ARRIVED AT MEETING
Councillor J. Bulger arrived at 10:05 a.m.
The Manager of Planning & Development responded to questions from
MPC. Reeve M. Douglass requested a comparison of the number of
development permits issued over the past five years.
8. SUBDIVISIONS
a) #2012-0-216 - NW 32-16-13-W4M
Alex, Ellen, Scott, Robert & Douglas Zagorsky (Owners) / Robert
Zagorsky (Applicant)
To create a 14.86 acres (6.01 ha) parcel from a title of 151.4 acres
(61.29 ha)
P-09/13 MOVED BY REEVE M. DOUGLASS that subdivision #2012-0-216 be
lifted from the table.
MOTION CARRIED
The County Planner provided background information on the proposed
subdivision. The Applicant was present to answer questions from MPC.
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January 21,2013 Municipal Planning Commission ■■■1/4j\,\, Page 2
ARRIVED AT MEETING
Councillor R. Andrews arrived at 10:07 a.m.
MPC was given the opportunity to ask questions. The Applicant
responded to questions regarding the reasons for requesting a
subdivision. He displayed maps indicating where the pivot would be
installed and suggested that a feasibility study would be completed at a
later date prior to considering subdividing the parcel further. The
County Planner provided clarification on the application, indicating that
the homestead parcel already exists and this subdivision would create
the second parcel out. MPC must decide whether or not to grant
waivers pertaining to the number of parcels per quarter and the parcel
size for the vacant quarter. She also noted that there are other options
available for consideration.
Discussion followed regarding the placement of the pivot and the
Applicant responded to further questions from MPC. The County Planner
provided further information on the size of the parcel and the waivers
required and asked MPC to consider whether or not a 15 acre
Agricultural parcel was acceptable. The Applicant and the County
Planner responded to further questions from MPC. The County Planner
also referred to a letter from the EID that outlined conditions for
subdivision pertaining to water rights. The County Planner provided
further information, outlining the conditions for subdivision that she has
provided.
P-10/13 MOVED BY COUNCILLOR M. NESBITT that the Municipal Planning
Commission waive sections 3.1 and 14.9(b), Schedule 2, Agricultural - A Land
Use District to increase the density of parcels allowed to be subdivided from a
quarter section and increase farmstead size, in accordance with Section 654(2)
of the Municipal Government Act and APPROVE subdivision #2012-0-216,
subject to the following conditions:
1. That all outstanding property taxes shall be paid to the County of
Newell.
MOTION DEFEATED
The County Planner provided information regarding other options
available to the applicant, which include rezoning to Acreage Residential
District or appealing the decision. Discussion followed regarding the
next step in the process and the Chief Administrative Officer suggested
a motion outlining the reasons for refusal of the application.
P-11/13 MOVED BY COUNCILLOR B. DE TONG that the Municipal Planning Commission
DEFEATED Motion P-10/13, for the following reasons:
1. The proposal conflicts with Section 654(1)(a) and (b) of the Municipal
Government Act:
A subdivision approving authority shall not approve an application for
subdivision approval unless:
January 21,2013 Municipal Planning Commission ,� Page 3
(a) The land that is proposed to be subdivided is, in the opinion of
the approval authority, suitable for the purpose for which the
subdivision is intended.
(b) The proposed subdivision conforms with any regional plan,
ministerial regional plan, statutory plan and land use bylaw that
affects the land proposed to be subdivided.
2. The quarter section has already been subdivided to the maximum
number of parcels allowed in the Agriculture - A land use district within
the Land Use Bylaw. In addition, the parcel size exceeds the maximum
vacant parcel size of 7.0 acres (2.8 ha). Waivers of the land use bylaw
requirements are necessary for the application to conform to the policies
bylaw (sections 3.1 and 14.9(b), Schedule 2, Agricultural - A Land Use
District). The Municipal Planning Commission is not prepared to grant
the required waivers.
3. The County of Newell recognizes agriculture as the priority land use in
rural areas.
MOTION CARRIED
b) #2012-0-220 - NW 23-17-13-W4M
Jim &Jennifer Aleman (Owner/Applicant)
To create one (1) new parcel approximately 3.6 acres (1.46 ha) in size,
containing an existing farmstead, from an unsubdivided quarter section
for residential use.
The County Planner provided background information on the proposed
subdivision, indicating that responses to the circulation have been
received from the County Public Works Department, Fortis, and an
adjacent landowner. MPC was given the opportunity to ask questions.
P-12/13 MOVED BY COUNCILLOR I. SCHROEDER that the Municipal Planning
Commission APPROVE subdivision #2012-0-220, 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 Subdivison Authority a copy of an
updated sketch from an Alberta Land Surveyor that certifies the location
of the septic tank and field and water source.
3. That the applicant submit to the Subdivision Authority verification that
the sheds proposed to be removed as indicated in Detail "C" of the
sketch plan prepared by Midwest Surveys Inc. (dated December 6,
2012) have been removed prior to finalization.
MOTION CARRIED
January 21,2013 Municipal Planning Commission C1 Page 4
9. AGRICULTURAL SUPPORT SERVICE & HOME OCCUPATION PERMITS
a) HO #267 - SE 3-21-15 W4M, Lot 1, Block 2, Plan 031 1989, Division 8
Gerry Isaac (Owner/Applicant)
Snow Removal and Mowing Business
The Manager of Planning and Development provided background
information on the proposed development permit. A road approach
application has been submitted to Alberta Transportation and permit
approval was received in December 2012.
P-13/13 MOVED BY COUNCILLOR B. DE JONG that the Municipal Planning Commission
APPROVE Home Occupation Permit #267 for a Snow Removal and Mowing
Business subject to the following conditions:
This permanent permit is being granted only for the snow removal and
mowing business, located on lands legally described as Lot 1, Block 2,
Plan 031 0989, SE 3-21-15 W4M. Any additional development shall
require prior approval of a separate permit application.
The proposed development complying with:
a) The provisions pertaining to the Agricultural District and all relevant
schedules, as outlined in the County of Newell Land Use Bylaw
#1755-12.
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 267 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 3) and Home Occupations (Schedule 4
Section 9), as specified in the County of Newell Land Use Bylaw
#1755-12.
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 January 2, 2013. Any changes to
that plan shall require the written approval from the Development
Officer.
b) That there are no more than 2 resident employees involved in the
operation of this business.
January 21,2013 Municipal Planning Commission Page 5
c) That the only advertising being permitted on the property be limited
to one indirectly illuminated sign of 4 ft2 (0.4 m2) placed flat against
the building or fence.
MOTION CARRIED
10. DEVELOPMENT PERMITS
a) Permit #3672 - NW 4-15-13 W4M, Division 1
Peter Mousset and Yolanda Linssen (Owner/Applicant)
Installation of a moved-in dwelling
The Manager of Planning and Development provided background
information on the proposed development permit, noting that a road
approach application has been submitted to Alberta Transportation for
access to the parcel. The Manager of Planning & Development
responded to questions from MPC.
P-14/13 MOVED BY COUNCILLOR C. AMULUNG that the Municipal Planning
Commission APPROVE Development Permit #3672 for installation of a
moved-in dwelling subject to the following conditions:
This permit is being granted only to provide approval for a moved-in
dwelling with attached garage on lands legally described as NW 4-15-13
W4M. Any additional development shall require prior approval of a
separate permit application.
The proposed development complying with:
a) The provisions pertaining to the Agricultural District and all relevant
schedules, as outlined in the County of Newell Land Use Bylaw
#1755-12.
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 #3672 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) and Use Specific
Standards for Manufactured/Modular/Ready-to-Move/Moved-in
Homes (Schedule 4, Section 11) as specified in the County of Newell
Land Use Bylaw #1755-12.
3. No objections have been received from adjacent landowners or
referral agencies with respect to the proposed development.
Conditions of Development
January 21,2013 Municipal Planning Commission Page 6
a) That this development is located as shown on the site plan approved
in this application and submitted December 19, 2012. Any changes
to that plan shall require the written approval of the Development
Officer.
b) That the property is not used for conducting a business or
commercial operation without first obtaining the required permits.
c) That the following setbacks on all sides are maintained for this
development:
Front (west): 100 ft (30 m)
Side and Rear: n/a
MOTION CARRIED
b) Permit #3673 - Lot 2, Block 3, Plan 781 1389, NE 19-15-15 W4M,
Division 4
Giselle Lirette/Kate McLean (Owner/Applicant)
Compliance for an existing sun room and 2-tier deck
The Manager of Planning and Development provided background
information on the proposed development permit. The County of
Newell Public Works department has no concerns with the application
and one response to the circulation has been received from an
adjacent landowner.
P-15/13 MOVED BY COUNCILLOR R. ANDREWS that the Municipal Planning
Commission APPROVE Development Permit #3673 for the compliance for an
existing sun room and 2-tier deck, and subject to the following conditions:
This permit is being granted only to provide compliance for an existing
254 ft2 (24 m2) sun room and 277 ft2 (26 m2) 2-tier deck on lands
legally described as Lot 2, Block 3, Plan 781 1389, NE 19-15-15 W4M.
Any additional development shall require prior approval of a separate
permit application.
The proposed development complying with:
a) The provisions pertaining to the Hamlet Residential District and all
relevant schedules, as outlined in the County of Newell Land Use
Bylaw #1755-12.
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 #3673 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
January 21,2013 Municipal Planning Commission `� Page 7
under the Hamlet Residential District (Schedule 2) and Standards of
Development (Schedule 4) as specified in the County of Newell Land
Use Bylaw #1755-12.
Conditions of Development
a) That this development is located as shown on the site plan approved
in this application and submitted January 2, 2013. Any changes to
that plan shall require the written approval from the Development
Officer.
b) That the sunroom and 2-tier 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.
c) That the property is not used for conducting a business or
commercial operation without first obtaining the required permits.
d) That the following setbacks are maintained for this development:
Side (northwest and southeast): 5 ft (1.5 m)
Rear (south): n/a
MOTION CARRIED
c) Permit #3674 - Lot 2, Block 3, Plan 781 1389, NE 19-15-15 W4M,
Division 4
Giselle Lirette/Kate McLean (Owner/Applicant)
Compliance for an existing detached garage
The Manager of Planning and Development provided background
information on the proposed development permit. One response to the
circulation has been received from an adjacent landowner. The
Manager of Planning & Development responded to questions from MPC.
P-16/13 MOVED BY COUNCILLOR R. ANDREWS that the Municipal Planning
Commission APPROVE Development Permit #3674 for the compliance for an
existing detached garage, and subject to the following conditions:
This permit is being granted only to provide compliance for an existing
680 ft2 (63 m2) detached garage on lands legally described as Lot 2,
Block 3, Plan 781 1389, NE 19-15-15 W4M. Any additional development
shall require prior approval of a separate permit application.
The proposed development complying with:
a) The provisions pertaining to the Hamlet Residential District and
all relevant schedules, as outlined in the County of Newell Land
Use Bylaw #1755-12.
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
January 21,2013 Municipal Planning Commission , Page 8
The Municipal Planning Commission has approved DP #3674 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) and Standards of
Development (Schedule 4) as specified in the County of Newell Land
Use Bylaw #1755-12.
Conditions of Development
a) That this development is located as shown on the site plan approved
in this application and submitted January 2, 2013. Any changes to
that plan shall require the written approval from the Development
Officer.
b) That the detached garage 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.
c) That the property is not used for conducting a business or
commercial operation without first obtaining the required permits.
d) That the following setbacks are maintained for this development:
Side (northwest and southeast): 5 ft (1.5 m)
Rear (south): n/a
MOTION CARRIED
11. POST AGENDA
There were no post agenda items to discuss at this meeting.
12. INFORMATION ITEMS
a) Special Areas Draft Land Use Order Review
The County Planner provided background information on this item,
indicating that Special Areas had included the County of Newell in a
Land Use Order Review circulation. She indicated that she had
reviewed the document with the Manager of Planning & Development
and there were no issues found.
P-17/13 MOVED BY REEVE M. DOUGLASS that a letter be written to the Special Areas
Board indicating that the County of Newell has reviewed their Draft Land Use
Order and has no concerns.
MOTION CARRIED
13. IN CAMERA ITEMS
There were no in camera items.
January 21,2013 Municipal Planning Commission Page 9
V`�
14. QUESTION PERIOD
A question period was held.
15. ADJOURN
Being that the agenda matters have been concluded the meeting adjourned
at 11:03 a.m.
Signed by the Chairman and Assistant Administrator this -7 Day of rt'I') , 2013.
CHAIR44A —
ASST. ADIS TOR
January 21,2013 Municipal Planning Commission Page 10