HomeMy WebLinkAbout2013-05-23 Municipal Planning Commission (Regular) Minutes r. ► M
COUNTY OF NEWELL
MUNICIPAL PLANNING COMMISSION MEETING
May 23, 2013
The regular Municipal Planning Commission Meeting of the County of Newell was held
in the County Office at Brooks, AB on Thursday, May 23, 2013 commencing at 10:00
a.m.
MEMBERS
PRESENT: M. Douglass, Councillor
C. Amulung, 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: M. Nesbitt, 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 S. Stanway, Brooks Bulletin
ATTENDANCE: R. Fitchar, Homes By Us Ltd.
J. Johansen, Scheffer Andrew Ltd.
J. Genge, Scheffer Andrew Ltd.
J. Thiessen, 3 &A Eavestrough Ltd.
G. Johnson, Johnson Farms
G. Van Metre, Ratepayer
R. Van Metre, Ratepayer
1. CALL TO ORDER
The Chairman called the meeting to order at 10:03 a.m.
2. EXCUSED FROM MEETING
P-54/13 MOVED BY COUNCILLOR R. ANDREWS that Councillor M. Nesbitt be
excused from the meeting.
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MOTION CARRIED
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3. MINUTES
a) May 9, 2013 •
P-55/13 MOVED BY B. DE JONG that the minutes of the May 9, 2013 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-56/13 MOVED BY COUNCILLOR A. EASTMAN that the agenda be adopted as
presented.
MOTION CARRIED
6. SUBDIVISIONS
a) #2013-0-049 - NW 31-17-14-W4M
Homes By Us (Owner) / Scheffer Andrew Ltd. / Connie Peterson
(Applicant) •
To create 120 lots/titles representing Phase 1 & 2 of a recreational
resort development project known as Bantry Bay Estates.
ARRIVED AT MEETING
Councillor J. Bulger arrived at 10:15 a.m.
The County Planner provided background information on the proposed
subdivision.
B. de Jong inquired about the waiver to the cabin lot dimensions. The
County Planner replied that the lots met 2 of the 3 dimension
requirements, which would merit a waiver as the lots meet the minimum
lot size. M. Douglass inquired about parking and street width,
commenting that both have been issues in other subdivision
development. The County Planner responded that appropriate visitor
parking is being provided and the streets are sufficiently wide to
accommodate on-street parking.
The CAO inquired about the status of the sanitary line that is to be
connected with the City of Brooks system. The County Planner replied
that the final engineering report has been reviewed by the IMDP
committee, but believed that the next step is to present the report to
both the City and County Councils for approval. The applicant's
engineer, J. Johansen, Sheffer Andrews Ltd., explained that they were
waiting to hear from the City of Brooks, and until the report was final,
plans to connect Bantry Bay Estates sanitary line to the City of Brooks •
cannot be finalized. There was further discussion.
May 23,2013 Municipal Planning Commission Page 2
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P-57/13 MOVED BY COUNCILLOR B. DE SONG that the Municipal Planning
Commission APPROVE subdivision #2013-0-049, subject to the following
conditions and waivers:
1. That all outstanding property taxes shall be paid to the County of
Newell.
2. That the number of lots applied for be reduced to include 105 residential
lots, 2 commercial lots, 3 municipal reserve and 4 public utility lots and
the proposed lane located in Block 4 be removed as indicated on the
revised tentative plan prepared by Stewart Weir dated May 10, 2013
and attached to the resolution. The final plan of subdivision shall reflect
the reduction in lots as approved by the Subdivision Authority.
3. That the final Plan of Survey to be registered at Land Titles shall
dedicate on the plan roads for access to the lots (which shall be as
illustrated on the tentative plan of subdivision by Stewart Weir, as dated
May 10, 2013), which are to become public County of Newell roads. The
details, specifications and standards for the construction of the road as
dedicated will be as per the Development Agreement with the County of
Newell with all costs to be at the applicant or owners expense.
4. 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 titles)s) being created.
5. That the applicant pays the applicable off-site levies and development
fees as required by the County of Newell.
6. That any and all required on-site and off-site easement(s) and/or utility
rights-of-way as required by the Bantry Bay Estates development
project (e.g. water, wastewater/sanitary sewer, etc.), TELUS and any
other utility agency and/or the municipality shall be established prior to
finalization of the application and shall be registered simultaneously with
the legal plan of subdivision.
7. That a traffic impact assessment (TIA) be prepared to the Alberta
Provincial Highway standard by a qualified transportation professional,
for review by the County of Newell and Alberta Transportation. The TIA
should provide information regarding the traffic that could be generated
by the proposed subdivision and identify any necessary upgrades to
Township Road 180 and Highway 873.
8. That an engineered stormwater management plan be
prepared/submitted and is acceptable to the County of Newell and the
Eastern Irrigation District (EID) and must be prepared in accordance
with Alberta Environment requirements. The applicant must provide a
copy of an approval and letter of authorization from Alberta Environment
under the Water Act and Environmental Enhancement & Protection Act,
the EID and the County of Newell prior to final endorsement.
9. The developer shall provide written confirmation and copies of formal
agreements with the EID for all development proposed on lands owned
by the EID or that may impact EID facilities or infrastructure, prior to
endorsement.
10.The developer shall provide written confirmation and copies of formal
agreements with the EID for the use of raw water (Other Purposes
Water Agreement) which must be entered into between the County of
Newell and the EID.
11.The developer shall provide written confirmation and provision of formal
agreements with the City of Brooks for required sewer infrastructure to
® service the Bantry Bay Estates development project, prior to :e4-4
endorsement.
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12.The developer shall provide written confirmation and provision of formal
agreements with the Newell Regional Services Corporation for required •
potable water infrastructure to service the Bantry Bay Estates
development project, prior to endorsement.
13.That the applicant provides a copy of architectural controls, to be
approved by the municipality, which are to be registered concurrently on
title with the final plan of subdivision.
14.That proposed Lot 15, Block 3, be consolidated with the adjacent parcel
legally known as a portion of the NW Y4 32-17-147 W4M (C of T 871 132
650) in a manner such that the resulting Certificate of Title could not be
subdivide without the approval of the Subdivision Authority to correct
the encroachment of an existing barn.
15.That the existing outhouse structure be removed or relocated prior
endorsement.
16.That a temporary access easement be established to provide legal
access the lands located within the SW 1/4 32-17-14 W4M.
17.That the existing right-of-way plan (R/W Plan 911 0925) for irrigation
across the subject land be relocated and the right-of-way plan
discharged prior to endorsement.
MOTION CARRIED
b) #2013-0-054 - SW 28-19-14-W4M
Johnson Farms (Brooks) Ltd. c/o Greg Johnson (Owner/Applicant)
To subdivide a 78.9 acre (31.9 ha) parcel to create 1 lot for light
industrial use.
The County Planner provided background information on the proposed •
subdivision.
The County Planner showed MPC the 2 approximate locations that
Alberta Transportation wanted a service road to be provided on the
property: either along the canal on the east side of the property or on
the east side of the existing dwelling. MPC was not in favor of either
location and directed the Planner to contact Alberta Transportation for
additional information. Further discussion followed.
P-58/13 MOVED BY REEVE M. DOUGLASS that the Municipal Planning Commission
TABLE subdivision #2013-0-054, until further information is available.
MOTION CARRIED
7. DEVELOPMENT PERMITS
a) Permit #3663 - SW 20-18-14 W4M, Division 5
County of Newell (Owner/ Applicant)
Shipping Containers and Moved-in building
The Manager of Planning and Development provided background
information on the proposed development permit.
L. _hiss inquired if there are restrictions in the Land Use Bylaw to the •
number structures allowed on the property. The County Planner
replied that 2 structures are allowed without a permit.
May 23,2013 Municipal Planning Commission Page 4
P-59/13 MOVED BY COUNCILLOR L. JUSS that the Municipal Planning
Commission APPROVE Development Permit #3663 for Shipping
Containers and Moved-in building subject to the following conditions:
This permit is being granted only for the installation of 6 shipping
containers and a moved-in building, on lands legally described as SW
20-18-14 W4. Any additional development shall require prior approval of
a separate permit application
The proposed development complying with:
a) The provisions pertaining to the Public Service 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.
Reasons for Approval
The Municipal Planning Commission has approved DP #3663 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 Public Service District (Schedule 2), and Use Specific
Standards of Development (Schedule 4), 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 provided as shown on the site plan
approved in this application and submitted April 19, 2013. Any
changes to that plan shall require the written approval of the
Development Officer.
b) That the shipping container must remain within the confines of the
Public Works yard. If the shipping container is moved to another
site on the property, the applicant must submit an updated site
plan to the Development Officer.
c) That the following setbacks to pro are maintained for this
development:
From RR 14-5: 100 ft (30 m)
MOTION CARRIED
b) Permit #3701 - Lot 9, Block 2, Plan 111 2649, NW 9-19-14 W4M,
Division 10
J &A 5" Eavestroughs Ltd. /Jacob Thiessen and Abe Thiessen
(Owner/Applicant)
Shop with office; variance to side yard setback
The Manager of Planning and Development provided background
information on the proposed development permit.
May 23,2013 Municipal Planning Commission Page 5
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MPC was given the opportunity to ask questions.
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P-60/13 MOVED BY REEVE M. DOUGLASS that the Municipal Planning Commission
APPROVE Development Permit #3701 for the Shop with office; variance to
side yard setback, and subject to the following conditions:
This permit is being granted only to construct a 8400 ft2 (780 m2) shop
and office building, on lands legally described as Lot 9, Block 2, Plan 111
2649, NW 9-19-14 W4M. Any additional development shall require prior
approval of a separate permit application.
The proposed development complying with:
a) The provisions pertaining to the Rural Business 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.
Reasons for Approval
The Municipal Planning Commission has approved DP #3701 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 Rural Business District (Schedule 2), 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 April 8, 2013. Any changes to that
plan shall require the written approval of the Development Officer.
b) That there is a 3 m (10 ft.) separation distance between this building
and any future buildings or structures.
c) That the developer provide parking stalls at the front (west side) of
the building to facilitate the operation of this business.
d) That the following setbacks on all sides are maintained for this
development:
Front (west): 50 ft (15.2 m)
Side (north): 12 ft (3.7 m) - variance from 25 ft (7.6 m)
Rear (east): 25 ft (7.6 m)
MOTION CARRIED
c) Permit #3695 - Lot 5, Block 3, Plan 991 0128, SE 6-19-14 W4M, •
Division 5
May 23,2013 Municipal Planning Commission Page 6
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Mel and Lynn Schrader (Owner/Applicant)
Construction of a dwelling with attached garage and deck; variance to
rear yard setback
The Manager of Planning and Development provided background
information on the proposed development permit.
MPC was given the opportunity to ask questions. The County Planner
responded to questions from MPC regarding setbacks.
P-61/13 MOVED BY COUNCILLOR C. AMULUNG that the Municipal Planning
Commission APPROVE Development Permit #3695 for the Construction of
a dwelling with attached garage and deck; variance to rear yard setback,
and subject to the following conditions:
This permit is being granted only to provide approval for the
construction of a 2300 ft2 (214 m2) dwelling with a 600 ft2 (56 m2)
attached garage and a 300 ft2 (28 m2) attached deck, on lands legally
described as Lot 5, Block 3, Plan 991 0128, SE 6-19-14 W4M. Any
additional development shall require prior approval of a separate permit
application.
The proposed development complying with:
a) The provisions pertaining to the Acreage 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.
Reasons for Approval
The Municipal Planning Commission has approved DP #3695 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 Acreage Residential District (Schedule 2) and Standards of
Development (Schedule 4) 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 thq site plan provided
with this application that was submitted March 14, 2013. Any changes
to that plan shall require the written approval from the Development
Officer.
b) That the property is not used for conducting a business or commercial
operation without first obtaining the required permits.
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c) The developer must start construction before May 31, 2014. In the
event that this date cannot be met, the developer must apply for an •
extension and may be required to apply for a new permit.
d) That the following setbacks are maintained for this development:
Front (west): 25 ft (7.6 m)
Side (north and south): 25 ft (7.6 m)
Rear (east): 15 ft (4.6 m) - varied from 25 ft (7.6 m)
MOTION CARRIED
d) Permit #3703 - Lot 2, Block 2, Plan 111 0836, SE 30-18-14
W4M, Division 5
TCB Welding / Bill Sewall (Owner/Applicant)
Shop with office
The Manager of Planning and Development provided background
information on the proposed development permit.
MPC was given the opportunity to ask questions.
P-62/13 MOVED BY COUNCILLOR A. EASTMAN that the Municipal Planning
Commission APPROVE Development Permit #3703 for the Shop with office,
and subject to the following conditions:
This permit is being granted only to construct an 11,500 ft2 (1068 m2)
shop and office building, on lands legally described as Lot 2, Block 1, •
Plan 061 2699, SE 30-18-14 W4M. Any additional development shall
require prior approval of a separate permit application.
The proposed development complying with:
a)The provisions pertaining to the Rural Business 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.
Reasons for Approval
The Municipal Planning Commission has approved DP #3703 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 Rural Business District (Schedule 2), 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 •
1=' a) That this development is located as shown on the site plan
approved in this application and submitted April 11, 2013. Any
May 23,2013 Municipal Planning Commission Page 8
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changes to that plan shall require the written approval of the
Development Officer.
b) That there is a 3 m (10 ft) separation distance between this
building and any present or future buildings or structures.
c) That the applicant enter into a Deferred Servicing Agreement. This
agreement will be registered on the title to the property.
d) That the developer provide parking stalls at the front (south side)
of the building to facilitate the operation of the business.
e) That the following setbacks on all sides are maintained for this
development:
Front (south): 100 ft (30 m)
Side (east and west): 25 ft (7.6 m)
Rear (north): 25 ft (7.6 m)
MOTION CARRIED
LEFT MEETING
Councillor R. Andrews left the meeting at 11:04 declaring a pecuniary interest
e) Permit #3712 - Lot 2, Block 2, Plan 111 0836, NW 36-17-17 W4M,
Division 4
Ryan and Shannon Andrews/ Marshall Gillespie (Owner/Applicant)
Manufactured home as Second Dwelling
The Manager of Planning and Development provided background
information on the proposed development permit.
® MPC was given the opportunity to ask questions.
P-63/13 MOVED BY COUNCILLOR I. SCHROEDER that the Municipal Planning
Commission APPROVE Development Permit #3712 for a Manufactured
home as Second Dwelling, and subject to the following conditions:
This permit is being granted only to provide approval for the 1520 ft2
(141 m2) manufactured home as a second dwelling on lands legally
described as NW 36-17-17 W4M, Lot 1, Block 2, Plan 1110836. Any
additional development shall require prior approval of a separate permit
application.
The proposed development complying with:
a) The provisions pertaining to the Single Lot 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.
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 #3712 for the
following reasons:
1. The proposed development complies with the Municipal Development
Plan.
May 23,2013 Municipal Planning Commission
Page 9
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2. The Development Authority is satisfied that the proposed
development is suitable for the purpose for which it is intended under •
the Single Lot Agricultural District (Schedule 2) and Moved-in
Buildings (Schedule 4) 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 May 8, 2013. Any changes to that
plan shall require the written approval of the Development Officer.
b)That there is a 2 m (6.6 ft.) separation distance between the
manufactured dwelling and any other proposed buildings.
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 on all sides are maintained for this
development:
Front (west): 100 ft (30 m)
Side and Rear: 25 ft (7.6 m)
MOTION CARRIED
8. POST AGENDA
There were no post agenda items. •
9. IN CAMERA ITEMS
There were no in camera items.
10. OUESTION PERIOD
None
11. ADJOURN
Being that the agenda matters have been concluded the meeting adjourned
at 11:06 a.m.
Signed by the Chairman and Assistant Administrator this Day of Jam- , 2013.
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May 23,2013
Municipal Planning Commission Page 10
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