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Home My WebLink About2013-09-05 Municipal Planning Commission (Regular) Minutes COUNTY OF NEWELL MUNICIPAL PLANNING COMMISSION MEETING September 5, 2013 The regular Municipal Planning Commission Meeting of the County of Newell was held in the County Office at Brooks, AB on Thursday, September 5, 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 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 ® G. Scott, Planner - ORRSC A. Wickert, Manager of Planning and Development S. Simpson, Development Clerk P. Elliott, Administrative Assistant OTHERS IN ATTENDANCE: R. Brown, Brooks Bulletin M. Dumont, Brooks Chronicle W. Schaap, Ratepayer 1. CALL TO ORDER The Chairman called the meeting to order at 10:02 a.m. 2. EXCUSED FROM MEETING P-105/13 MOVED BY COUNCILLOR M. NESBITT that Councillor de Jong be excused from the meeting. MOTION CARRIED 3. MINUTES a) August 8, 2013 The following clarification was made to the August 8, 2013 MPC Meeting • minutes resulting from a conversation with the Adjacent landowner, the Manager of Planning & Development and the Assistant Administrator: Page 14 - Item 7(c) Conditions of Development(b) should read as follows: "This fence MUST be a solid fence." P-106/13 MOVED BY COUNCILLOR I. SCHROEDER that the minutes of the August 8, 2013 Municipal Planning Commission meeting be adopted as amended. MOTION CARRIED 4. CALL FOR POST AGENDA ITEMS The Chairman called for post agenda items. 5. ADOPTION OF AGENDA P-107/13 MOVED BY COUNCILLOR A. EASTMAN that the agenda be adopted as presented. MOTION CARRIED 6. DEVELOPMENT REPORT a) Permitted Use Report Aug 1- August 31, 2013 • The Development Officer provided information regarding the Development Report. P-108/13 MOVED BY COUNCILLOR M. NESBITT that the Development Report be adopted as presented. MOTION CARRIED 7. SUBDIVISIONS a) #2013-0-113 - Block 1, Plan 971 1648, SW 24-18-15-W4M M. Kent & Katherine Chudleigh (Owner/Applicant) To divide an existing farmstead into two parcels of approximately 7.14 acres (2.89 ha) and 2.32 acres (0.94 ha) in size. The County Planner provided background information on the proposed subdivision. A.M. Philipsen asked for clarification as to how the process would work regarding this subdivision application and the Zoning change application that is across the road. She asked if it worked on a 'first come first serve'basis or did the Zoning application take precedence. The County Planner replied that they were 2 separate processes. • September 5,2013 Municipal Planning Commission Page 2 P-109/13 MOVED BY COUNCILLOR M. NESBITT that the Municipal Planning Commission APPROVE subdivision #2013-0-113, subject to the following conditions: 1. That 10% reserve be provided as money in place of land on the 2.32 acres at the market value of$1,500.00 per acre with the actual acreage and amount (approximately $348) to be paid to the County of Newell be determined. 2. That all outstanding property taxes shall be paid to the County of Newell. 3. That the easement(s) as required by ATCO Gas shall be established prior to finalization of the application. 4. That an easement for legal access across Block 1 Plan 9711648 shall be provided before final approval of the subdivision. A copy of the signed easement agreement is required by the Subdivision Authority. MOTION CARRIED b) #2013-0-116 - NW-NE 12-21-17-W4M Mary Anne Schaap and Clinton &Angela Morasch (Owner/Applicant) To divide a parcel containing an existing farmstead (approximately 34.09 acres in size), and consolidating the residual parcel with a portion of adjacent agricultural lands to the south to create one new agricultural parcel approximately 13.95 acres in size. The County Planner provided background information on the proposed subdivision. M. Douglass asked W. Schaap if the solution worked out with Alberta Transportation as outlined by the County Planner would be satisfactory. W. Schaap replied that C. Morasch was in discussion with Alberta Transportation and was sure that an agreement would be reached. P-110/13 MOVED BY COUNCILLOR 1. BULGER that the Municipal Planning Commission APPROVE subdivision #2013-0-116, subject to the following conditions: 1. That the 10% reserve requirement be provided as money in place of land on the 18.75 acres at the market value of $1,500.00 per acre with the actual acreage and amount (approximately $2,092.50) to be paid to the County of Newell be determined at the final stage, for Municipal Reserve Purposes. 2. That all outstanding property taxes shall be paid to the County of Newell. 3. 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. 4. That the conditions of Alberta Transportation shall be established prior to finalization of the application. The applicant should contact Alberta Transportation to finalize these conditions. 5. That the 0.76 acre portion of Certificate of Title 121323676 be consolidated with the adjacent parcel to the northwest in a manner such that the resulting Certificate of Title could not be subdivided without the approval of the Subdivision Authority. September 5,2013 Municipal Planning Commission Page 3 MOTION CARRIED 8. DEVELOPMENT PERMITS • a) Permit #3748 - NW 12-20-14 W4M, Division 8 Harvey & Beatrice Seeley (Owner/ Applicant) Setback variance to County Road Right-of-Way, installation of a slab fence The Development Officer provided background information on the proposed development permit. There were no questions from MPC. P-111/13 MOVED BY COUNCILLOR C. AMULUNG that the Municipal Planning Commission APPROVE Development Permit #3748, and grant approval for the installation of an 8 ft slab fence on the County ROW, and a variance to the setback to the County road allowance for 2 existing structures, subject to the conditions outlined below. This permit is being granted only to provide approval for the installation of a 8 ft (2.4 m) slab fence of approximately 164 ft (50 m) in length, and a variance to the setback to the County road allowance, on lands legally described as NW 12-20-14 W4M. Any additional development shall require prior approval of a separate permit application. The proposed development complying with: • a) The provisions pertaining to the 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. Reasons for Approval The Municipal Planning Commission has approved DP #3748 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 Standards of Development (Schedule 3) 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 July 30, 2013. Any changes to that plan shall require the written approval of the Development Officer. • September 5,2013 Municipal Planning Commission Page 4 b) That the developer must start construction of the fence and alter the accessory building to be 17 ft (5.2 m) from the County ROW before ® September 20, 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. c) That the accessory buildings are not used for living purposes. d) That the following setbacks on all sides are maintained for this development: North: 17 ft (5.2 m); variance from 100 ft (30 m) South, East, West: n/a MOTION CARRIED b) Permit #3749 - Lot 13, Block 4, Plan 821 0258, SE 6-15-13 W4M, Division 1 S. Thomas, B. Thomas, J. Landry/B. Shantz (Owner/Applicant) Compliance for an existing dwelling and detached garage; variance to setback requirements. The Manager of Planning and Development provided background information on the proposed development permit. C. Amulung commented that MPC is getting a lot of compliance permits and felt that there must be some way that a development could be stopped early on, maybe by an on-site inspection. The County Planner replied that there are some issues that need to be looked at. He said there were several ways in which to address the situation, one of which could be to hold a workshop. There was further discussion. P-112/13 MOVED BY COUNCILLOR C. AMULUNG that the Municipal Planning Commission APPROVE Development Permit #3749 and provide compliance for the existing dwelling and detached garage, with a variance to the front yard setback requirements, subject to the following conditions: This permit is being granted only to provide compliance for the existing dwelling and existing detached garage, with a variance to front yard setback requirement, on lands legally described as Lot 13, Block 4, Plan 821 0258, 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 #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 #3749 for the following reasons: September 5,2013 Municipal Planning Commission Page 5 e► 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. 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 August 2, 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. c) That the front yard setbacks are permitted as follows: Dwelling: 4.33 m (14 ft) to 5.06 m (17 ft) Detached Garage: 1.35 m (4.4 ft) to 3.75 m (12 ft) MOTION CARRIED 9. OTHER BUSINESS a) Draft Land Use Bylaw for the Town of Bassano (Proposed Bylaw LUB • 845/2013) The Manager of Planning & Development provided background information on the proposed Draft Use Bylaw. M. Douglass asked if any changes had been made to the Proposed Land Use Bylaw. The County Planner replied that there had been substantial changes made. The Assistant Administrator commented that the process of developing an IMDP with the Village of Duchess is now underway and work on an IMDP with the Town of Bassano will start in the New Year. 10. POST AGENDA There were no post agenda items. 11. IN CAMERA ITEMS There were no in camera items. 12. OUESTION PERIOD None • 1,:\ 13. ADJOURN September 5,2013 Municipal Planning Commission Page 6 Being that the agenda matters have been concluded the meeting adjourned at 10:35 Signed by the Chairman and Assistant Administrator this / ? Day oflefaimba, 2013. Mil CHAI'.� 1 / ' ' ASST. ADMINI • 'TOR C C September 5,2013 Municipal Planning Commission Page 7