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HomeMy WebLinkAbout2013-12-19 Municipal Planning Commission (Regular) Minutes COUNTY OF NEWELL MUNICIPAL PLANNING COMMISSION MEETING December 19, 2013 The regular Municipal Planning Commission Meeting of the County of Newell was held in the County Office at Brooks, AB on Thursday, December 19, 2013 commencing at 10:00 a.m. MEMBERS PRESENT: M. Douglass, Councillor A.M. Philipsen, Councillor & M.P.C. Chair C. Amulung, Councillor G. Simpson, Councillor L. Juss, Councillor, Vice M.P.C. Chair B. de Jong, Councillor W. Hammergren, Councillor T. Fyfe, Councillor K. Christman, Councillor E. Unruh, Councillor ABSENT: STAFF: K. Stephenson, CAO L. Johnson, Director of Corporate Services G. Scott, Planner - ORRSC A. Wickert, Manager of Planning and Development S. Simpson, Development Clerk P. Elliott, Administrative Assistant Planning OTHERS IN ATTENDANCE: S. Stanway, Brooks Bulletin M. Dumont, Brooks & County Chronicle J. Kay, Applicant A. Riley, Applicant C. Sieberer, Ratepayer C. Luedtke, Ratepayer M. Harbicht, Director of Municipal Services G. Tiffin, Manager of Engineering Services 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) December 5, 2013 P-150/13 MOVED BY COUNCILLOR C. AMULUNG that the minutes of the December 5, 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-151/13 MOVED BY COUNCILLOR E. UNRUH that the agenda be adopted as presented. MOTION CARRIED 6. SUBDIVISIONS a) #2013-0-170 - SE 12-21-14-W4M Gordon William Kay Professional Corp. (Owner/Applicant) To create one (1) new vacant parcel approximately 10.31 acres (4.17 ha) in size, from an un-subdivided quarter section for residential use. The County Planner provided background information on the proposed subdivision. The Applicant indicated that she was requesting a parcel size larger than what was allowed in the Land Use Bylaw because horses were to be kept on the property. ARRIVED AT MEETING: M. Harbicht & G. Tiffin arrived at 10:06 a.m. Councillor B. de Jong asked to what standard the County required a local gravel road be built and whether that standard should be applied to that part of the current access road that was in the County Right of Way (ROW). The Director of Municipal Services informed MPC that a standard County road is built 8 meters wide with 1 meter ditches. Councillor 8. de Jong inquired what the County's responsibilities are, particularly in terms of emergency access to property that has been given subdivision approval. The CAO replied that a municipality is responsible to provide legal access to a property via the County road network. In addition, where a road is constructed by a landowner and then turned over to the County for maintenance, it must be built to County standards. There was further discussion. December 19,2013 Municipal Planning Commission Page 2 P-152/13 MOVED BY COUNCILLOR B. DE TONG that the Municipal Planning Commission APPROVE subdivision #2013-0-170, subject to the following conditions: 'Sloe, 1. That all outstanding property taxes shall be paid to the County of Newell. 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 and that the portion of the road to be constructed within the County right-of- way be built to a minimum standard acceptable to County Public Works. 3. That, the parccl be rcduccd in sizc to 7 acres. 4. That an easement for legal access across Lot 1 Block 1 Plan 1111057 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) #2013-0-171 - Lot 1, Block 1, Plan 1213330; Lot 1, Block 2, Plan 1210995; Lot 1, Block 2, Plan 1310639 within N1/2 15-21-16-W4M and SE 22-21-16-W4M 725973 Alberta Ltd./Leo & Donna Wiebe/Eckardt & Ute Wiebe (Owner/Applicant) To subdivide and consolidate portions of SE22, NW15 and NE15 21-16- W4M for agricultural purposes. The County Planner provided background information on the proposed subdivision. Councillor G. Simpson inquired if the application was made because of the reconfiguration of the canal. The County Planner confirmed that assertion and also indicated that it came at the request of a new owner. P-153/13 MOVED BY COUNCILLOR L. JUSS that the Municipal Planning Commission APPROVE subdivision #2013-0-171, subject to the following conditions: 1. That all outstanding property taxes shall be paid to the County of Newell. 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. 3. Consolidation of that portion of Lot 1 Block 1 Plan 1310639 lying south of the existing canal with those portions of Lot 1 Block 2 Plan 1213330 lying south and east of the canal. 4. Consolidation of that portion of Lot 1 Block 1 Plan 1213330 lying west of the existing canal with those portions of Lot 1 Block 2 Plan 1210995. MOTION CARRIED 7. DEVELOPMENT PERMITS a) Permit #3783 - SW 3-19-15 W4M, Division 5 Rommens Farms Ltd. / Smith Trucking Services Ltd. (Owner/Applicant) 1Q\14 December 19,2013 Municipal Planning Commission Page 3 Operation of a Fill Dirt Pit The Development Clerk provided background information on the proposed development permit. Councillor G. Simpson asked why the application was not approved when it was reviewed by MPC in 2010. The Director of Corporate Services replied that the adjacent landowners objected strongly to the application, resulting in MPC refusing the application. He added that the application was appealed and then approved by the Subdivision and Development Appeal Board (SDAB), with conditions. Councillor E. Unruh inquired who was responsible to enforce conditions that are not met. The Director of Corporate Services replied that conditions are enforced by the County on a complaint basis. Councillor C. Amulung requested clarification of an item on the site plan. The Manager of Planning & Development replied that in the initial approval, a barrier of flax bales was to be provided on the west side of the pit to prevent erosion while top soil was being removed. Since that time, the top soil for the pit has been removed and seeded, so the applicant requested the condition regarding flax ba/es be removed. Councillor C. Amu lung indicated that he felt dust issues should be addressed by the applicant, according to the situation on the site at the time. Councillor B. de Jong requested clarification of the condition requiring the operation to cease when dust was severe and until water could be applied to the site. He suggested that dust mitigation should be the permit holder's responsibility. There was further discussion about dust mitigation requirements. An adjacent landowner outlined her concerns to MPC. She felt the conditions that were put in place for the previous permit approval by SDAB were fair and addressed the concerns of the residents who objected to the development at that time. She expressed concerns with the issues of dust control, hours of operation and the number of trucks that were to be used at the operation. There was further discussion. Councillor M. Douglass suggested that the permit be approved, with the condition that, when dust becomes excessive, operations in the pit must cease until dust abatement measures have been undertaken. LEFT THE MEETING: M. Harbicht & G. Tiffin left the meeting at 11:00 am P-154/13 MOVED BY COUNCILLOR M. DOUGLASS that the Municipal Planning Commission APPROVE Development Permit #3783 for use of the designated site on the parcel as a Fill Dirt pit, subject to the following conditions: This permit is being granted only for the use of a designated area of the parcel as a fill dirt pit, on lands legally described as SW 3-19-15 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 #1626-07. Decemb 19,2013 Municipal Planning Commission Page 4 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 do so, and furthermore, this permit must be obtained from an accredited inspection agency. d) All Alberta Safety Codes, where applicable. If the developer is installing a new sewage disposal system, he /she is required obtain a Private Sewage Disposal System Permit, issued by a licensed, 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. Conditions of Development a) That this development is located as shown on the site plan approved in this application and submitted October 28, 2013. Any changes to that plan shall require the written approval of the Development Officer. b) That the developer submits a conservation and reclamation plan, within 1 month of permit approval, by January 31, 2014. A copy of this plan must be submitted to the Development Department. A security deposit of$15000 shall be submitted to the County of Newell. c) The developer shall install a barbed wire fence surrounding the dirt fill pit. d) The developer shall have a maximum posted speed limit of 15 km/hr in the pit with safety signage and stop signs. e) Operations to cease in excessive dust conditions until dust abatement measures have been undertaken by operators. f) That the developer shall not begin operations in the pit before 7:00 a.m. and that the operation must be completely shut down by or before 10:00 p.m. For holidays the operation shall not start before 9 a.m. and must be completely shut down by or before 10:00 p.m. The dirt fill pit shall be closed when not in use. g) The developer shall comply with all conditions of Alberta Transportation. h) The developer shall notify the Development Department once the pit is depleted and ready to be closed. MOTION CARRIED b) Permit #3785 - SE 12-21-14 W4M, Division 8 Gordon &Jacqueline Kay/ Amanda Riley (Owner/Applicant) Moved-in dwelling The Development Clerk provided background information on the proposed development permit. LEFT THE MEETING: Councillor K. Christman left the meeting at 11:04 a.m. There were no questions from MPC. December 19,2013 Municipal Planning Commission Page 5 P-155/13 MOVED BY COUNCILLOR M. DOUGLASS that the Municipal Planning Commission APPROVE Development Permit #3785 for the installation of a moved-in dwelling, and subject to the following conditions: 0 This permit is being granted only to provide approval for the installation of a 1080 ft2 (100 m2) moved-in dwelling, on lands legally described as SE 12-21-14 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 #3785 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. 0 Conditions of Development a) That this development is located as shown on the site plan approved in this application and submitted November 29, 2013. Any changes to that plan shall require the written approval of the Development Officer. b) That the applicant provide the County of Newell with a copy of the land title with the registered easement as per the County of Newell Land Use Bylaw requiring legal and physical access to a public roadway. This shall be submitted to the County of Newell Planning Department before January 31, 2014. c) For the installation of manufactured or moved-in dwellings, the County generally requires that the applicant submit a security deposit between $2500 and $5000, to ensure that improvements indicated in the application are completed and that the building is installed properly. However, since this dwelling requires no improvements, it is recommended that no security is required. d) That the following setbacks on all sides are maintained for this development: Front (south): 25 ft (7.6 m) Side (west): 25 ft (7.6 m) "D Rear (north): 25 ft (7.6 m) Side (east): 100 ft (30.5 m) December 19,2013 Municipal Planning Commission Page 6 e) That any dwelling / structures are located a minimum distance of 100 m (328 ft) from any gas or oil well on or adjacent to the property. A variance to this requirement may only be provided by ", the ECRB. f) That the property is not used for conducting a business or commercial operation without first obtaining the required permits. g) The developer must start construction before January 3, 2015. 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. MOTION CARRIED 8. OTHER BUSINESS a) Request for decision on change of parcel size for Subdivision 2011-0-094. The County Planner provided background information on the proposed subdivision. ARRIVED AT MEETING: Councillor K. Christman arrived at the meeting at 11:05 a.m. Councillor C. Amu lung commented that, after reading the minutes from the meeting where the subdivision was approved, he noted that the applicant did not want the dugout included in the subdivision at that time. The County Planner agreed and suggested that the surveyor should have advised the applicant that the change in size to the subdivision was not what was originally approved. Councillor G. Simpson asked whether the applicant would be required to re-apply and pay the subdivision fee again, considering that most of the work was complete. The County Planner replied that since the applicant has significantly changed the size and configuration of the subdivision, a new application, and fee, would be necessary. P-156/13 MOVED BY COUNCILLOR C. AMULUNG to REFUSE the requested change to the subdivision area and require the applicant to apply for the additional acreage through the regular subdivision process. MOTION CARRIED 9. POST AGENDA There were no post agenda items. 10. IN CAMERA ITEMS There were no in camera items. 11. OUESTION PERIOD w None December 19,2013 Municipal Planning Commission Page 7 12. ADJOURN Being that the agenda matters have been concluded the meeting adjourned .0 at 11:12 a.m. Signed by the Chairman and Director of Corporate Services this 9 g y p [ Day of.JAp,ul4R/ , 2014. aATY\12- DIRECTOR OF C ORATE SERVICES 3 December 19,2013 Municipal Planning Commission Page 8