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