HomeMy WebLinkAbout2014-05-22 Municipal Planning Commission (Regular) Minutes County of Newell
MUNICIPAL PLANNING COMMISSION MEETING
May 22, 2014
The regular Municipal Planning Commission Meeting of the County of Newell was held in the
County Office at Brooks, AB on Thursday, May 22, 2014 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
B. de Jong, Councillor
W. Hammergren, Councillor
T. Fyfe, Councillor
K. Christman, Councillor
E. Unruh, Councillor
L. Juss, Councillor, Vice M.P.C. Chair
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 S. Stanway, Brooks Bulletin
ATTENDANCE: M. Dumont, Brooks Chronicle
G. Gibeau, Applicant
D. Zacher, Cavalier Land
C. Robinson, Rogers Communication
1. CALL TO ORDER
The Chairman called the meeting to order at 10: 00 a. m.
2. EXCUSED FROM MEETING
P 41/14 MOVED BY COUNCILLOR T. FYFE that Councillor L. JUSS be excused from the
meeting.
MOTION CARRIED
3. MINUTES
a) April 24, 2014
The following change was made to the April 24, 2014 MPC minutes:
Page 4, Conditions of Development, Item 4, should read `May 8, 2015.
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P 42/14 MOVED BY COUNCILLOR E. AMULUNG that the minutes of the April 24, 2014
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 43/14 COUNCILLOR G. SIMPSON MOVED that the agenda be adopted as presented.
MOTION CARRIED
6. DEVELOPMENT REPORT
The Development Clerk provided background information on the Construction
and Permitted Use Reports.
a) Construction Report April - May 2014
b) Permitted Use Report - April 2014
P 44/14 COUNCILLOR M. DOUGLASS MOVED that the Development Report be adopted as
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presented.
MOTION CARRIED
7. SUBDIVISIONS
a) 2014-0-050 SE 20-19-15-W4M, to create a parcel approximately 2.25
acres (0.91 ha) in size, from a title of 157.75 acres for residential use.
The County Planner provided background information on the proposed
subdivision.
Councillor B. de Jong asked for clarification on the response
received from Alberta Transportation. The County Planner response was
that Alberta Transportation has no issues with the subdivision.
P 45/14 MOVED BY C. AMULUNG that the Municipal Planning Commission APPROVE
subdivision #2014-0-050 subject to the following conditions:
1. That all outstanding property taxes shall be paid.
2. That the applicant or owner or both enter into Development
Agreement with the County of Newell which shall be registered
concurrently with the final plan against the title(s) being created.
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MOTION CARRIED
8. DEVELOPMENT PERMITS
a) DP 3616 Extension Request- SW 3-19-14-W4, GTE Solar Inc.
Construction of a solar array facility
The Development Clerk provided background on the proposed extension
request.
There were no questions from MPC.
P 46/14 COUNCILLOR M. DOUGLASS MOVED that the Municipal Planning Commission
APPROVE a 13 month extension for the commencement and completion of
construction for DP 3616 for the construction of a solar array facility.
MOTION CARRIED
b) DP 3825 Lot 12 & 13, Block 2, Plan 0411757, NW 20-21-18 W4, Aircraft
Hangar
The Development Clerk provided background information on
the proposed development permit.
Councillor C. Amulung had questions about the setback requirement why more
than a 50%setback is not supported by Planning and Development. The
Manager of Planning& Development replied that in discussions with the
County Planner about Land Use Bylaw setback requirements, a request for a
variance of 50% or more is not supported because it is a major change to what
is meant to occur in the district. If requests to vary to setback by 50% or more
continue to be submitted, then the district may not be working the way it should
and the setback requirements may need to be revisited and amended. There
was further discussion.
P 47/14 COUNCILLOR B. DE JONG MOVED that the Municipal Planning Commission
APPROVE Development Permit #3825 and grant approval to construct a 6400 ft2
(595 m2) aircraft hangar with a 10 ft (3 m) variance to the east, west and north
setbacks.
This permit is being granted only to construct a 6400 ft2 (595 m2) aircraft
hangar, on lands legally described as Lot 12 & 13, Block 2, Plan 0411757, NW
20-21-18 W4M. Any additional development shall require prior approval of a
separate permit application.
The proposed development complying with:
The provisions pertaining to the Rural Business District and all relevant
schedules, as outlined in the County of Newell Land Use Bylaw#1755-12.
a) All Federal, Provincial and Municipal statutes, regulations, codes and
standards.
b) All Alberta Building Codes and Safety Codes, where applicable.
Reasons for Approval
The Municipal Planning Commission has approved DP #3825 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.
Conditions of Development
a) That this development is located as shown on the site plan approved in this
application and submitted April 24, 2014. Any changes to that plan shall
require the written approval of the Development Officer.
b) That Lots 12 & 13 must be consolidated prior to any construction or
development commencing on the parcel.
c) That the existing building is removed prior to any development commencing
on the parcel.
d) That the following setbacks on all sides are maintained for this development:
Front (west): 10 ft (3 m) —variance from 25 ft (7.6 m)
Side (north): 10 ft (3 m) —variance from 25 ft (7.6 m)
Rear (east): 10 ft (3 m) —variance from 25 ft (7.6 m)
e) That the property is not used for conducting a business or commercial
operation that is unrelated to aircraft operations, and without obtaining the
required permits.
f) That the property is not used for residential purposes.
g) That the property is not used for storage purposes.
h) That construction of the hangar must be completed within 12 months of this
permit being issued, by June 5, 2015.
i) That access can be provided for Emergency Services vehicles to all sides of
the building.
MOTION CARRIED
c) DP 3832 Lot 1, Block 2, Plan 1110626, NE 11-21-16 W4, Installation of a
manufactured dwelling as a 2nd dwelling
The Development Clerk provided background information on the proposed
development permit.
There were no questions from MPC.
P 48/14 COUNCILLOR E. UNRUH MOVED that the Municipal Planning Commission
APPROVE DP #3832, for the installation of a new 1670 ft2 (155 m2) 2014
manufactured dwelling with a 200 ft2 (19 m2) addition, to be used as a second
dwelling on the farm site, subject to the conditions outlined below:
This permit is being granted only for the installation of a 1670 ft2 (155 m2)
2014 manufactured dwelling with a 200 ft2 (19 m2) addition, to be used as a
second dwelling on the farm site, on lands legally described as Lot 1, Block 2,
Plan 1110626, NE 11-21-16 W4M. Any additional development shall require
prior approval of a separate permit application
The proposed development complying with:
a) The provisions pertaining to the Urban Fringe 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 #3832 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 Schedule 4 in the
County of Newell Land Use Bylaw#1755-12.
Conditions of Development
a) That the developer shall obtain a Roadside Development Permit from
Alberta Transportation and comply with the conditions of that permit. A
copy of this permit must be submitted to Planning and Development.
b) That this development is located as shown on the site plan approved in
this application and submitted April 24, 2014. Any changes to that plan
shall require the written approval of the Development Officer.
c) That the property is not used for conducting a business or commercial
operation without first obtaining the required permits.
d) That there is a 10 ft (3 m) separation distance between the new building
and any other buildings or structures on the site.
e) The developer must start construction before June 5, 2015. In the event
that this date cannot be met, the developer may be required to apply for a
new permit.
f) That the following setbacks on all sides are maintained for this
development:
Front (west): 25 ft (7.6 m)
Side: (south) 25 ft (7.6 m)
(north) n/a
Rear: (east) 25 ft (7.6 m)
MOTION CARRIED
d) DP 3833 SW 20-15-15 W4 Shop with side yard variance
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The Development Clerk provided background information on the
proposed development permit.
Councillor C. Amulung inquired about the white structure on the map
and if it was being removed. The Development Clerk replied that it was
an accessory building and had been removed.
P 49/14 COUNCILLOR K. CHRISTMAN MOVED that the Municipal Planning
Commission APPROVE Development Permit#3833, which is the construction of
a 1700 ft2 (158 m2) shop, with a variance to the side yard setback, subject to the
conditions outlined below.
This permit is being granted only to provide approval for the
construction of a 1700 ft2 (158 m2) shop with a variance to the side
yard setback on lands legally described as SW 20-15-15 W4M. Any
additional development shall require prior approval of a separate permit
application.
The proposed development complying with:
a) The provisions pertaining to the 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 #3833 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 April 25, 2014. Any
changes to that plan shall require the written approval of the
Development Officer.
b) That the proposed accessory building (shop) is not used for living
purposes.
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c) That there is a 10 ft (3 m) separation distance between the new
building and any other buildings or structures.
d) The developer must start construction before June 5, 2015. In the
event that this date cannot be met, the developer may be required
to apply for a new permit.
e) That the following setbacks on all sides are maintained for this
development:
Front (west): 100 ft (30 m)
Side (north): 12.5 ft (3.8 m); variance from 25 ft (7.6 m)
Side (south): 25 ft (7.6 m)
Rear (east): 25 ft (7.6 m)
MOTION CARRIED
9. OTHER BUSINESS
a) Rogers Telecom Tower- south Scandia, SE 18-15-15 W4M
The Manager of Planning and Development provided background
information on the proposed application.
LEFT THE MEETING
M. Douglass left 10:31 a.m.
ARRIVED AT MEETING
M. Douglass returned at 10:33 a.m.
Councillor E. Unruh asked Rogers Communications how many
residents were living in the immediate vicinity of the proposed tower.
D. Zacher replied he wasn't sure of the exact number. He added that
the tower will not only supply coverage along the Highway 36 corridor
but also to the Hamlet of Scandia. He informed MPC that with more
data usage, more coverage, as well as capacity, is required.
Councillor K. Christman asked about partnering with TELUS
Communications. C. Robinson replied that they have been looking at
partnering with both TELUS and the EID. Councillor K. Christman also
wanted to know if Rogers understood MPC's concerns with the crop
sprayer's flight paths. C. Robinson responded that Rogers understood
MPC's concerns. She added that in their research they found that
flight paths could be changed in some cases. The Manager of
Planning& Development asked, if collocating with TELUS, how would
they decide which site would be optimal for both carriers. C.
Robinson replied that, because Rogers already had the site and
qualifications, the Rogers site would be used. She added that it has
only been in the last 2 years that they have begun to collocate with
other Communications carriers. Councillor M. Douglass asked how
many landowners will be affected by locating this tower on that site. D.
Zacher replied that Rogers has received feedback from 2 landowners.
Councillor M. Douglass asked how much land will be affected.
Councillor B. de Jong commented that from looking at the map it
appeared the tower would affect 5 different landowners. D. Zacher
replied that to his knowledge, no landowner had said they couldn't
spray the fields. Councillor B. de Jong responded that his
understanding was that the landowners had indicated they would be
unable to spray their fields.
LEFT THE MEETING
A. Wickert left at 11:04 a.m.
ARRIVED AT MEETING
A. Wickert returned at 11:06 a.m.
Councillor M. Douglass asked if Rogers had ever been refused by a
municipality to install a tower. C. Robinson replied that this was the
first time this type of issue has come up. She added that Rogers could
still request Industry Canada to review the application and make a
decision. D. Zacher added that Rogers would be willing to make
alterations to the tower to alleviate pilots'issues. D. Zacher asked if
MPC would be making a decision at this time. MPC Chair A.M.
Philipsen replied that she couldn't confirm when a decision would be
made, but Rogers would be notified about the decision.
LEFT THE MEETING
D. Zacher and C. Robinson left at 11:11 a.m.
The Manager of Planning& Development informed MPC that a Letter
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of Concurrence had been issued to the EIDNet. She added that an
application for a TELUS tower has been submitted and is on hold,
pending the outcome of this decision. The proposed TELUS tower is
NE of the Rogers tower, on the east side of Highway 36. The EIDNet
tower is between the Rogers and TELUS tower. She also added that,
in discussions with Industry Canada, the municipality has the right to
make requests when dealing with land issues, including how the tower
may affect agricultural land use. She indicated that MPC's options
include the following:provide concurrence for this site and suggest
that TELUS collocate with Rogers, or provide non-concurrence for this
site and suggest that Rogers pursue collocation with TELUS or
EIDNet.
ARRIVED AT MEETING
D. Zacher and C. Robinson returned at 11:17 a.m.
There was further discussion.
P50/14 COUNCILLOR C. AMULUNG MOVED that MPC APPROVE the SE 18-15-15 W4M
for the proposed Rogers telecommunications tower and direct staff to issue a Letter
of Concurrence from the County of Newell.
MOTION DEFEATED
10. POST AGENDA ITEMS
*;
There were no post agenda items.
11. IN CAMERA
There were no in camera items.
12. INFORMATION ITEMS
a) NRCB - LA 13007 Decision
b) Rogers Telecom Tower- SE 27-17-17 W4M
These items were for information only.
13. QUESTION PERIOD
14. ADJOURN
Being that the agenda matters have been concluded the meeting adjourned at 11:37 a. m.
Signed by the Chairman and Director of Corporate Services this . Day of
11vJL , 2014.
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Director of Co poratIM ices
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