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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. ,r, 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 CO 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. v� 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 C 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. Iii 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 CO 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. %AM" Director of Co poratIM ices C