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2019-04-25 Municipal Planning Commission (Regular) MinutesCOUNTY OF NEWELL MUNICIPAL PLANNING COMMISSION MEETING April 25, 2019 The regular Municipal Planning Commission Meeting of the County of Newell was held in the County Office at Brooks, AB on Thursday, April 25, 2019 commencing at 10:00 a.m. MEMBERS PRESENT: M. Douglass, Reeve C. Amulung, Councillor, M.P.C. Chair H. Kallen, Councillor W. Hammergren, Councillor T. Fyfe, Councillor K. Christman, Councillor E. Unruh, Councillor B. de Jong, Councillor L. Juss, Councillor ABSENT: A.M. Philipsen, Councillor, Vice M.P.C. Chair STAFF: K. Stephenson, CAO L. Johnson, Director of Corporate Services D. Horvath, County Planner, ORRSC A. Wickert, Manager of Planning & Development S. Simpson, Development Clerk E. Graham, ORRSC A. Nielsen, Executive Assistant OTHERS IN S. Stanway, Brooks Bulletin ATTENDANCE: P. Dore, Ratepayer K. Holt, Applicant - DP2019013 R. Fukuda, Applicant - DP2019017 1. CALL TO ORDER The Chairman called the meeting to order at 10:00 a.m. 2. EXCUSED FROM MEETING P-21/19 MOVED BY COUNCILLOR KELLY CHRISTMAN that Councillor A.M. Philipsen be excused from the meeting. MOTION CARRIED 3. MINUTES 3.1 April 11, 2019 Meeting Minutes P-22119 MOVED BY COUNCILLOR MOLLY DOUGLASS that the minutes of the April 11, 2019 l Municipal Planning Commission meeting be adopted as presented. � l MOTION CARRIED Municipal Planning Commission April 25, 2019 4. CALL FOR POST AGENDA ITEMS The Chairman called for post agenda items. 5. ADOPTION OF AGENDA P-23/19 MOVED BY COUNCILLOR HUBY KALLEN that the agenda be adopted as presented. MOTION CARRIED 6. SUBDIVISIONS 6.1 2019-0-046 - Parcel A, Plan 4237FD & SW 1/4 3-17-13-W4M, To reconfigure 2 existing titles by subdividing a 1.9 acre (0.77 ha) portion of SW 1/4 3-17-13-W4M and consolidating the land to the adjacent parcel, Parcel A, Plan 4237FD, to adjust the northern property line to accommodate a pivot. The County Planner provided background information on the proposed subdivision application. MPC was given the opportunity to ask questions. P-24/19 MOVED BY COUNCILLOR WAYNE HAMMERGREN THAT the Agricultural subdivision of Parcel A, Plan 4237FD & SW 1/4 3-17-13-W4M (Certificate of Title No. 011 017 067 +1, 011 005 206 +1) to reconfigure 2 existing titles by subdividing a 1.9 acre (0.77 ha) portion of SW 1/4 3-17-13-W4M and consolidating the land to the adjacent parcel, Parcel A, Plan 4237FD to adjust the northern property line to accommodate a pivot BE APPROVED subject to the following: CONDITIONS: 1. That, pursuant to Section 654(1)(d) of the Municipal Government Act, all outstanding property taxes shall be paid to the County of Newell. 2. That the subdivided portion of SW 1/4 3-17-13-W4M be consolidated with the adjacent parcel legally known as Parcel A, Plan 4237FD in a manner such that the resulting Certificate of Title could not be subdivided without the approval of the Subdivision Authority. MOTION CARRIED 6.2 2019-0-047 - NE 1/4 29-20-17-W4M, To create one new parcel which has been fragmented by an EID canal right of way (Plan 16521-K) by subdividing a 66.96 acre (27.10 ha) portion from the quarter section The County Planner provided background information on the proposed subdivision application. ARRIVED AT MEETING R. Fukuda arrived at 10:09 a.m. The County Planner provided an overview of the comments received from Alberta Transportation and Alberta Environment & Parks. MPC was given the opportunity to ask questions. The County Planner responded to questions from MPC,-� indicating that the proposed subdivision meets Planning & Development policy N, Page 2 of 11 Municipal Planning Commission April 25, 2019 requirements. She added that consolidation is not typically required for parcels of viable agricultural land on separate quarter sections. 425/19 MOVED BY COUNCILLOR KELLY CHRISTMAN THAT the Agricultural subdivision of NE 1/4 29-20-17-W4M (Certificate of Title No. 991 141 306 +11) to create one new parcel which has been fragmented by an EID canal right of way (Plan 1652LK) by subdividing a 66.96 acre (27.10 ha) portion from the quarter section; BE APPROVED subject to the following: CONDITIONS: 1. That, pursuant to Section 654(1)(d) of the Municipal Government Act, all outstanding property taxes shall be paid to the County of Newell. 2. That, pursuant to Section 655(1)(b) of the Municipal Government Act, 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. That any conditions of Pioneer Gas be satisfied prior to finalization. MOTION CARRIED 6.3 2019-0-048 - NW 1/4 28-20-17-W4M, To create one new parcel which has been fragmented by an EID canal right of way (Plan 1652LK and Plan IRR756CO) by subdividing a 32.00 acre (12.95 ha) portion from the quarter section CThe County Planner provided background information on the proposed subdivision application, requesting a waiver of Subdivision policy 14.6(c) in the Agricultural Land Use District due to the location of the existing feedlot and surrounding lands. MPC was given the opportunity to ask questions. P-26/19 MOVED BY COUNCILLOR HUBY KALLEN THAT the Agricultural subdivision of NW 1/4 28-20-17-W4M (Certificate of Title No. 991 141 306 +10), to create one new parcel which has been fragmented by an EID canal right of way (Plan 1652LK and Plan IRR756CO) by subdividing a 32.00 acre (12.95 ha) portion from the quarter section BE APPROVED subject to the following: CONDITIONS: 1. That, pursuant to Section 654(1)(d) of the Municipal Government Act, all outstanding property taxes shall be paid to the County of Newell. 2. That, pursuant to Section 655(1)(b) of the Municipal Government Act, 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. That the applicant submit to the Subdivision Authority a copy of a sketch from an Alberta Land Surveyor that certifies the location and dimensions to property of the existing buildings, septic tank and field, water source and the exact dimensions of the lot to be subdivided. l 4. That an easement or series of easements for physical access to the new parcel, as well as the residual parcel, via the existing Highway 1 access (both north and south of the Highway 1) shall be provided before final approval of the subdivision to be Page 3 of 11 a� Municipal Planning Commission April 25, 2019 registered concurrently with the final plan. A copy of the signed easement agreement(s) is required by the Subdivision Authority. 5. That the easement(s) as required by TELUS shall be established prior to finalization of the application and are to be registered simultaneously with the legal plan of the subdivision. 6. That any conditions of Pioneer Gas be satisfied prior to finalization. MOTION CARRIED 6.4 2019-0-049 - N 1/2 28-20-17-W4M, To subdivide and consolidate two existing titles fragmented by Highway 1 and the EID Canal (Plan IRR756CO) to create three titles The County Planner provided background information on the proposed subdivision application, requesting a waiver of Subdivision policy 14.6(c) in the Agricultural Land Use District due to the location of the existing feedlot and surrounding lands. MPC was given the opportunity to ask questions. The County Planner responded to questions regarding the structure on the property, indicating that a survey sketch will be required to show the exact location of this structure in relation to property boundaries. P-27/19 MOVED BY COUNCILLOR WAYNE HAMMERGREN THAT the Agricultural subdivision of N 1/2 28-20-17-W4M (Certificate of Title No. 991 141 603 +10), to subdivide and consolidate two existing titles fragmented by Highway 1 and the EID Canal (Plan IRR756CO) to create three titles; BE APPROVED subject to the following: CONDITIONS: 1. That, pursuant to Section 654(1)(d) of the Municipal Government Act, all outstanding property taxes shall be paid to the County of Newell. 2. That, pursuant to Section 655(1)(b) of the Municipal Government Act, 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. That the easement(s) as required by TELUS shall be established prior to finalization of the application and are to be registered simultaneously with the legal plan of the subdivision. 4. That any conditions of Pioneer Gas be satisfied prior to finalization. 5. That the applicant submit to the Subdivision Authority a copy of a sketch from an Alberta Land Surveyor that certifies the location and dimensions to property of the existing buildings, septic tank and field, water source, and the exact dimensions of the lot to be subdivided. 6. That the 3.36 acre (1.36 ha) subdivided portion of NW 1/4 28-20-17-W4M be consolidated with the adjacent 72.18 acre (29.21 ha) subdivided parcel of the NE 1/4 2&20-17-W4M, all located north of Highway 1, in a manner such that the resulting Certificate of Title could not be subdivided without the approval of the Subdivision Authority. r Page 4 of 11 Municipal Planning Commission April 25, 2019 7. That an easement or series of easements for physical access to the new parcel, as well as the residual parcel, via the existing Highway 1 access (both north and south of the Highway 1) shall be provided before final approval of the subdivision to be registered concurrently with the final plan. A copy of the signed easement agreement(s) is required by the Subdivision Authority. X. MOTION CARRIED 6.5 2019-0-050 - NE 1/4 21-20-17-W4M & SE 1/4 28-20-17-W4M, To create one new parcel from two existing quarter sections which have been fragmented by an EID canal right of way (Plan IRR749CO) The County Planner provided background information on the proposed subdivision application. MPC was given the opportunity to ask questions. The County Planner responded to questions regarding access, indicating that a subdivision intended solely for agricultural purposes does not typically include road construction. A change in land use to a residential district would trigger the requirement to build an access road. P-28/19 MOVED BY COUNCILLOR KELLY CHRISTMAN THAT the Agricultural subdivision of NE 1/4 21-20-17-W4M & SE 1/4 28-20-17-W4M (Certificate of Title No. 991 141 306 +10, 991 141 306 +18) to create one new parcel from two existing quarter sections which have been fragmented by an EID canal right of way (Plan IRR749CO) BE APPROVED subject to the following: CONDITIONS: 1. That, pursuant to Section 654(1)(d) of the Municipal Government Act, all outstanding Q� property taxes shall be paid to the County of Newell. 2. That, pursuant to Section 655(1)(b) of the Municipal Government Act, 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. That any conditions of Pioneer Gas be satisfied prior to finalization. 4. That the applicant submit to the Subdivision Authority a copy of a sketch from an Alberta Land Surveyor that certifies the location and dimensions to property of the existing buildings, septic tank and field, water source, and the exact dimensions of the lot to be subdivided. 5. That the 0.56 acre (0.23 ha) subdivided portion of NE 1/4 21-20-17-W4M be consolidated with the adjacent 41.42 acre (16.76 ha) subdivided parcel of the SE 1/4 28-20-17 in a manner such that the resulting Certificate of Title could not be subdivided without the approval of the Subdivision Authority. 6. That an easement or series of easements for physical access to the new parcel, as well as the residual parcel, via the existing Highway 1 access (both north and south of the Highway 1) shall be provided before final approval of the subdivision to be registered concurrently with the final plan. A copy of the signed easement agreement(s) is required by the Subdivision Authority. MOTION CARRIED Page 5 of 11 Municipal Planning Commission April 25, 2019 6.6 2019-0-051 - W 1/2 22-20-17-W4M, To create one new parcel from two existing quarter sections which have been fragmented by an EID canal right of way (Plan IRR749CO) The County Planner provided background information on the proposed subdivision application. MPC was given the opportunity to ask questions. The County Planner responded to questions regarding the road allowances that have pivots on them; these road allowances are currently undergoing the road closure process. P-29/19 MOVED BY COUNCILLOR TRACY FYFE THAT the Agricultural subdivision of W 1/2 22-20-17-W4M (Certificate of Title No. 991 141 306 +20), to create one new parcel from two existing quarter sections which have been fragmented by an EID canal right of way (Plan IRR749CO) BE APPROVED subject to the following: CONDITIONS: 1. That, pursuant to Section 654(1)(d) of the Municipal Government Act, all outstanding property taxes shall be paid to the County of Newell. 2. That, pursuant to Section 655(1)(b) of the Municipal Government Act, 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. That any conditions of Pioneer Gas be satisfied prior to finalization. 4. That the 7.77 acre (3.15 ha) subdivided portion of SW 1/4 22-20-17-W4M be consolidated with the adjacent 125.49 acre (50.78 ha) subdivided parcel of the NW 1/4 22-20-17-W4M in a manner such that the resulting Certificate of Title could not be subdivided without the approval of the Subdivision Authority. 5. That an easement or series of easements for physical access to the new parcel, as well as the residual parcel, via the existing Highway 1 access (both north and south of the Highway 1) shall be provided before final approval of the subdivision to be registered concurrently with the final plan. A copy of the signed easement agreement(s) is required by the Subdivision Authority. MOTION CARRIED 6.7 2019-0-052 - SE 1/4 22-20-17-W4M, To create one new parcel which has been fragmented by an EID canal right of way (Plan IRR749CO) by subdividing a 70.12 acre (28.38 ha) portion from the quarter section The County Planner provided background information on the proposed subdivision application. MPC was given the opportunity to ask questions. P-30/19 MOVED BY REEVE MOLLY DOUGLASS THAT the Agricultural subdivision of SE 1/4 22-20-17-W4M (Certificate of Title No. 991 141 306 +10), to create one new parcel which has been fragmented by an EID canal right of way (Plan IRR749CO) by subdividing a 70.12 acre (28.38 ha) portion from the quarter section BE APPROVED subject to the following: CONDITIONS: 1. That, pursuant to Section 654(1)(d) of the Municipal Government Act, all outstanding property taxes shall be paid to the County of Newell. i Page 6 of 11 Municipal Planning Commission April 25, 2019 2. That, pursuant to Section 655(1)(b) of the Municipal Government Act, 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. That any conditions of Pioneer Gas be satisfied prior to finalization. MOTION CARRIED The County Planner responded to questions from Council regarding subdivision applications 2019-0-047 through 2019-0-052 as a whole. 7. DEVELOPMENT PERMITS 7.1 DP 2019013 - Lot 12, Block 3, Plan 8210258, Rolling Hills, Construction of a detached garage with variance to size and height The Development Clerk provided background information on the proposed permit application. The applicant responded to questions from MPC, indicating that the loft portion of the building will be used for starting plants for her garden. P-31/19 MOVED BY COUNCILLOR LIONEL JUSS That the Municipal Planning Commission APPROVE Development Permit 2019013 for the construction of a 754 ft2 (70 m2) detached garage with a variance to the size and height on lands legally described as Lot 12, Block 3, Plan 8210258, Hamlet of Rolling Hills. This development approval is subject 1 to the conditions outlined below. DP 2019013 is Approved 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 Hamlet Residential District (Schedule 2) as specified in the County of Newell Land Use Bylaw 1892-17. 3. No objections have been received from adjacent landowners or referral agencies with respect to the proposed development. Conditions of Development Approval a. This approval is effective as of May 16, 2019 (21-day appeal period). b. The development must be located as shown on the site plan approved with the application and submitted March 14, 2019. It must be built according to the description provided with this approval. Any changes shall require the written approval of the Development Authority. c. Any additional development shall require prior approval of a separate permit application. d. That there is a 10 ft (3 m) separation distance between the new building and any other buildings or structures on the parcel. Page 7 of 11 Municipal Planning Commission April 25, 2019 e. That any dwelling/structure is located a minimum distance of 3 m (10 ft) from any right of way or easement on the parcel. f. That the proposed garage is not used for living purposes. g. That the property is not used for conducting a business or commercial operation without first obtaining the required permits. h. That the proposed detached garage is no larger than 754 ft2 (70 m2) and 23 ft (7m) in height. That the following setbacks on all sides are maintained for this development: Side (north & south): 5 ft (1.5 m) Rear (west): 5 ft (1.5 m) j. That the developer must start construction before May 16, 2020. 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. The proposed development must comply with: a. The provisions pertaining to the Hamlet Residential District and all relevant schedules, as outlined in the County of Newell Land Use Bylaw 1892-17. b. All Federal, Provincial and Municipal statutes, regulations, codes and standards. All Alberta Building Codes and Safety Codes, where applicable. MOTION CARRIED 7.2 DP 2019014 - Lot 2, Block 1, Plan 1411232, SE 28-23-18 W4M, Construction of a replacement school The Development Clerk provided background information on the proposed permit application. The Development Clerk responded to questions from MPC, indicating that the school building is owned by the Colony, not the school division. P-32/19 MOVED BY COUNCILLOR ELLEN UNRUH That the Municipal Planning Commission APPROVE Development Permit 2019014, for the construction of a new 11550 ft2 (1073 m2) school to replace the existing school on the site, on lands legally described as Lot 2, Block 1, Plan 1411232, SE 28-23-18-W4M. This development approval is subject to the conditions outlined below. DP 2019014 is Approved 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 1892-17. 3. No objections have been received from adjacent landowners or referral agencies with respect to the proposed development. 1 Page 8 of 11 Municipal Planning Commission April 25, 2019 Conditions of Development Approval: a. This approval is effective as of May 16, 2019 (21-day appeal period). b. The development must be located as shown on the site plan approved with the application and submitted March 19, 2019. It must be built according to the description provided with this approval. Any changes shall require the written approval of the Development Authority. c. Any additional development shall require prior approval of a separate permit application. d. That the property is not used for conducting a business or commercial operation without first obtaining the required permits. e. That there is a 10 ft (3 m) separation distance between the new dwelling and any other buildings or structures on the site. f. That any dwelling/structure is located a minimum distance of 100 m (328 ft) from any gas or oil well site, operating or abandoned, on or adjacent to the property. g. The developer must start construction before May 16, 2020. In the event that this date cannot be met, the developer may be required to apply for a new permit. h. That the following setbacks on all sides are maintained for this development: Front (west): 100 ft (30 m) Side (south): 100 ft (30 m) Rear (east): 100 ft (30 m) Side (north): 25 ft (7.6 m) The proposed development must comply with: a. The provisions pertaining to the Agriculture District and all relevant schedules, as outlined in the County of Newell Land Use Bylaw 1892-17. b. All Federal, Provincial and Municipal statutes, regulations, codes and standards. c. All Alberta Building Codes and Safety Codes, where applicable. MOTION CARRIED 7.3 DP 2019017 - Lot 1, Block 1, Plan 1711105, SE 27-20-12-W4M, Installation of a moved in dwelling, attached garage and deck The Development Clerk provided background information on the proposed permit application. The applicant was present to respond to questions. P-33/19 MOVED BY COUNCILLOR TRACY FYFE That the Municipal Planning Commission APPROVE Development Permit 2019017, for the installation of a 1140 ft2 (106 m2) moved in dwelling, 576 ft2 (54 m2) attached garage and 100 ft2 (9.3 m2) deck on lands legally described as Lot 1, Blk 1, Plan 1711105, SE 27-20-12-W4M. This development approval is subject to the conditions outlined below. 1 DP 2019017 is Approved for the following reasons: J 1. The proposed development complies with the Municipal Development Plan. e� Page 9 of 11 Municipal Planning Commission April 25, 2019 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 1892-17. 3. No objections have been received from adjacent landowners or referral agencies with respect to the proposed development. Conditions of Development Approval: a. This approval is effective as of May 16, 2019 (21-day appeal period). b. The development must be located as shown on the site plan approved with the application and submitted March 25, 2019. It must be built according to the description provided with this approval. Any changes shall require the written approval of the Development Authority. c. Any additional development shall require prior approval of a separate permit application. d. That the property is not used for conducting a business or commercial operation without first obtaining the required permits. e. That there is a 10 ft (3 m) separation distance between the new dwelling and any other buildings or structures on the site. f. That the developer shall provide a $5000.00 security deposit, as the minimum required amount under County Land Use Bylaw 1892-17. Once the development has passed inspection by the County Safety Codes Officer (SCO), the security deposit will be refunded. g. The developer must start construction before May 16, 2020. In the event that this date cannot be met, the developer may be required to apply for a new permit. h. That the following setbacks on all sides are maintained for this development: Front (south): 100 ft (30 m) Side (east & west): 25 ft (7.6 m) Rear (north): 25 ft (7.6 m) The proposed development must comply with: a. The provisions pertaining to the Agriculture District and all relevant schedules, as outlined in the County of Newell Land Use Bylaw 1892-17. b. All Federal, Provincial and Municipal statutes, regulations, codes and standards. c. All Alberta Building Codes and Safety Codes, where applicable. MOTION CARRIED 0 Page 10 of 11 Municipal Planning Commission April 25, 2019 LEFT THE MEETING R. Fukuda left the meeting at 10:51 a.m. 8. OTHER BUSINESS There was no other business to discuss at this meeting. 9. POST AGENDA ITEMS There were no post agenda items. 10. IN CAMERA There were no in camera items. 11. INFORMATION ITEMS There were no information items. 12. QUESTION PERIOD A question period was held. 13. ADJOURN Being that the agenda matters have been concluded the meeting adjourned at 10:51 a.m. Signed by the Chairman and Director of Corporate Services this Day of Pf-- 12019. Page 11 of 11