Loading...
2019-09-05 Municipal Planning Commission (Regular) MinutesCOUNTY OF NEWELL MUNICIPAL PLANNING COMMISSION MEETING September 5, 2019 The regular Municipal Planning Commission Meeting of the County of Newell was held in the County Office at Brooks, AB on Thursday, September 5, 2019 commencing at 10:00 a.m. MEMBERS PRESENT: M. Douglass, Reeve C. Amulung, Councillor, M.P.C. Chair A.M. Philipsen, Councillor, Vice M.P.C. Chair H. Kallen, Councillor W. Hammergren, Councillor T. Fyfe, Councillor K. Christman, Councillor B. de Jong, Councillor L. Juss, Councillor ABSENT: E. Unruh, Councillor STAFF: K. Stephenson, CAO L. Johnson, Director of Corporate Services G. Tiffin, Manager of Planning, Development & Engineering M. Jackson, Supervisor of Planning & Development S. Simpson, Development Clerk P. Elliott, Administrative Assistant, Planning & Development OTHERS IN S. Stanway, Brooks Bulletin ATTENDANCE: A. Klassen, Badger Daylighting DP 2019021 R. Grosfield, Applicant DP 2019021 R. Palsma, Ratepayer DP 2019021 R. Visser, Canalta Real Estate DP 2019051 M. Tompkins, Applicant DP 2019059 1. CALL TO ORDER The Chairman called the meeting to order at 10:00 a.m. 2. EXCUSED FROM MEETING P-61/19 MOVED BY COUNCILLOR ANNE MARIE PHILIPSEN that Councillor Ellen Unruh be excused from the meeting. MOTION CARRIED Municipal Planning Commission September 5, 2019 3. MINUTES 3.1 August 8, 2019 Meeting Minutes P-62/19 MOVED BY COUNCILLOR TRACY FYFE that the minutes of the August 8, 2019 Municipal Planning Commission meeting be adopted as presented. MOTION CARRIED ARRIVED AT MEETING M. Harbicht arrived at 10:05 a.m. 4. CALL FOR POST AGENDA ITEMS The Chairman called for post agenda items. 5. ADOPTION OF AGENDA P-63/19 MOVED BY COUNCILLOR LIONEL JUSS that the agenda be adopted as presented. MOTION CARRIED 6. DEVELOPMENT REPORT The Development Report was accepted as information. 7. SUBDIVISIONS 7.1 2019-0-102 - SW1/415-20-17 W4M, To create one new parcel approximately 29.24 acres (11.83 ha) in size, containing an existing residence, from a previously unsubdivided quarter section for residential use. The Supervisor of Planning and Development provided background information on the proposed subdivision application. MPC asked what the ideal parcel size was for the Small Holdings land use district in the Land Use Bylaw. The Supervisor of Planning & Development replied that the parcel size ranges from a minimum size of 3 acres to a maximum of 40 acres. The Supervisor of Planning & Development added that since the parcel has no EID water rights, it is not being irrigated. P-64/19 MOVED BY COUNCILLOR KELLY CHRISTMAN THAT the Country Residential subdivision of SW1/4 15-20-17-W4M (Certificate of Title No. 181 061 778+3) to create one new parcel approximately 29.24 acres (11.83 ha) in size, containing an existing residence, from a previously unsubdivided quarter section for residential use BE APPROVED subject to the following: Page 2 of 11 Municipal Planning Commission September 5, 2019 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. MOTION CARRIED 8. DEVELOPMENT PERMITS 8.1 DP 2019021 - SW 15-20-14 W4M, Operation of an Isolated Industrial business, specifically a Waste Management Storage Site. The Development Clerk provided background information on the proposed permit application. R. Palsma explained to MPC that his concem with the application was regarding the environmental impacts of the proposed development including contaminants leaching into the soil, dust control and air pollution. He commented that his main concern was his dairy operation, and the potential for his farm and cows to be exposed to contaminants that could affect the quality of milk produced. He also raised concerns with his ability to expand his confined feeding operation if there was an industrial operation neighbouring his property. A. Klassen explained that in the past hydro -vac slurry was dumped anywhere. Alberta Environment and Parks (AEP) requires any contaminated soil to be taken to an approved class 2 facility, the closest facility in the region is Tervita. A. Klassen also indicated that the only soil being hauled to the applicant's site will be uncontaminated hydro -vac slurry, with the water being removed at the site and the soil will be tested for contaminants so there should be little issues with dust control. He added that any soil that appeared to be contaminated would be taken to a class 2 facility. He added that the site has received approval and will be regulated by the AEP. A. Klassen indicated that the proposed site has been constructed to exceed the AEP requirements. R. Grosfield explained the proposed site is a low-lying area with very little topsoil. The location is not very productive farmland There was further discussion. The Supervisor of Planning & Development commented that the site is zoned agricultural and if the waste management site wanted to increase the size of the operation then rezoning would be required. She also 0Page 3 of 11 Municipal Planning Commission September 5, 2019 indicated that if there was a change in the operation, a new development permit would be required. T. Fyfe inquired if there would be an impact to the road. The Manager of Planning, Development and Engineering indicated that in his opinion, there would not be any issues. P-65/19 MOVED BY COUNCILLOR BRIAN DE JONG That the Municipal Planning Commission APPROVE Development Permit 2019021, for the operation of an Isolated Industrial business, specifically a Waste Management Storage Site, on lands legally described as SW 15-20-14 W4M. This development approval is subject to the conditions outlined below. DP 2019021 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. Conditions of Development Approval: a) This approval is effective as of September 26, 2019 (21-day appeal period). b) The development must be located as shown on the site plan approved with the application and submitted April 9, 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) The applicant must provide a copy of the Alberta Environment Approval prior to commencing the operation. d) The business is only for the storage and disposal of non -hazardous waste from hydro -vac operations. Product cannot be sold and reused until Alberta Environment Approval has been obtained and submitted to the County of Newell Planning and Development Department. e) Any additional development shall require prior approval of a separate permit application. f) The proposed development does not encroach on any Rights -of -Way or Easements on the parcel. g) The developer must start construction before September 26, 2020, in the event that this date cannot be met, the developer may be required to apply for a new permit. 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. Page 4 of 11 Municipal Planning Commission September 5, 2019 c) All Alberta Building Codes and Safety Codes, where applicable. MOTION CARRIED LEFT THE MEETING A. Klassen, R. Grosfield & R. Palsma left at 10:34 a.m. 8.2 DP 2019029 - SW 24-23-18 W4M, Natural Resource Extraction Operation Gravel Pit The Development Clerk provided background information on the proposed permit application. A.M. Philipsen commented that the location of the gravel pit operation looked very close to Crawling Valley and asked if the Eastem Irrigation District had responded. The Development Clerk replied that the EID had not sent in a response. M. Douglass inquired if this gravel pit operation was different from other operations in the County. The Manager of Planning, Development & Engineering indicated that with this operation the applicant is working closely with the County. There was concern expressed regarding the size of the operation and if it would become larger. The Manager of Planning, Development & Engineering replied that the gravel pit is limited to the size applied for and will be monitored by AEP. He added that the Colony is working with consultants to bring all of their pits up to current standards. P-66/19 MOVED BY REEVE MOLLY DOUGLASS That the Municipal Planning Commission APPROVE Development Permit 2019029, for the Natural Resource Extraction Operation on lands legally described as SW 24-23-18 W4M. This development approval is subject to the conditions outlined below. DP 2019029 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. Conditions of Development Approval: a) This approval is effective as of September 26, 2019 (21-day appeal period). b) The development must be located as shown on the site plan approved with the application and submitted July 18, 2019. It must be built according to the Page 5 of 11 Municipal Planning Commission September 5, 2019 description provided with this approval. Any changes shall require the written approval of the Development Authority. c) The applicant must obtain an access easement from the parcels to the west for access to the pit. This easement must be registered on the title. d) Any additional development shall require prior approval of a separate permit application. e) The developer must start construction before September 26, 2020, in the event that this date cannot be met, the developer may be required to apply for a new permit. 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 8.3 DP 2019051 - SE 8-19-14 W4M, Commercial Development - Phase 1 of 4 The Development Clerk provided background information on the proposed permit application. B. de Jong asked for further clarification on how the widening of 15th Avenue West will be handled. The Manager of Planning, Development & Engineering explained that in discussion with the City of Brooks, it was decided that an additional lane would not be necessary, but that it would be pertinent to carry the turn lane onto 2nd Street West. The Manager of Planning, Development & Engineering indicated that the road widening was an agreement made between the City of Brooks and the County of Newell with the costs being shared by the municipalities, not the applicant. He added that the 1DP committee requested the condition for landscaping. There was further discussion regarding water drainage, updated road plans. The Development Clerk confirmed with MPC that the condition for landscaping be added. P-67/19 MOVED BY COUNCILLOR WAYNE HAMMERGREN That the Municipal Planning Commission APPROVE Development Permit 2019051 for the construction of a 4020 ft2 (373 m2) building, 1500 ft2 (139 m2) to be used as a drive in restaurant and a 2520 ft2 (234 m2) convenience store with a gas bar, on lands legally described as SE 8-19-14 W4M. This development approval is subject to the conditions outlined below with the addition of condition t). Page 6 of 11 Municipal Planning Commission September 5, 2019 DP 2019051 is Approved 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 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 September 26, 2019 (21-day appeal period). b) The development must be located as shown on the site plan approved with the application and submitted July 5, 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) Contact Alberta One Call at 1-800-242-3447 prior to the excavation to locate buried utilities. e) That the applicants obtain an approved Alberta Transportation permit prior to construction. f) That the traffic lights installed east of the development on Highway 873 be in full operation prior to the operation of the businesses. g) That the applicants enter into a Development Agreement with the County of Newell for water, sewer and site access requirements. Potable water and sanitary collection services provided through the City of Brooks. h) The property owner/developer is to repair or reinstate or pay for the repair or reinstatement to original condition of any County or City owned infrastructure. i) The application provides garbage collection facilities to the satisfaction of the Manager of Planning, Development and Engineering. j) The paved areas onsite and the driveway accesses shall be constructed to the satisfaction of the County of Newell Planning, Development and Engineering Services. k) The applicant will provide security in the form of cash or letter of credit acceptable to the Development Officer prior to commencing construction. 1) That the applicants submit a storm water management plan to be approved by the County of Newell, City of Brooks and Alberta Environment prior to construction. m) This permit is valid for a drive-in restaurant, gas station and convenience store. Any other use will require a separate permit. n) That the sign shall not exceed 269 ft2 (25 m2) in size. o) The applicant shall meet the requirements of The Petroleum Tank Management Association of Alberta (PTMAA). All requirements must be Page 7 of 11 Municipal Planning Commission September 5, 2019 submitted to the Development Authority prior to commencing new construction. p) The installation of the fuel tanks shall be in accordance with the Fire Protection Act and Alberta Environment Risk Management Guidelines for Petroleum Storage Tanks. q) Must follow guidelines and obtain approvals set by Alberta Health Services for food establishments. r) That the following setbacks on all sides are maintained for this development: Front (south): 50 ft (15.2 m) Side (east): 47 ft (14 m) Rear (north): 25 ft (7.6 m) Side (west): 100 ft (30 m) s) The developer must start construction before September 26, 2020. In the event that this date cannot be met, the developer may be required to apply for a new permit. t) The applicant is required to provide a landscaping plan to the satisfaction of the Planning and Development Department. The landscaping and paved parking area must be completed as approved within 9 months of occupancy of the building and the landscaping must be maintained for the life of the project, including the replacement of any plant material that dies. The proposed development must comply with: a) The provisions pertaining to the Rural Business 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 LEFT THE MEETING R. Visser & G. Tiffin left at 10:47 a.m. 8.4 DP 2019059 - Lot 8-9, Block 7, Plan 4945FW, Rolling Hills, Addition of a shipping container and an ATCO trailer to be used as a security suite to an existing intensive horticultural operation The Development Clerk provided background information on the proposed permit application. T. Fyfe inquired about how often the security suite would be used. The applicant said it will be used whenever he is on site but will be shut down during the winter months. P-68/19 MOVED BY COUNCILLOR BRIAN DE JONG That the Municipal Planning Commission APPROVE Development Permit 2019059 for the addition of a 331 Page 8 of 11 Municipal Planning Commission September 5, 2019 ft2 (30.8 m2) shipping container and a 332 ft2 (30.8 m2) ATCO trailer to be used as a security suite with a 229 ft2 (21.3 m2) addition to the existing intensive horticultural operation, on lands legally described as Lot 8-9, Block 7, Plan 4945FW, Hamlet of Rolling Hills. This development approval is subject to the conditions outlined below. DP 2019059 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 Business 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 September 26, 2019 (21-day appeal period). b) The development must be located as shown on the site plan approved with the application and submitted August 1, 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 developer submit a $2500.00 security deposit, as the minimum required amount under Schedule 4 Section 22.4 of the County Land Use Bylaw 1-17 to ensure the following conditions of development are met: i. proper installation of the building on a foundation or piles; skirting installed; no damage to curbs or County road ii. other conditions, as required. Once the development has passed inspection by the County Safety Codes Officer (SCO), the security deposit will be refunded. e) That the shipping containers must be kept cleaned and painted regularly. f) All refuse and garbage shall be kept in suitable container and effectively screened from public view. g) That the following setbacks on all sides are maintained for this development: Front (north): 25 ft (7.6 m) as per Alberta Transportation Side (east & west): 5 ft (1.5 m) Rear (south): 20 ft (6.1 m) h) That the developer must start construction before September 26, 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 Business District and all relevant schedules, as outlined in the County of Newell Land Use Bylaw 1892-1. Page 9 of 11 (R Municipal Planning Commission September 5, 2019 b) All Federal, Provincial and Municipal statutes, regulations, codes and standards. c) All Alberta Building Codes and Safety Codes, where applicable. MOTION CARRIED LEFT THE MEETING M. Harbicht left at 10:50 a.m. 8.5 DP 2019062 - Lot 34, Block 4, Plan 9912447, Rolling Hills, Approval of an existing attached garage, construction of a deck with a variance to setback for residential use The Development Clerk provided background information on the proposed permit application. There were no questions from MPC. P-69/19 MOVED BY COUNCILLOR ANNE MARIE PHILIPSEN That the Municipal Planning Commission APPROVE Development Permit 2019062 for the approval of an existing 624 ft2 (58 m2) attached garage and construction of a 384 ftZ (36 m2) deck with a variance to setback on lands legally described as Lot 34, Block 4, Plan 9912447, Hamlet of Rolling Hills. This development approval is subject to the conditions outlined below. DP 2019062 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 September 26, 2019 (21-day appeal period). b) The development must be located as shown on the site plan approved with the application and submitted August 9, 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 the following setbacks on all sides are maintained for this development: Front (south): 20 ft (6 m) Page 10 of 11 Municipal Planning Commission September 5, 2019 Side (east & west): 5 ft (1.5 m) Rear (north): 8 ft (2.4 m) f) That the developer must start construction before September 26, 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. c) All Alberta Building Codes and Safety Codes, where applicable. MOTION CARRIED 9. POST AGENDA ITEMS There were no post agenda items. 10. IN CAMERA There were no in camera items. 11. QUESTION PERIOD 12. INFORMATION ITEMS 12.1 LA19027 Hutterian Brethren of Spring View - Notice of Decision This item was accepted as information. 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 2019. Page 11 of 11