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HomeMy WebLinkAbout2026-05-07 Municipal Planning Commission (Regular) MinutesCounty of Newell Meeting Minutes Municipal Planning Commission May 7, 2026 -10:00 AM The regular Municipal Planning Commission (MPC) Meeting of the County of Newell was held in the County Office at Brooks, AB and livestreamed to the public on Thursday, May 7th, 2026 commencing at 10:00 a.m. A notice was posted at the front entrance advising the public of the meeting. MEMBERS PRESENT: K. Christman, Councillor, MPC Chair A. Skanderup, Councillor, MPC Vice Chair A. Doerksen, Reeve L. Kopp, Councillor D. Baumgarten, Councillor N. Johnson, Councillor G. Skriver, Councillor B. Hofer. Councillor ABSENT: H. Johnson, Councillor STAFF: M. Fenske, Chief Administrative Officer M. Jackson, Planning and Development Supervisor S. Simpson, Development Officer E. Sinclair, Planning and Development Administrative Assistant C. Siakaluk, Communications Officer (Moderator) OTHERS IN ATTENDANCE: S. Stanway, Brooks Bulletin S. Burton Applicant (DP 2025096) L. Burton Applicant (DP 2025096) CALL TO ORDER The Chair called the meeting to order at 10:00 a.m. 2. EXCUSED FROM MEETING P-35/26 MOVED BY COUNCILLOR BENJAMIN HOFER that Councillor Holly Johnson be excused from the meeting. MOTION CARRIED 3. MINUTES 3.1 Minutes - Municipal Planning Commission (April 23, 2026) P-36/26 MOVED BY COUNCILLOR LYNETTE KOPP that the minutes of the April 23, 2026 Municipal Planning Commission meeting be adopted as presented. MOTION CARRIED 4. CALL FOR POST AGENDA ITEMS The Chair called for post agenda items. Municipal Planning Commission May 7, 2026 6. ADOPTION OF AGENDA P-37/26 MOVED BY COUNCILLOR DAN BAUMGARTEN that the agenda be adopted as presented. MOTION CARRIED 6. DEVELOPMENT REPORT (1st MEETING ONLY) The Development Officer was present to respond to questions from MPC. This item was accepted as information. 7. DEVELOPMENT PERMITS 7.1 DP 2026096 For an Agriculture (Intensive) operation including 18 greenhouses and the construction of Agriculture Building, specifically a shop. The Development Officer provided background information on this item and responded to questions from MPC. The applicant was present and explained that the shop was positioned to avoid semi -trucks needing access through the yard for deliveries. The builder advised them that permits were not required because the structure qualified as an agricultural building. The applicant stated they reviewed the Land Use Bylaw and believed the building was exempt from permitting requirements. The applicant acknowledged that while the required 28-metre setback had been measured, the overhang was not included in the measurement. They requested consideration for a setback exemption, noting the requested variance represented approximately 10-20% of the required setback. The applicant provided a timeline of events including obtaining crossing agreements, and the construction of the shop and greenhouses. They stated they believed they had approval through the crossing agreement process. The applicant further requested a refund of the Development Permit fee, stating they were initially told a permit was not required. MPC asked questions regarding agricultural buildings and how they are classified. The Manager of Planning & Development explained that the shop is classified as an agricultural building because it is used for storage of equipment and products and is not continuously occupied by workers or the public. However, the development required a Development Permit because: • it was constructed over a registered easement; and • it did not meet required setbacks from property lines. The Manager clarified that agricultural buildings are exempt from Development Permit requirements only when they comply with all district regulations, including Page 2 of 7 Municipal Planning Commission May 7, 2026 setback and height requirements. Because the development did not meet those standards, a permit was required. The Manager also confirmed that the proposed greenhouses are considered an intensive agricultural use and that staff had informed the applicant during a previous meeting, and in follow-up communication, that permits would be required for the greenhouses. MPC asked whether a crossing agreement had been issued to the applicant. The Manager confirmed that an approvals officer had sent the applicant a crossing agreement, which would have permitted a buried utility crossing at a specified location. However, the signed agreement returned by the applicant was never formally approved. The applicant stated they were never notified that the agreement had not been approved. MPC asked why the crossing agreement had been sent to the applicant and whether it applied in this case. The Manager responded that the agreement did not apply in this situation and stated they did not have the full history explaining why it had been issued. The applicant added that they had not requested the agreement but were advised by the approvals officer that one was required. P-38/26 MOVED BY COUNCILLOR ADENA SKANDERUP that the Municipal Planning Commission APPROVE Development Permit 2025096 for the operation of an Agriculture (Intensive) operation and construction of 18 greenhouses that are installed side by side and equal 15050 mz (162000 ft2) in size and a 553 m2 (5952 f:2) Agriculture Building with a variance to the setback from the road right-of-way and used for storage on lands NW 31-16-13-W4. That the service valve, hydrant and the water line is relocated to 5 m north of the south rroperty line starting 20 m east of the greenhouse. The applicant will enter into a Development Agreement with the County prior to work being completed. DP 2025096 is Approved for the following reasons: 1. The Development Authority is satisfied that the proposed development is suitable for the purpose for which it is intended under the Agriculture, General District (Schedule 2); Development Process, Section 3, General Regulations; and Section 4, Specific Uses and Activities. as specified in the County of Newell Land Use Bylaw 2016-21; provided all the development conditions are met. 2. The proposed development complies with the Municipal Development Plan. 3. Any comments or concerns from adjacent landowners and referral agencies should be received by May 1, 2026. Should no concerns be raised administration recommends approval. If approved, the following conditions should be considered: 1. This approval is effective as of May 27, 2026 (21-day appeal period). Page 3 of 7 Municipal Planning Commission May 7, 2026 8. 2. The development complies with provisions pertaining to the Agriculture, General District and all relevant sections, as outlined in the County of Newell Land Use Bylaw 2016-21; with the proposed conditions. 3. The development must be located as shown on the site plan approved with the application and submitted November 25, 2025. It must be built according to the description provided with this approval. Any changes shall require the written approval of the Development Authority. 4. That the proposed development complies with all Federal, Provincial and Municipal statutes, regulations, codes and standards. 5. That the following setbacks on all sides are maintained for this development: Side (north): as per Alberta Transportation Front (west): 23.5 m (77 ft); variance from 30 m (100 ft) Side (south): 6 m (20 ft) Rear (east): 6 m (20 ft) 6. That no structures be located on a right of way or easement on the parcel and any existing encroachments need to be rectified within 3 months of the date of this approval. 7. The applicant will enter into a Development Agreement with the County prior to work being completed. 8. Any additional development or intensification shall require prior approval of a separate permit application. MOTION CARRIED SUBDIVISIONS 8.1 Subdivision 2026-0-004 To subdivide a 2.504-hectare (6.19 acre) parcel from the NE 36-14-14W4M to separate the homestead from the farmland. The Planning & Development Supervisor provided background information and responded to questions from the MPC. MPC had questions regarding Condition 4, specifically concerning the road allowance and the proposed location of the road on the east side of the property, as well as whether the applicant could instead apply to have it located on the north side. The Planning & Development Supervisor explained that the referral only identified the east side as the location for the condition, and not the north side. The applicant will be required to enter into a development agreement that will outline the potential service road on the east side. If, in the future, there is interest in relocating the road to the north side, discussions would need to take place with Municipal Services and Alberta Transportation regarding potential opportunities at that time. Page 4 of 7 Municipal Planning Commission May 7, 2026 P-39/26 MOVED BY COUNCILLOR DAN BAUMGARTEN that the MPC approve, with conditions, the subdivision of a 2.504-hectare (6.19 acre) parcel from the NE 36-14- 14W4M for residential purposes, for the following reasons: 1. The proposed subdivision is consistent with the SSRP and complies with the County of Newell MDP, and the Land Use Bylaw. 2. The Subdivision Authority is satisfied that the proposed subdivision is suitable for the purpose for which the subdivision is intended pursuant to Section 7 of the Subdivision and Development Regulations. Conditions to be Considered: 1. That, pursuant to Section 654(1)(d) of the MGA, all outstanding property taxes shall be paid to the County of Newell. 2. That the applicant supplies copies of any utility right of way plans, easements, and/or agreements which are to be registered as a requirement for any affected utilities to the County prior to the subdivision's registration with Alberta Land Titles. 3. That, pursuant to Section 655(1)b of the MGA, the applicant enters into a Development Agreement with the County which shall be registered concurrently with the final plan against the title(s) being created. 4. That a 20-metre-wide service road be dedicated along the highway frontage. The service road shall be dedicated by plan for survey and clearly delineated on the final survey as "service road". The applicant will enter into a Development Agreement with the County for the construction of the service road to a suitable standard at such time that the service road is required. 5. That the Land Use Amendment Bylaw 2125-26 be approved by Council, changing the Land Use District from Agriculture, General District to Residential, Rural District, prior to the finalization of the subdivision. 6. That the applicant provide proof that the PSDS system meets the Alberta Safety Code Standard prior to the finalization of the subdivision. Reserve: Municipal Reserve is applicable as the proposed subdivision does not meet the provisions of section 663 of the MGA. Policy POL-010-23 applies. It is recommended that money in place of land be taken on the 2.504 hectares to be subdivided for an amount of $6510.40 (10% of 2.504-ha x $26,000/hectare) MOTION CARRIED 9. OTHER BUSINESS There were no other business items to discuss at this meeting. Page 5 of 7 Municipal Planning Commission May 7, 2026 10. POST AGENDA ITEMS There were no post agenda items to discuss at this meeting. 11. IN CAMERA P-40126 MOVED BY COUNCILLOR ARNO DOERKSEN that we move in camera at 10:41 a.m. to discuss the following matters: • DP 2025096 -Access to Information Act Section 29 MOTION CARRIED P-41/26 MOVED BY COUNCILLOR LYNETTE KOPP that we move out of camera at 11:02 a.m. MOTION CARRIED 12. INFORMATION ITEMS There were no information items to discuss at this meeting. 13. QUESTION PERIOD A question period was held. No County ratepayers were in attendance. The moderator indicated that there were no questions from the public. 14. ADJOURN Being that the agenda matters have been concluded, the meeting adjourned at 11:03 a.m. st Signed this V day of H &%4 2026 MPC Chair County Administrator Page 6 of 7