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Home My WebLink About2020-06-11 Municipal Planning Commission (Regular) MinutesP-36120 COUNTY OF NEWELL MUNICIPAL PLANNING COMMISSION MEETING June 11, 2020 The regular Municipal Planning Commission Meeting of the County of Newell was held in the County Office at Brooks, AB on Thursday, June 11, 2020 commencing at 10:02 a.m. The Chief Administrative Ofl•icer, being the Designated Officer for the County of Newell, attended at the County Council Chambers to allow members of the public to watch the livestream meeting proceedings. There were two members of the public physically in attendance. MEMBERS PRESENT: M. Douglass, Reeve C. Amulung, Councillor, M.P.C. Chair T. Fyfe, Councillor, Vice M.P.C. Chair A.M. Philipsen, Councillor H. Kallen, Councillor W. Hammergren, Councillor K. Christman, Councillor E. Unruh, Councillor B. de Jong, Councillor L. Juss, Councillor STAFF: K. Stephenson, CAO L. Johnson, Director of Corporate Services L. Kuiper, Planner, ORRSC M. Jackson, Supervisor of Planning & Development S. Simpson, Development Clerk P. Elliott, Administrative Assistant, Planning & Development T. Green, Moderator OTHERS IN R. Strach, Adjacent Landowner DP 2020014 ATTENDANCE: E. Strach, Adjacent Landowner DP 2020014 1. CALL TO ORDER The Chairman called the meeting to order at 10:02 a.m. 2. EXCUSED FROM MEETING All members were present. MINUTES 3.1 May 7, 2020 Meeting Minutes MOVED BY COUNCILLOR KELLY CHRISTMAN that the minutes of the May 7, 2020 Municipal Planning Commission meeting be adopted as presented. 4. CALL FOR POST AGENDA ITEMS The Chairman called for post agenda items. VON MOTION CARRIED Municipal Planning Commission June 11, 2020 5. ADOPTION OF AGENDA P-37/20 MOVED BY COUNCILLOR ANNE MARIE PHILIPSEN that the agenda be adopted as presented. 6. DEVELOPMENT REPORT The Development Clerk was available to respond to questions. This item was accepted as information. 7. SUBDIVISIONS 7.1 2020-0-051 - Plan RW219, Railway Right of Way in the NW11415-17-16-W4M, To subdivide portions of a closed railway plan (RW219) and consolidate to two adjacent parcels to create two new parcels approximately 30.12 acres (12.16 ha) and 111.43 acres (45.10 ha) in size The County Planner provided background information on the proposed subdivision application. There were no questions. P-38120 MOVED BY REEVE MOLLY DOUGLASS THAT the Agricultural subdivision of Plan RW219, Railway Right of Way in the NW1/4 15-17-16-W4M (Certificate of Title No. 071 384 809, 061 183 814 +1, 061 131 347 +3), to subdivide portions of a closed railway plan (RW219) and consolidate to two adjacent parcels to create two new parcels approximately 30.12 acres (12.16 ha) and 111.43 acres (45.10 ha) in size 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 legal access to the northern parcel shall be established prior to final approval of the subdivision. A copy of a signed easement agreement is required by the Subdivision Authority. 4. That the 1.95 acre portion of Plan RW219 (Certificate of Title 071 384 809) be consolidated with the 28.17 acre northern parcel in the NW % 15-17-16-W4M (Certificate of Title 061 131 347 003) in a manner such that the resulting Certificate of Title could not be subdivided without the approval of the Subdivision Authority. 5. That the 4.24 acre portion of Plan RW219 (Certificate of Title 071 384 809) be consolidated with an 83.89 acre portion of Certificate of Title 061 183 814 001 in the NW % 15-17-16-W4M and a 23.30 acre portion of Certificate of Title 061 183 814 in the NW % 15-17-16-W4M to create a 111.43 acre parcel in a manner such that the resulting Certificate of Title could not be subdivided without the approval of the Subdivision Authority. MOTION CARRIED 8. DEVELOPMENT PERMITS 8.1 DP 2020014 - NW & SE 3-19-14 W4M & Lot 4, Block 4, Plan 1810977, Construction and operation of a solar array facility for industrial use The Development Clerk provided background information on the proposed development permit application. Page 2 of 4 Municipal Planning Commission June 11, 2020 The adjacent landowner Mr. Strach reiterated to MPC his reasons why MPC should refuse the development as detailed in the letter he submitted. MPC was given the opportunity to ask questions. P-39/20 MOVED BY COUNCILLOR BRIAN DE JONG That the Municipal Planning Commission APPROVE Development Permit 2020014 for the construction and operation of a Solar Array Facility, on lands legally described as NW & SE 3-19-14 W4M. This development approval is subject to the conditions outlined below. DP 2020014 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 Industrial District (Schedule 2) and Standards of Development (Schedule 4) as specified in the County of Newell Land Use Bylaw #1892-17. Conditions of Development Approval: a) This approval is effective as of July 2, 2020 (21-day appeal period). b) The development must be located as shown on the site plan approved with the application and submitted May 7, 2020. 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 applicant submit a storm water management plan to the County of Newell Municipal Services for review prior to construction. e) That the applicant enter into a Road Use Agreement with the County of Newell for dust control. f) That the applicant submit an Emergency Response Plan in accordance with Industry standards prior to construction. g) That the applicant maintain a 10 ft (3 m) setback from all rights -of -way with the exception of those that have been granted a variance from the Municipal Planning Commission. h) That the applicants replace, reclaim and reseed displaced soil when construction is complete. i) That the temporary buildings are not used for living purposes. j) That the following setbacks on all sides are maintained for this development: 1. NW 3-19-14 W4M North: 100 ft (30 m) West: 100 ft (30 m) East: 25 ft (7.6 m) South: 16.5 ft(5 m); variance from 100 ft (30 m) 2. SE 3-19-14 W4M North: 25 ft (7.6 m) East: 100 ft (30 m); as requested by applicant South: 16.5 ft (5 m); variance from 100 ft (30 m) West: 16.5 ft (5 m); variance from 25 ft (7.6 m) The proposed development must comply with: a) The provisions pertaining to the Rural Industrial 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 Page 3 of 4 Municipal Planning Commission June 11, 2020 9. POST AGENDA ITEMS There were no post agenda items. 10. IN CAMERA There were no in camera items. 11. QUESTION PERIOD 12. ADJOURN Being that the agenda matters have been concluded the meeting adjourned at 10:14 a.m. Signed by the Chairman and Director of Corporate Services this Day of JV 0 e5 , 2020. Chairman Director of Corporat ervices Page 4 of 4