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Home My WebLink About2022-08-11 Municipal Planning Commission (Regular) MinutesCOUNTY OF NEWELL MUNICIPAL PLANNING COMMISSION MEETING August 11, 2022 The regular Municipal Planning Commission Meeting of the County of Newell was held in the County Office at Brooks, AB and livestreamed to the public via Lifesize on Thursday, August 11, 2022 commencing at 10:03 a.m. A notice was posted at the front entrance advising the public of the meeting. There were several members of the public physically in attendance. MEMBERS PRESENT: A. Doerksen, Reeve K. Christman, Councillor, M.P.C. Chair H. Johnson, Councillor, M.P.C. Vice Chair A. Skanderup, Councillor L. Kopp, Councillor G. Skriver, Councillor E. Unruh, Councillor A. Philpott, Councillor N. Johnson, Councillor ABSENT: D. Short, Councillor STAFF: M. Fenske, CAO M. Jackson, Supervisor of Planning and Development S. Simpson, Development Clerk Z. Forest, Municipal Intern, Planning and Development P. Elliott, Administrative Assistant — Planning M. Harbicht, Director of Municipal Services T. Green, Moderator OTHERS IN S. Stanway, Brooks Bulletin ATTENDANCE: J. Buteau, Applicant, DP 2022059 B. Commodore, Ratepayer M. Klassen, Ratepayer F. Klassen, Ratepayer J. Snyder, Ratepayer S. Brown, Sabre Energy Consulting, DP 2022059 J. Thachuk, Solar Krafte, DP 2022059 M. Burgert, Solar Krafte, DP 2022059 1. CALL TO ORDER The Chairman called the meeting to order at 10:03 a.m. 2. EXCUSED FROM MEETING P-37/22 MOVED BY COUNCILLOR HOLLY JOHNSON that Councillor Dan Short be excused from the meeting. MOTION CARRIED `�� V Municipal Planning Commission August 11, 2022 3. MINUTES 3.1 Minutes - Municipal Planning Commission (July 21, 2022) P-38/22 MOVED BY COUNCILLOR ELLEN UNRUH that the minutes of the July 21, 2022 Municipal Planning Commission meeting be adopted as presented. MOTION CARRIED 4. CALL FOR POST AGENDA ITEMS The Chairman called for post agenda items. 5. ADOPTION OF AGENDA P-39/22 MOVED BY COUNCILLOR ADENA SKANDERUP that the agenda be adopted as presented. MOTION CARRIED 6. DEVELOPMENT REPORT This item was accepted as informafion. 7. SUBDIVISIONS 7.1 2022-0-008 - NE 15-16-16-W4, To subdivide a 3.114-hectare (7.69 acre) parcel from the NE 15-16-16W4 for residential purposes. The Supervisor of Planning & Development provided background information on the proposed subdivision application. MPC inquired on what the line that ran through the middle of the quarter was and what would happen to the buildings located along the proposed subdivision boundary. The Supervisor of Planning & Development replied that the line did not indicate that the quarter section had previously been subdivided but is a right-of- way. The Supervisor of Planning & Development indicated that the development that crossed the property line are old corrals and would be cleaned up once the subdivision is completed. P-40/22 MOVED BY COUNCILLOR NEIL JOHNSON That the MPC APPROVE the subdivision of a 3.114 hectare (7.69 acre) parcel from the NE 15-16-16-W4 (CoT 211 042 574) for residential purposes with conditions, for the following reasons: 1. The proposed subdivision is consistent with the South Saskatchewan Regional Plan and complies with the County of Newell Municipal Development Plan, 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. MOTION CARRIED Page 2 of 6 �� Municipal Planning Commission August11,2022 8. DEVELOPMENT PERMITS 8.1 DP 2022059 - ALL 19, 28, 29 and 30-18-15, NW & NE 18-18-15, SW & SE 31- 18-15, NW, SW & SE 32-18-15, SW, SE & NE 33-18-15, SW & SE 25-18-16- W4, Construction of a utility scale solar system The Development Clerk provided background information on the proposed permit application. There were 4 rate payers in attendance at the meefing that were not in favor of the proposed solar facility as it was approved by the Alberta Utilities Commission (AUC). The landowners' primary concerns were visual, but also indicated a loss in property value. It was also mentioned by the ratepayers that there was a lack of consultation from the applicanfs to the landowners. The applicants responded that they provided a substantially larger setback from the landowners, specifically 471 m setback from the ratepayer in attendance in lieu of a treeline. The Chief Administrative Officer (CAO) indicated that the research on the loss of property values showed a 0 to 5% change in value for parcels located near a solar facility. It was also mentioned by fhe CAO that the AUC reviews the setbacks, public participation, environmental concerns, and all other aspects of the project prior to the application being reviewed by the municipality as they are the experts in this field. The CAO read the excerpt from the Municipal Government Act that states that once the AUC has given approval to an applicant and that development adheres to the Land Use Bylaw that the municipality is required to provide approval. The MPC can add conditions, however, if the applicant feels they are unreasonable they can appeal the permit to the Land and Property Rights Tribunal. ARRIVED AT MEETING M. Harbicht arrived at 11:05 a.m. There was further discussion. LEFT THE MEETING J. Buteau left at 11:23 a.m. P-41/22 MOVED BY COUNCILLOR NEIL JOHNSON That the Municipal Planning Commission APPROVE Development Permit 2022059, for the construction of a solar array facility, subject to the conditions outlined below. DP 2022059 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 General District, Section 5, Section 3 General Regulations and Section 4, Specific Uses and Activities as specified in the County of Newell Land Use Bylaw 2016-21. Page 3 of 6 � Municipal Planning Commission August 11, 2022 Conditions of Development Approval a) This approval is effective as of August 31, 2022 (21-day appeal period). b) The development must be located as shown on the site plan approved with the application and submitted June 14, 2022. It must be built according to the description provided with this approval. Any changes shall require the written approval of the Development Authority. c) That the applicants submit a seeding a vegetation plan prior to construction. d) All structures brought to the site will require a separate Development Permit application and approval. e) The applicant/owner must obtain all construction permits applicable to development and is responsible to ensure all permits are closed with work complying to the building code. � Any additional development shall require prior approval of a separate permit application. g) The developer must start construction before August 31, 2023. In the event that this date cannot be met, the developer may be required to apply for a new permit. h) That the setbacks on the site are retained as per the attached site plan, including a zero setback from the property lines inside the project subject area. Minor changes to setbacks will require approval by the Development Authority. Major changes to setbacks (e.g., more than 10%) will require a new permit application and approval. i) That the developer shall enter into a Road Approach Agreement with the County of Newell and comply with the conditions of the agreement for the installation and/or upgrade of any required road approaches to the parcel. If required, the agreement shall be registered as a caveat against the lands, at the applicant's expense. j) That the developer enter into a road use agreement for the use and maintenance of the undeveloped road allowances during the construction of the project prior to construction commencing. k) This permit applies to the following development on the site: • 1 000 000 solar modules, approximately 3.6 metres maximum height • 34.5kV collector lines • 67 inverter/transformer stations I) That the applicant shall meet with County of Newell Municipal Services to prepare the engineered Storm Water Management Plan for the site; Municipal Services must provide written approval for the plan prior to construction commencing. m) That all irrigation acres must be removed from the proposed solar facility areas, in a manner acceptable to the EID. The affected locations are SE 25-18-16-W4, Sec 28- 18-15-W4 and S'/2 33-18-15-W4 and the parcels may no longer be irrigated for agricultural purposes. The removal of acres can be by transfer or sale and the removal of acres will not occur until the project is finalized. n) That the applicant must install a temporary rural address sign at the road approach to the site as soon as construction starts. The sign must display the rural address as assigned by the County in the letter that will be mailed to the applicant after the permit has been approved. No other address may be displayed on the site. The sign must remain in place and in full view until it is replaced by a County of Newell issued rural address sign. MOTION CARRIED LEFT THE MEETING B. Commodore, M. Klassen, F. Klassen, J. Snyder, S. Brown, J. Thachuk and M. Burgert left at 11:26 a. m. Page 4 of 6 �/ Municipal Planning Commission August11,2022 8.2 DP 2022064 - Lot A, Block 1, Plan 2123FB, SE 06-15-13-W4, Installation of a shipping container for the Rolling Hills Fire Hall. The Development Clerk provided background information on the proposed permit application. There were no questions from MPC. P-42/22 MOVED BY COUNCILLOR LYNETTE KOPP That the Municipal Planning Commission APPROVE Development Permit 2022064 for the installation of a 15 mz (160 ft2) shipping container as an accessory to the Fire Hall, on lands legally described as Lot A, Block 1, Plan 2123FB, SE 06-15-13-W4. This development approval is subject to the conditions outlined below. DP 2022064 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 Business Hamlet District Section 3, General Regulations and Section 4, Specific Uses and Activities as specified in the County of Newell Land Use Bylaw 2016-21. 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 August 31, 2022 (21-day appeal period). b) The development must be located as shown on the site plan approved with the application and submitted July 19, 2022. 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/owner must obtain all construction permits applicable to development and is responsible to ensure all permits are closed with work complying to the building code. d) Any additional development shall require prior approval of a separate permit application. e) That any dwelling/structure is not located on any right of way or easement on the parcel. fl That the following minimum setbacks on all sides are maintained for this development: Front (south): 6 m (20 ft) Side (east & west): 3 m(10 ft) Rear (north): 3 m (10ft) MOTION CARRIED 9. POST AGENDA ITEMS There were no post agenda items. Page 5 of 6 � Municipal Planning Commission August11,2022 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 11:27 a.m. Signed by the Chairman and Director of Corporate Services this � Day of ��,� .,�2Q (� , 2022. J i • r, _ Chairma �i � �„�.� -�-Bir-ee4or-o#-Eor-por-a e�vicee � b �.-� � �d � � ns-� r�-�o ��,� Page 6 of 6