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Home My WebLink About2022-09-08 Municipal Planning Commission (Regular) MinutesCOUNTY OF NEWELL MUNICIPAL PLANNING COMMISSION MEETING September 8, 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, September 8, 2022 commencing at 10:00 a.m. A notice was posted at the front entrance advising the public of the meeting. There was one member 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 D. Short, Councillor A. Skanderup, Councillor L. Kopp, Councillor G. Skriver, Councillor E. Unruh, Councillor N. Johnson, Councillor ABSENT: A. Philpott, Councillor STAFF: M. Fenske, CAO G. Tiffin, Manage of Planning, Development & Engineering Services M. Jackson, Supervisor of Planning and Development S. Simpson, Development Officer Z. Forest, Municipal Intern, Planning and Development P. Elliott, Administrative Assistant - Planning T. Green, Moderator OTHERS IN S. Stanway, Brooks Bulletin ATTENDANCE: C. Carr, Acestes Power UCL, DP 2022067 D. Lee, AltaLink Lathom Tower 1. CALL TO ORDER The Chairman called the meeting to order at 10:00 a.m. 2. EXCUSED FROM MEETING P-43122 MOVED BY COUNCILLOR ELLEN UNRUH that Councillor Amanda Philpott be excused from the meeting. MOTION CARRIED Municipal Planning Commission September 8, 2022 3. MINUTES 3.1 Minutes - Municipal Planning Commission (August 11, 2022) P-44122 MOVED BY COUNCILLOR NEIL JOHNSON that the minutes of the August 11, 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-45122 MOVED BY COUNCILLOR ARNO DOERKSEN that the agenda be adopted as presented. MOTION CARRIED 6. DEVELOPMENT REPORT The Development Clerk was available to respond to questions. 8. OTHER BUSINESS 8.1 AltaLink Management Tower - NE 25-20-17-W4, Installation of a 15-25 meter self-supporting telecommunications tower The Development Officer (DO) provided background information on the proposed project The Development Officer included a timeline and process of proposed towers for MPC to review and the DO responded to questions. MPC inquired at what point the tower would have an impact on aerial spraying. D. Lee explained that the proposed tower will be approximately 15-25 m tall and that all applicable federal regulations will be followed. D. Lee added that in the past they have not any issues with spray planes. P46122 MOVED BY COUNCILLOR DAN SHORT That the Municipal Planning Commission recommend a letter of concurrence be provided to the applicant. MOTION CARRIED 7. DEVELOPMENT PERMITS 7.1 DP 2022067 - SE 05-18-12-W4, Construction of an industrial scale solar system The Development Clerk provided background information on the proposed permit application. Page 3 of 5 V . Municipal Planning Commission September S, 2022 MPC inquired on the management of gophers. C. Carr responded that he didn't believe that concern came up in the environmental assessment, but other than the solar panels and minimal road access, everything will be perennial grass that will be maintained. There was a discussion regarding the location of this project in relation to a previous approved permit for a power generation and datacenter operation. The Supervisor of Planning & Development indicated that the previous application was to the south. MPC inquired about the life span and replacement of panels. C. Carr responded that panels lose very little of their lifespan over the years of the project but if they deteriorate, they will replace the panel. LEFT THE MEETING H. Johnson left at 10:15 a.m. P47122 MOVED BY COUNCILLOR Dan Short That the Municipal Planning Commission APPROVE Development Permit 2022067, for the construction of a solar array facility, subject to the conditions outlined below. DP 2022067 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. 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 28, 2022 (21-day appeal period) b) The development must be located as shown on the site plan approved with the application and submitted July 20, 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) All structures associated with the laydown yard or additional structures brought to the site will require a separate Development Permit application and approval. d) The applicants must obtain an access easement with NW 32-17-12-W4 and NE 32- 17-12-W4, this must be registered on the title. 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. f) Any additional development shall require prior approval of a separate permit application. g) The developer must start construction before September 28, 2023. In the event that this date cannot be met, the developer may be required to apply for a new permit. Page 4of5 Municipal Planning Commission September 8, 2022 h) That the setbacks on the site are retained as per the attached site plan. 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. 1) This permit applies to the following development on the site: - 59200 modules • 34.5 KV AC collector lines - 8 inverter/transformer stations. 11) 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. 111) 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 7.1 DP 2022068 - Lot 10, Block 3, Plan 0810256, SW 01-19-14-W4, Approval of a shipping container with a variance to the side yard setback for residential use The Development Clerk provided background information on the proposed permit application. MPC discussed the concerns of allowing the shipping container to remain on the property line and what impact this decision could have on future adjacent landowners and the precedent this may set of allowing a landowner to install structures of any kind on a property before checking into the County requirements. MPC inquired if there was precedent on shipping containers setback because they are moveable. The DO responded that in the past a shipping container is treated the same as an accessory building. MPC went on to discuss that these applications are presented on a case by case basis and the significance of the setback variance to the neighbour. RETURNED TO MEETING H. Johnson returned at 10:27 a.m. P-48/22 MOVED BY COUNCILLOR ADENA SKANDERUP That the Municipal Planning Commission APPROVE Development Permit 2022068, for the approval of a 30 mz (320 ft2) shipping container with a 3 m (10 ft) side yard setback for residential use on lands legally described as Lot 10, Block 3, Plan 0810255, SW 01-19-14-W4. This development approval is subject to the conditions outlined below. Page 5 of 5 Municipal Planning Commission September 8, 2022 DP 2022068 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 County Land Use Bylaw 2016-21, Section 5: Residential Rural District, Section 3: General Regulations and Section 4: Specific Uses and Activities. Conditions of Development Approval: a) This approval is effective as of September 28, 2022 (21-day appeal period). b) The development must be located as shown on the site plan approved with the application and submitted July 22, 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) Any additional development shall require prior approval of a separate permit application. d) That any structure is not located on any right of way or easement on the parcel. e) That the property is not used for conducting a business or commercial operation without first obtaining the required permits. f) That the following minimum setbacks are maintained for this development: Front (east): 6 m (20 ft) Side (north): 3 m (10 ft) Side (south): 3 m (10 ft) Rear (west): 30 m (100 ft) 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. ADJOURN Being that the agenda matters have been concluded the meeting adjourned at 10:29 a.m. Signed by the Chairman and Director of Corporate Services this -12L Day of 2022. County Administra or Page 6 of 5