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HomeMy WebLinkAbout2023-05-11 Municipal Planning Commission (Regular) MinutesCOUNTY OF NEWELL MUNICIPAL PLANNING COMMISSION May 11, 2023 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 via Lifesize on Thursday, May 11, 2023 commencing at 9:59 a.m. A notice was posted at the front entrance advising the public of the meeting. MEMBERS PRESENT: A. Doerksen, Reeve K. Christman, Councillor, MPC Chair H. Johnson, Councillor, MPC Vice Chair L. Kopp, Councillor G. Skriver, Councillor E. Unruh, Councillor A. Philpott, Councillor N. Johnson, Councillor A. Skanderup, Councillor D. Short, Councillor STAFF: M. Fenske, Chief Administrative Officer G. Tiffin, Manager of Planning, Development and Engineering Z. Forest, Municipal Intern - Planning S. Simpson, Development Officer S. Page, Planning and Development Administrative Assistant A. Nielsen, Executive Assistant M. Harbicht, Director of Municipal Services T. Green, Director of Agricultural Services (Moderator) OTHERS IN S. Stanway, Brooks Bulletin ATTENDANCE: B. Flood, Remedex (Applicant - Subdivision 2023-0-005) A. Hofer, Newell Colony (Applicant - Subdivision 2023-0-005) G. Kleinsasser, Newell Colony (Applicant - Subdivision 2023-0-005) E. Hugill, Sandpiper Storage (Applicant - DP2023022) C. Carr, Acestes Power (Applicant - DP2023024) 18 County Ratepayers CALL TO ORDER The Chairman called the meeting to order at 9:59 a.m. 2. EXCUSED FROM MEETING All members were in attendance at this meeting. ?�/ �'" Municipal Planning Commission May 11, 2023 3. MINUTES 3.1 Minutes - Municipal Planning Commission April 20, 2023 P-23/23 MOVED BY COUNCILLOR HOLLY JOHNSON that the minutes of the April 20, 2023 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-24/23 MOVED BY REEVE ARNO DOERKSEN that the agenda be adopted as presented. MOTION CARRIED 6. DEVELOPMENT REPORT The Development Officer presented the Development Report and responded to questions from Council. This item was accepted as information. 7. SUBDIVISIONS 7.1 Subdivision 2023-0-005 - To subdivide a 42.4 ha (104.7 ac) parcel from the SW 4-23-18-W4 for the purpose of developing a class 2 landfill, an industrial use The Municipal Intern - Planning provided background information on the proposed subdivision application. The applicant was present to respond to questions. The Municipal Intern - Planning responded to questions from the MPC regarding potential wetlands, indicating that there are no concerns at this time. Wetlands will be investigated further as part of the development permit process. P-25/23 MOVED BY REEVE ARNO DOERKSEN that the MPC approve, with conditions, the subdivision of a 42.4 ha (104.7 ac) parcel from the SW 4-23-18-W4 (CoT 991 270 161) for the purpose of developing a class 2 landfill, an industrial use, for the following reasons: 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. � Page 2 of 9 Municipal Planning Commission May 11, 2023 Conditions of the approval: 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 enters 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 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. Reserve: The proposed subdivision complies with Section 663(a) of the Municipal GovernmentAct, that one lot is to be created from a quarter section of land, therefore Municipal Reserve is not required. MOTION CARRIED LEFT THE MEETING B. Flood, A. Hofer, and G. Kleinsasser left the meeting at 10:09 a.m. 8. DEVELOPMENT PERMITS 8.1 DP2023020 - Application is to provide approval for the construction of a private riding arena for residential use. The Municipal Intern - Planning provided background information on the proposed permit application. MPC was given the opportunity to ask questions. P-26/23 MOVED BY COUNCILLOR ADENA SKANDERUP that the Municipal Planning Commission APPROVE Development Permit 2023020 for the construction of a 669 m2 (7200 ft2) private riding arena, on lands legally described as Lot 1, Block X, Plan 7811556, NW 17-20-14-W4. This development approval is subject to the conditions outlined below. DP 2023020 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 Section 5, Agricultural Small Lot 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. � Page 3 of 9 Municipal Planning Commission May11,2023 Conditions of the approval: a) This approval is effective as of June 1, 2023 (21-day appeal period). b) The development must be located as shown on the site plan approved with the application and submitted March 28, 2023. 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 the property is not used for conducting a business or commercial operation without first obtaining the required permits. fl That any dwelling/structure is located a minimum distance of 100 m(328 ft) from any gas or oil well site, operating or abandoned, on or adjacent to the property. g) That the following setbacks are maintained for this development: Front (west): 30 m (100 ft) Side (north & south): 6 m(20 ft) Rear (east): 6 m (20 ft) h) That the developer must start construction before June 1, 2024. 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 Development shall be completed before June 1, 2025. MOTION CARRIED 8.2 DP2023022 - Application is for the operation of a self-storage business and the construction of a storage building The Development Officer provided background information on the proposed permit application. County staff have no issues or concerns with the proposed development. Severa/ responses were received from adjacent landowners in opposition to the proposed development expressing concerns with aesthetics, reduced property values, safety, and environmental risks. MPC was given the opportunity to ask questions. The applicant, E. Hugill, provided information regarding the proposed building design and described the size and usage of the structure. MPC asked whether alternative exterior materials would be considered in an effort for the building to blend in with existing structures. E. Hugill indicated that colors were chosen to match the current community standards at Lake Newell Resort and alternate materials would not be cost effective. T. Beas/ey spoke in opposition to the proposed development citing an environmental risk. A drainage ditch on the perimeter of the property could transfer Page 4 of 9 � Municipal Planning Commission May 11, 2023 trace pollutants to wetlands that are a habitat of the Northern Leopard frog, a species at risk. C. Archer spoke in opposition to the proposed development on behalf of the Homeowners Association of Sandpiper Estates (HOA). There is an Encumbrance on the title that shows this lot is a member of the HOA and a Restrictive Covenant that outlines permitted uses for the land which do not include commercial use. He indicated that the HOA was unaware of the Encumbrance and Restrictive Covenant when they issued the letter to the applicant indicating they were not members of the HOA. C. Archer requested additional time for the HOA and applicant to discuss the proposed development and determine an appropriate set of architectural guidelines for a commercial development. Discussion followed regarding the sa/e of the property which is designated for a storage lot in the Lake Newell Resort Area Strucfure Plan. The /and was rezoned to 8-HAM Business - Hamlet District in 2022. H. Hafso spoke in opposition to the proposed development. There is an existing storage facility in a more appropriate location with room to expand. K. McLelland reported that a letter was sent to all members of the HOA and condo blocks indicating that a meeting regarding the proposed development was taking p/ace. E. Hugill indicated that he did not personally receive notification of the meeting. C. Archer responded to questions regarding the need to update the Lake Newell Resort ASP and provided examples of developments other than storage the community is interested in pursuing. He expressed further concerns with the proposed development including safety and the potential for reduced property values. Discussion followed and MPC expressed concerns with the level of communication between the HOA and the developer as well as potentially restricting economic development. T. Beasley reiterated concerns regarding an environmental liability issue resulting from effluent from industrial activity entering the drainage system. The Manager of Planning, Development & Engineering responded, indicating that there will be no effluent as there is no water or wastewater service to the property. The developer will be responsible for ensuring stormwater runoff quality, quantity, and rate of re/ease is maintained from pre- to post-development. Species at risk are regulated by Alberta Environment & Protected Areas and all developers must ensure they comply with any required approvals. J. Philipsen spoke in opposition to the proposed development and expressed concerns with potential reduction in property values and safety for children in the area. He indicated that the landowner should have been aware of the Encumbrance and Restrictive Covenant on the title and initiated communication with the HOA. J. Philipsen also noted that the intent of the proposed deve/opment differs from the "RV Storage" listed in the ASP. The Manager of Planning, Development & Engineering indicated that the ASP is referenced when considering applications for any development or subdivision Page 5 of 9 � Municipal Planning Commission May 11, 2023 within the ASP boundaries. The ASP can be updated at any time. The developer considers whether there is a need for a service in a location, based on its proposed use. The Manager of Planning, Development & Engineering explained the Restrictive Covenant, which has specific requirements for development at Lake Newell Resort. The MPC cannot enforce the Restrictive Covenant, but because this permit is discretionary, they can use it as a consideration for development. MPC must also consider the statutory framework that is currently in place when rendering a decision. He provided information on the lot, which is not currently serviced for residential development. The Manager of Planning, Development & Engineering provided information regarding development permit approval timelines, indicating that there is an opportunity for an extension of up to 90 days if both the applicant and MPC are in agreement. The Manager of Planning, Development & Engineering responded to further questions regarding the Restrictive Covenant and addressing environmental concerns. Discussion followed regarding extending the development permit. E. Hugill indicated that an extension would be acceptable but expressed concerns with the potential requirements of the HOA. Further discussion followed. P-27/23 MOVED BY COUNCILLOR GREG SKRIVER that DP 2023022 be granted an extension of 30 days to June 9, 2023. Further discussion followed. The Manager of Planning, Development & Engineering requested an e-mail from E. Hugill confirming that they agree to the extension. MPC indicated that the purpose of the extension is to allow time for the developer to meet with the HOA and determine their requirements for a commercial development. J. Philipsen - concerns with sound planning, cited portions of the MDP in support of commercial development decisions that make sense with existing issues. T. Beasley again re-iterated whether Alberta Environmental Protection, Environment Canada, Species at Risk, and the Eastern Irrigation District have standing in terms of whether this development permit is valid, or should be addressed, or should be approved, given what their concerns may be? Does the MPC have the ability to impose an Environmental Impact Assessment to confirm that this development will not cause any harm to species at risk? The Manager of Planning, Development & Engineering indicated that a condition of the development permit requires the developer to comply with all Federal, Provincial, and Municipal statutes, regulations, codes and standards. Further discussion followed. The Chairman called the question. VOTE ON MOTION P-27/23 — MOTION CARRIED � Page 6 of 9 Municipal Planning Commission May 11, 2023 LEFT THE MEETING D. Hugill and 15 County Ratepayers left the meeting at 11:41 a.m. 8.3 DP 2023024 -Application is forthe construction of an Industrial Solar Facility The Development Officer provided background information on the proposed permit application. The applicant was present to respond to questions. MPC was given the opportunity to ask questions. P-28/23 MOVED BY COUNCILLOR LYNETTE KOPP that the Municipal Planning Commission APPROVE Development Permit 2023024 for the construction of an industrial solar facility, on lands legally described as SE 7-21-14-W4 & SW 8-21-14-W4. This development approval is subject to the conditions outlined below. DP 2023024 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 Agriculture General District (Schedule 2) 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 the approval: a) This approval is effective as of May 31, 2023 (21-day appeal period). b) The development must be located as shown on the site plan approved with the application and submitted April 10, 2023. 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 proposed development complies with all Federal, Provincial and Municipal statutes, regulations, codes and standards. 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. fl Any additional development shall require prior approval of a separate permit application. g) The developer must start construction before May 31, 2024. In the event that this date cannot be met, the developer may be required to apply for a new permit. Page 7 of 9 � Municipal Planning Commission May 11, 2023 14. ADJOURN Being that the agenda matters have been concluded the meeting adjourned at 11:45 a.m. Signed this � day of , 2023. � M Ch rman �� County Administra or 1_ Page 9 of 9