HomeMy WebLinkAbout2017-09-21 Municipal Planning Commission (Regular) MinutesCounty of Newell
MUNICIPAL PLANNING COMMISSION MEETING
September 21, 2017
The regular Municipal Planning Commission Meeting of the County of Newell was held in the
County Office at Brooks, AB on Thursday, September 21, 2017 commencing at 10:03 a.m.
MEMBERS PRESENT: M. Douglass, Reeve
C. Amulung, Councillor, M.P.C. Chair
A.M. Philipsen, Councillor
W. Hammergren, Councillor
T. Fyfe, Councillor
K. Christman, Councillor
E. Unruh, Councillor
B. de Jong, Councillor
L. Juss, Councillor
ABSENT: G. Simpson, Councillor, Vice M.P.C. Chair
STAFF: K. Stephenson, CAO
L. Johnson, Director of Corporate Services
D. Horvath, County Planner
A. Wickert, Manager of Planning and Development
S. Simpson, Development Clerk
M. Harbicht, Director of Municipal Services
G. Tiffin, Manager of Engineering Services
P. Elliott, Administrative Assistant, Planning
OTHERS IN B. Philips, Brooks Bulletin
ATTENDANCE: M. Burgert, Solarkrafte representative
J. Thachuk, Solarkrafte respresentative
J. Giles, Ratepayer
D. Giles, Ratepayer
J. Niznik, Ratepayer
B. Bildersheim, Ratepayer
J. Snyders, Ratepayer
M. Snyders, Ratepayer
P. Hofer, Ratepayer
C. Mulvey, Ratepayer
R. Irwin, Ratepayer
L. Clarke -Irwin, Ratepayer
N. Roy, Ratepayer
G. Niznik, Ratepayer
C. Weerstra, Ratepayer
P. & M. Seaton, Ratepayer
G. Weadill, WSP
T. Purvis, WSP
(9
P-76/17
P-77/17
P-78/17
OTHERS IN
ATTENDANCE -Continued
1. CALL TO ORDER
P. Reimer, Ratepayer
J. Jones, Brooks Solar Power
M. Fouche, Ratepayer
N. Fouche, Ratepayer
S. Giles, Ratepayer
G. Jenkins, Ratepayer
A. Jones, Ratepayer
D. Jackson, Ratepayer
C. Harbinson, Ratepayer
H. Harbinson, Ratepayer
E. Foisy, Smith Trucking Services (1976) Ltd.
The Chairman called the meeting to order at 10:03 a.m.
2. EXCUSED FROM MEETING
MOVED BY COUNCILLOR TRACY FYFE that Councillor Gordon Simpson be excused
from the meeting.
MOTION CARRIED
3. MINUTES
3.1. September 7, 2017 Meeting Minutes
MOVED BY COUNCILLOR ANNE MARIE PHILIPSEN that the minutes of the
September 7, 2017 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
MOVED BY COUNCILLOR ELLEN UNRUH that the agenda be adopted as presented.
MOTION CARRIED
6. SUBDIVISIONS
6.1. 2017-0-131 - SE1/4 30-20-12-W4M, To subdivide a surplus portion of the old
railway and station grounds and consolidate the subdivided portions to the adjacent
titles.
County Planner D. Horvath provided background information on the proposed
subdivision application.
There were no questions from MPC.
0
P-79/17 MOVED BY COUNCILLOR WAYNE HAMMERGREN THAT the Agricultural subdivision
of SE 1/4 30-20-12-W4M (Certificate of Title No. 141 015 586, 161 083 754 +6, 131 307
() 832 +1) to subdivide surplus portions of the old railway and station grounds and
\\ consolidate the subdivided portions of the adjacent titles 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 the 1.87 acre (0.76 ha) subdivided portion of Plan RW 131 be consolidated with
the adjacent lands (C of T:131 307 832 +1) to create a new title of approximately
45.96 acres (18.6 ha).
3. That the 13.74 acre (5.56 ha) subdivided portion of Plan RW 131 be consolidated
with the adjacent parcel (C of T: 141 015 586) to create a new title of approximately
89.67 acres (32.29 ha).
MOTION CARRIED
6.2 2016-0-096 - Request to Defer MR Payment
County Planner D. Horvath provided background information on the proposed
application.
ARRIVED AT MEETING
D. Jackson arrived at 10:18 a.m.
(� Councillor E. Unruh asked why the applicant was requesting MPC to defer the Municipal
Reserve (MR) payment for this subdivision. E. Foisy replied that the subdivision is a
minor boundary adjustment, which will address an encroachment issue that has existed
for at least 30 years, he would prefer to make the Municipal Reserve payment at a later
date.
County Planner D. Horvath indicated that there will be no cost to the County if the MR
payment is deferred.
P-80/17 MOVED BY COUNCILLOR LIONEL JUSS THAT the request to defer the Municipal
Reserve payment for Subdivision 2016-0-096 to a later date be REFUSED.
MOTION CARRIED
LEFT THE MEETING
E. Foisy left at 10:21 a.m.
7. DEVELOPMENT PERMITS
7.1 DP 2017057 - NW & SW 4-19-15 W4M, Construction of a solar array facility
Development Clerk S. Simpson provided background information on the proposed
permit application.
M.Burgert, Solarkrafte, provided background information about the company and the
application. (4�1
ARRIVED AT MEETING
C. & H. Harbinson arrived at 10:31 a.m.
M. Burgett informed MPC that the company mailed information packages to all residents
within 2 km radius of the proposed project, knocked on adjacent landowners' doors to
discuss the project and held an open house about the project. Councillor C. Amulung
noted that landowners in attendance did not agree with that statement. J. Thachuk,
Solarkrafte, reiterated that company representatives made a number of attempts to
speak with landowners who lived within 800 m of the property and that all stakeholders
within 2 km of the property were mailed an information package.
Councillor E. Unruh asked about rezoning of the property and whether surrounding
property values would decline. D. Horvath replied that the application is a discretionary
use in the Agricultural Land Use District of the Land Use Bylaw and rezoning would not
be required. She added that the change in land value would need to be answered by the
County assessor.
M. Burgett provided information about site grading and the company's desire to maintain
existing ground cover so that blowing soil would not be an issue. In addition, their traffic
plan during the construction period includes dust abatement measures and reducing
speeds for vehicles on the County road.
Dr. N. Fouche, a landowner across the County road from the project site, indicated that a
business card was left at her residence on June 9, 2017 and that they received an
information package the day of the open house. She spoke with a lawyer, who
recommended not to attend the open house because it was merely an information
meeting. She stated that they will lose 90% of their view if this project is built. She added
that a property assessment showed the value of her property would decrease as a result
of the solar installation.
M. Burgett responded that no power poles will be erected for the project and there is a
significant setback from the west road allowance to the installation, both of which will
reduce the visual impact to adjacent properties.
Councillor T. Fyfe requested that the Solarkrafte representatives outline why this site
was chosen for the project. M. Burgett replied that the site was chosen because it is in
close proximity to the grid, making it easy and economical to connect with it. This
location provided maximum profitability for the company, further away, the project
becomes less profitable. Councillor C. Amulung requested clarification that the further
away the solar facility is built from the grid, the higher the cost of production. M. Burgett
confirmed that would be the case.
M. Burgett added that if visual impact continues to be a major concern, Solarkrafte will
provide screening along the road, using trees or other plantings. He acknowledged that
traffic on the County road will increase during the 6-month construction period, after that,
traffic will be limited to general maintenance of the site.
CO
C. Mulvey commented that the land being used for the project is agricultural land. People
who do not live in a rural area don't understand that the solar project will destroy the land
because it destroys the view.
M. Seaton asked what taxpayer monies the company is receiving for the project. M.
Burgert replied that the project is not receiving any grants or subsidies. M. Burgert
responded to further questions from M. Seaton regarding the use of water on the site,
where the panels were being manufactured, how much they cost to manufacture and
whether they could be recycled. There was additional discussion about property value
loss, the construction phase of the project and access to the site from the County road.
Mr. Fouche inquired if this is the only place the company could build the project. M.
Burgert stated that their studies showed this to be the optimal location for connection
with the grid. Given the proximity of the facility to adjacent residences, the company
decided to include a wider than usual buffer between the installation and adjacent
properties to reduce visual impact. M. Burgert added that their studies showed that the
value of real estate in close proximity to a solar farm was not significantly reduced.
P. Reimer, a landowner across the County road from the project site, asked about heat
coming off the panels, how the panels will react to lightening strikes and hail and how the
site will be cleaned up. M. Burgert responded that the converted energy does not heat
up the panels and that planting low vegetation will provide additional cooling. He added
that the modules have been tested for hail up to tennis ball size, with no adverse effects.
C J. Jones inquired about the general revenue expected for a year, what subsidies the
company was receiving and what level of taxes would be generated from the site. J.
Thachuk replied that the project is not dependant on any government programs or
subsidies and that the company will be paying $300, 000 per year in taxes to the County.
Manager of Planning & Development, A. Wickert, provided a summary of the discussion.
She commented that further consultation between the landowners and the company may
be helpful in mitigating some of the issues. She added that it would be helpful for the
applicant to provide additional information concerning these issues for MPC to consider.
While the landowners in attendance did not appear to be opposed to solar power, they
were concerned about the location of the facility and how it would impact their quality of
life. She suggested that screening and access from the south may be options to
consider, and that area residents may have other suggestions.
A. Wickert referred to the staff development permit report, indicating that staff provided 2
options for MPC to consider, with the additional option that MPC refuse the application.
She added that Planning and Development staffs recommendation, after hearing the
issues that were presented by adjacent landowners at the meeting, was for MPC to table
the application so that additional information could be collected and further consultation
could occur between the company and the adjacent landowners.
After a brief discussion, MPC members felt that, due to the need for Council to attend to
delegation requests, further discussion of the application would be postponed until after
delegations were addressed.
RECESSED for lunch 12: 02 p.m.
RECONVENED at 1:32 pm
Deliberation by MPC members resumed, including discussion regarding the mitigation of
dust on the County road and the merits versus the impacts of installing a solar facility at
that site, both for adjacent landowners and the County as a whole.
P-81/17 MOVED BY COUNCILLOR BRIAN DE JONG That the Municipal Planning Commission
APPROVE Development Permit 2017057, for the construction of a solar array facility,
subject to the conditions outlined below.
This permit is being granted only to provide approval for the construction of a solar array
facility, on lands legally described as NW & SW 4-19-15 W4M. Any additional
development shall require prior approval of a separate permit application.
The proposed development complying with:
a) The provisions pertaining to the Agricultural 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.
Reasons for Approval
The Municipal Planning Commission has approved DP 2017057 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 District (Schedule 2)
and Standards of Development (Schedule 3) as specified in the County of Newell
Land Use Bylaw #1892-17.
Conditions of Development
a) That this development is located as shown on the site plan approved in this
application and submitted August 30, 2017. Any changes to that plan, including
changes required through the AUC approval, shall require the written approval of
the Development Officer.
b) That the applicant shall submit the Alberta Utilities Commission Power Plant
Approval, prior to construction commencing with a final site plan. Any variance
.may require submission of a new Development Permit.
c) The developer must start construction before October 10, 2018. In the event that
this date cannot be met, the developer may be required to apply for a new
permit.
d) 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.
e) All structures brought to the site will require a separate Development Permit
application and approval.
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f)
No overnight accommodation shall be permitted, even during the period of
construction without a valid development permit.
g)
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.
h)
That the applicant ensure that dust be controlled through appropriate measures
at all times.
i)
That the applicant shall submit an Environmental Site Assessment Report,
prepared by an Alberta qualified environmental assessment firm, prior to
construction commencing.
j)
That the applicant shall submit an Emergency Response Plan for approval by the
County of Newell Manager of Fire and Emergency Services, prior to construction
commencing. An emergency contact number shall be posted on the perimeter
fencing of the entire operation as well as signage indicating an electrical hazard.
k)
That the applicant shall ensure the site and perimeter fencing shall be kept clear
of garbage at all times.
1)
That the applicant shall submit the Alberta Environment and Parks Water Act
Approval for the site, prior to construction commencing.
m)
That the applicant shall meet with County of Newell Municipal Services prior to
preparation of the engineered Storm Water Management Plan, final grading plan
and final geotechnical report for the site; Municipal Services must provide written
approval for the plan prior to construction commencing.
l C n)
l
That the applicant shall meet with County of Newell Agricultural Services prior to
preparation of a vegetation and maintenance plan in accordance with the Alberta
Weed Control Act for the site; these plans must be approved by County of Newell
Agricultural Services, prior to construction commencing.
o)
That the applicant must submit a copy of the final reclamation plan prior to
construction.
p) 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.
q) That the applicant enter into a road use maintenance agreement for the County
road (RR 15-4) during construction, which may include designating it as a haul
route.
MOTION CARRIED
8. POST AGENDA ITEMS
There were no post agenda items.
9. IN CAMERA (�q
There were no in camera items.
10. INFORMATION ITEMS
10.1 Application LA 17049 - Springside Colony Farming Co. Ltd.
This item was accepted as information
11. QUESTION PERIOD
12. ADJOURN
Being that the agenda matters have been concluded the meeting adjourned at 1:54 p.m.
Signed by the Chairman and Director of Corporate Services this E— Day of
&'7-0 8.e-�—q 12017.
Ch irman
Director of C p ate Services