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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. ��l 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