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Home My WebLink About2018-01-11 Municipal Planning Commission (Regular) Minutesi P-01 /18 COUNTY OF NEWELL MUNICIPAL PLANNING COMMISSION MEETING January 11, 2018 The regular Municipal Planning Commission Meeting of the County of Newell was held in the County Office at Brooks, AB on Thursday, January 11, 2018 commencing at 10:02 a.m. MEMBERS PRESENT: ABSENT: M. Douglass, Reeve C. Amulung, Councillor, M.P.C. Chair H. Kallen, Councillor A.M. Philipsen, Councillor, Vice M.P.C. Chair W. Hammergren, Councillor T. Fyfe, Councillor K. Christman, Councillor E. Unruh, Councillor B. de Jong, Councillor L. Juss, Councillor STAFF: K. Stephenson, CAO L. Johnson, Director of Corporate Services D. Horvath, County Planner, ORRSC A. Wickert, Manager of Planning & Development P. Elliott, Administrative Assistant, Planning & Development OTHERS IN S. Stanway, Brooks Bulletin ATTENDANCE: B. Allred, Solar Optix (DP 2017088) C. Chomistek, Applicant (DP 2017088) F. & L. Wilson, (DP 2017087) 1. CALL TO ORDER The Chairman called the meeting to order at 10:02 a.m. 2. EXCUSED FROM MEETING All members were in attendance at this meeting. 3. MINUTES 3.1. December 21, 2017 Meeting Minutes MOVED BY COUNCILLOR KELLY CHRISTMAN that the minutes of the December 21, 2017 Municipal Planning Commission meeting be adopted as presented. 0611 MOTION CARRIED Municipal Planning Commission January 11, 2018 P-02/18 4. CALL FOR POST AGENDA ITEMS The Chairman called for post agenda items. 5. ADOPTION OF AGENDA MOVED BY COUNCILLOR TRACY FYFE that the agenda be adopted as presented. MOTION CARRIED 6. DEVELOPMENT REPORT This item was accepted as information. 7. SUBDIVISIONS 7.1. 2017-0-203 - NW1/412-20-15-W4M, To create one new parcel approximately 11.90 acres (4.81 ha) in size, containing an existing residence and improvements, from a previously subdivided quarter section for residential use. The County Planner provided background information on the proposed subdivision application. There were no questions from MPC about the application. P-03/18 MOVED BY COUNCILLOR ANNE MARIE PHILIPSEN THAT the Residential subdivision of NW1/4 12-20-15-W4M (Certificate of Title No. 121 240 940), to create one new parcel approximately 11.90 acres (4.81 ha) in size, containing an existing residence and improvements, from a previously subdivided quarter section for residential use; BE APPROVED subject to the following: RESERVE: The 10% reserve requirement, pursuant to Sections 666 and 667 of the Municipal Government Act, be provided as money in place of land on the 11.90 acres at the market value of $2000.00 per acre with the actual acreage and amount to be paid to the County of Newell be determined at the final stage, for Municipal Reserve Purposes. 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. MOTION CARRIED 8. DEVELOPMENT PERMITS 8.1. DP 2017086 - Lot 8, Block 1, Plan 7710562, Hamlet of Tilley, Approval of as -built dwelling and deck, variance to the rear yard setback The Manager of Planning & Development provided background information on the proposed permit application. Ci <l Page 2 of 7 Municipal Planning Commission January 11, 2018 ARRIVED AT MEETING CChomistek arrived at 10:07 a.m. .0 ,4118 MOVED BY COUNCILLOR KELLY CHRISTMAN That MPC APPROVE Development Permit 2017086 and provide compliance for the existing dwelling with attached deck and variance to the rear yard setback, subject to the conditions listed below. Reasons for Approval: 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 Hamlet Residential District (Schedule 2) and Standards of Development (Schedule 4) as specified in the County of Newell Land Use Bylaw 1892-17; except for the variance. 3. No objections have been received from adjacent landowners or referral agencies with respect to the proposed development. Conditions of Development a) This compliance for the as -built approval is only for the existing 976 ft2 (90.7 m2) dwelling with a 307 ft2 (28.5 m2) deck, with a variance to the rear yard setback requirement, on lands legally described as Lot 8, Block 1, Plan 7710562. Any additional development shall require prior approval of a separate permit application. b) This approval is effective February 2, 2018. Any changes shall require the written approval from the Development Officer. c) That the property is not used for conducting a business or commercial operation without first obtaining the required permits. d) That the following setbacks are maintained for this development: Rear (northeast): 16.3 ft (5 m); variance from 20 ft (6.1 m) MOTION CARRIED 8.2. DP 2017087 - Lot 21, Block 6, Plan 0312740 & Lot 5N, Block 6, Plan 5280FK, Hamlet of Rolling Hills, Installation of a moved in dwelling, construction of addition and deck The Manager of Planning & Development provided background information on the proposed permit application. F. Wilson requested that the security deposit be waived for this application. He was asked if he was aware that the security deposit would be refunded. He indicated that he was aware, but added that the amount being requested would be difficult for them to raise at this time. The Manager of Planning & Development indicated that security deposits were added as a condition of approval to ensure that the dwelling was installed properly and met Provincial construction codes. The County Planner added that the security deposit was also to cover the repair of damage that might occur to County roads, curbs or sidewalks during the installation process. 1 Staff was asked how long the security deposit would be held before being refunded. The Manager of Planning & Development indicated that a diligent applicant could have the Page 3 of 7 Municipal Planning Commission January 11, 2018 dwelling installed and all the inspections completed within a year; at that point, the deposit would be refunded. There was further discussion regarding the pros and cons of collecting a security deposit for this development permit application. P-05/18 MOVED BY COUNCILLOR ELLEN UNRUH that the Municipal Planning Commission APPROVE Development Permit 2017087 with condition (d) $2500.00 security deposit being removed. MOTION DEFEATED P-06/18 MOVED BY COUNCILLOR BRIAN DE JONG That the Municipal Planning Commission APPROVE Development Permit 2017087 for approval for the installation of a moved in 1200 ft2 (111 m2) dwelling, construction of an 200 ft2 (19 m2) addition, 416 ft2 (39 m2) attached garage and 192 ft2 (18 m2) deck, subject to the following conditions: This permit is being granted only for the installation of a moved in 1200 ft2 (111 m2) dwelling, construction of a 200 ft2 (19 m2) addition, 416 ft2 (39 m2) attached garage and 192 ft2 (18 m2) deck, on lands legally described as Lot 21, Block 6, Plan 0312740 & Lot 5N, Block 6, Plan 5280FK. Any additional development shall require prior approval of a separate permit application. The proposed development complying with: a) The provisions pertaining to the Hamlet Residential 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 2017087 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 Hamlet Residential District (Schedule 2) and Standards of Development (Schedule 4) as specified in the County of Newell Land Use Bylaw #1892-17. 3. No objections have been received from adjacent landowners or referral agencies with respect to the proposed development. Conditions of Development a) That this development is located as shown on the site plan approved in this application and submitted December 11, 2017. Any changes to that plan shall require written approval from the Development Officer. b) That the two parcels, Lot 21 and Lot 5N are consolidated in a way that future separation will require approval by the subdivision authority before any development occurs. c) That the property is not used for conducting a business or commercial operation without first obtaining the required permits. d) That the developer provide a security deposit, in the amount of $2500.00 to ensure the following conditions of development are met: 0 Page 4 of 7 Municipal Planning Commission January 11, 2018 (i) proper installation of the building on a foundation; no damage to curbs or County road (ii) once installed, the structure must pass inspection by the County building inspector, prior to refunding the security Once the development has met the conditions of the security deposit to the satisfaction of the County, the deposit will be refunded. e) That the following setbacks on all sides are maintained for this development: Front (north): 20 ft (6.1 m) Side (east & west): 5 ft (1.5 m) Rear (south): 20 ft (6.1 m) f) That the developer must start construction before January 30, 2019. 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. MOTION CARRIED 8.3. DP 2017088 - NW 30-14-13 W4M, Installation of a ground mount solar arrays with a variance to setback The Manager of Planning & Development provided background information on the proposed permit application. C. Chomistek explained that the reasons for the variance request is to allow the solar arrays to be installed in the dry corner of the parcel, near the pump house, and in a way that they do not interfere with the pivot operation. C. Chomistek indicated that he received (� permission from the EID to be within 40 ft of their irrigation canal right-of-way (ROW), allowing the solar array to be installed away from the irrigated land. The County Planner indicated that the focus of the permit is the request for variances to the height of the solar arrays and the setback along the north property line, which is shared with the EID ROW. MPC members asked if the EID had provided a letter indicating that they had no issues with the solar array being closer to the canal ROW than what was required under the Land Use Bylaw. The Manager of Planning and Development indicated that the application was circulated to the EID, but they did not respond. There was further discussion about the use of the solar arrays to power the irrigation pump on the site. P-07/18 MOVED BY COUNCILLOR LIONEL JUSS That the Municipal Planning Commission APPROVE Development Permit 2017088, for the installation of 74 ground mounted solar modules totalling 20,000 ft2 (1858 m2) in size on the farm site, with a variance to the setback. In addition, an existing 120 ft2 (11 m2) pumphouse with a variance to the setback, subject to the conditions outlined below. Reasons for Approval: 1 1. The proposed development complies with the Municipal Development Plan. _ J 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 of 7 J Municipal Planning Commission January 11, 2018 Standards of Development (Schedule 3) as specified in the County of Newell Land Use Bylaw 1892-17; except the proposed variance. 3. No objections have been received from adjacent landowners or referral agencies with respect to the proposed development. Conditions of Development: a) This approval is only for the installation of a 74 ground mounted solar modules totalling 20,000 ft2 (1858 m2) in size on the farm site, with a variance to the size and setback. In addition, an existing 120 ft2 (11 m2) pumphouse with a variance to the setback, on lands legally described as NW 30-14-13 W4M. Any additional development shall require prior approval of a separate permit application. b) This approval is effective on January 30, 2018. The approved development must be located as shown on the site plan and must be built according to the description provided with this approval. Any changes to that plan or description shall require the written approval of the Development Authority. c) That the property is not used for conducting a business or commercial operation without first obtaining the required permits. d) There are no operating well sites within 100 m (328 ft) of the proposed development site. e) That the height of the solar array structures does not exceed 12 ft (3.6 m), a variance of 4 ft (1.2 m) from 8 ft (2.4 m) f) That the following setbacks on all sides are maintained for this development: Side (north): 8 ft (2.5 m) g) That there is a 10 ft (3 m) separation distance between any other buildings or structures on the parcel. h) The developer must start construction before January 30, 2019. In the event that this date cannot be met, the developer may be required to apply for a new permit. Notification to Landowner: The County Fire and Emergency Services Manager has noted that the Fire Department will treat this installation as any other electrical fire and will not fight the fire until the energy source can be de -energised. Alternatively, the landowner may prepare an Emergency Response Plan, to the satisfaction of the County Fire and Emergency Services Manager, to support fire fighting services. MOTION CARRIED 9. POST AGENDA ITEMS There were no post agenda items. 10. IN CAMERA There were no in camera items. 11. QUESTION PERIOD B. Allred, Solar Optix representative, responded to questions about the construction, C operation, maintenance and disposal of solar facilities. B. Allred explained that solar 6 Page 6 of 7 Municipal Planning Commission January 11, 2018 modules are designed to last approximately 30 years, he was not able to provide information about remediation or disposal of the modules. He stated that the modules on C. Chomistek's land are similar to those in operation along the north side of Highway 1. He added that solar panels are called `modules' and a group of them is an `array'. In addition, southern Alberta is the 61 best location in the world for potential solar power generation because solar modules are at top performance on cool, clear, sunny days, which is in abundance in this area. B. Allred concluded with an offer to provide an education session to councillors about solar facilities and production. 12. ADJOURN Being that the agenda matters have been concluded the meeting adjourned at 10:56 a.m. Signed by the Chairman and Director of Corporate Services this a b Day of 2018. 0 Page 7 of 7 C-)