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Rezoning application withdrawn

Posted on March 21, 2017 by Sunny South News

By Stan Ashbee
Sunny South News

On Mar. 2, a public hearing was held for Lethbridge County’s Bylaw #1485. The bylaw was an amendment to the Land-Use Bylaw from Rural Agriculture (RA) to Rural Heavy Industrial (RHI) for a portion of LSD 10 in NE 25-9-23-W4. Council heard from both the applicant, Tollestrup Construction, and residents located in the proximity to the proposed area. The rezoning application was for a portable asphalt plant northwest of Coalhurst. Some residents in opposition of the bylaw’s amendment expressed concerns including rezoning could perhaps one day open the coulee to further heavy industrial development and dust, odour, air quality, environmental contamination and property values were also of concern.
On Mar. 10, county administration was informed by the applicant they were withdrawing their application, as the applicant indicated they will be reviewing their options regarding property including the possibility of applying in the future to redesignate the parcel to Heavy Industrial or Direct Control, according to a report submitted to council for consideration.
At a council meeting held Mar. 16, council passed the motion to receive the withdrawal of application report as information. Hilary Janzen, from the county’s Community Services department noted to council the applicant did not indicate any reason for withdrawing the application in a letter submitted to the county.
Once the application is withdrawn for an amendment, Janzen added, the application for the amendment is finished.
“An applicant can withdraw their application at any point in time, as long as it’s done in writing. You don’t have to do anything else. Council isn’t obligated to do anything at this point in time. Once the application is withdrawn, it’s just done. There’s nothing else to decide on,” she explained.
Janzen pointed out because the applicant hasn’t received a decision from council, the applicant can decide at anytime for the same thing or something different.
“That’s their perogative and that’s an applicant’s right to do that. There’s nothing under the MGA saying once you’ve started the process, it has to be fully carried out,” Janzen said.
Janzen said the applicant would have to reapply to the county.

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