burnco gravel pit in parkland county
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mrrgn,
ubdivision and Development
Appeal
Board
53109A
Hvry779
Parkland
County,
Alberta
T7Z
lR1
Email:
sdab@parklandcounty.com
PARKLAND COUNTY
SUBDIVISION AND DEVELOPMENT APPEAL BOARD
File
No
Appeal
by:
14-D-446
Lynne, Harvey, Sara,
and Jason Scheideman
Lynne
Scheideman on behalf of Community Group
Minnie
and Bruce Fielhaber
Glenn lssac,
North Saskatchewan Riverkeeper
Glen Schiltroth
Zabrina
Gibbons on behalf of Gunther, Emily
and Ethan Tondelier
R. Roy
and Sharon Topping
Kristi Anderson, Mewassin
Community Council
Hearing
date:
January 19 and 20, 2015
Decision
date:
January
29,2015
Members
present
Mark Gunderson
Darrell Hollands
Richard
Underwood
Tracey Melnyk
Dianna Mattson
Jackie McCuaig
DECtStON
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Notice
of
Decision of the
Subdivision
and
Development Appeal
Board
Basis
of appeal
There were nine appeals
filed
with respect to an approval
by
the
Municipal Planning
Commission
(the
Development
Authority )
of
a
development
permit
application
made
by BURNCO Rock Products Ltd. for
a
development
permit
for
a
Natural Resource
Extraction/Processing
use
(Gravel
Extraction) on
portions
of
the
NW,
SW, & SE 36-51-
03-W5; NW, NE,
&
SE
26-51-03-W5; Plan
0022781;
Blk 1
,
Lot
1;
Plan
0022781,
Blk2,
Lot
1.
and Plan 9620357, Lot 5
(the
Proposed
Site ).
One appeal was withdrawn
prior
to
the continuation of the
hearing
on January
19,2015.
Description
of
Application
The
appeal before the Subdivision and
Development Appeal
Board
( Board )
deals
with
the approval
by
the
Development
Authority of
Development
Permit
14-D-466
(the
Development
Permit) for
the development of a
Natural Resource Extraction/Processing
Use
(Gravel
Extraction)
on
portions
of the
NW,
SW, & SE 36-51-03-W5;
NW, NE,
& SE
26-51-03-W5;Plan
O022781,
Blk 1, Lot
1
;
Plan 0022781,
Blk2,
Lot
1
;
and
Plan
9620357,
Lot
5
(the Proposed
Site ).
The properties are zoned ANC
-
Agricultural/Nature Conservation District in Parkland County Land Use Bylaw 20-2OO9,
as
amended.
Natural Resource Extraction/Processing is
a
discretionary use
in
the
ANC
District.
The
Proposed
Site is
approximately
311
ha
(768
acres)
in
size
and
is bordered
by
agricultural lands to
the east and
west,
Highway 627 to
the
north and
the
North
Saskatchewan River to
the South.
Currently,
the
Proposed Site is being used
for
agriculture.
The
Development Permit was approved
by
the Development Authority on October
20,
2014.
Notice of the
issuance
of
the decision
by
the
Development Authority was mailed
to adjacent landowners on October 23,2014.
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Adjournment
The
hearing
was
commenced on December
2,2014.
The hearing was
adjourned until
January 19,2015.
Submissions were heard
by
the Board
on January
19
and
20,2015
The
hearing
was
closed on January
20,2015.
Hearing
The
Board heard verbal submissions from
K. Kormos, Development
Officer,
Parkland County
M. Frigo,
Senior Planner, Long Range
Planning, Parkland
County
B. Backstrom,
Community
Peace Officer
(Gravel
Haul),
Parkland County
L.
and H. Scheideman,
appellants,
in
favour
of the appeal
L. Scheideman,
on behalf
of
Keephills
Community Group,
appellants,
in
favour of the
appeal
M
B. Fielhaber,
appellants,
in
favour
of
the appeal
G. Schiltroth and
C.
Sekura,
appellants, in favour
of the appeal
Z. Gibbons, on behalf of G.
E.
and
E.
Tondeleir, appellants,
in
favour of the appeal
R.
S. Topping, appellants,
in
favour
of the
appeal
K.
Andeson,
on behalf of the Mewassin
Community Council, appellants, in
favour of
the
appeal
C. McRae,
an affected neighbour, in favour
of the appeal
R.
Stecyk,
an
affected
neighbour,
in
favour
of
the
appeal
J. Thompson,
an
affected
neighbour,
in
favour
of the appeal
D. K.
Strand, an affected neighbour, in
favour
of the appeal
S. Burns, Chairman
of
the
Board
and owner
of
BURNCO
Rock Products
Ltd,
the
applicant, in
opposition to the
appeal
U. Scheidegger,
Property Manager
Northern Alberta Aggregate
Division, BURNCO
Rock Products,
in
opposition to the
appeal
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Decision:
ln determining
these appeals, the
Board
complied
with
the
provincial
legislation and land use
policies;
the
Municipal
Development Plan, Bylaw 347-2007;
and the
Parkland
County Land Use Bylaw,
Bylaw
20-2009;
had regard
to the
Parkland
County
Environmental
Conservation Master Plan,
Phase
I Background Technical Report;
considered all the relevant
planning
evidence
presented
at the
hearing
and the
arguments made; and
considered
the
circumstances and merits of
the
appeals.
A.
The appeals are
denied
B.
The
Development Permit is issued for
a Gravel
Extraction
and
Processing
use on
ONLY that
portion
of the Proposed Site shown as
Approved
in Development
Permit
No. 14-D-446 on the Plan attached
to
and
forming
part
of this decision
(the
Plan ).
C.
The
approval
is
subject to the
following
conditions
Conditions
1.
Pursuant to
Section
12.12(1Xb)
of the Land Use Bylaw this approval shall
be
subject to the area of disturbance shall be
greater
than
5.
t
ha
(12.5
acres) but
no
greater than
approximately
18 ha (45
acres)
more
or
less. For the purposes
of
this Condition the area of disturbance means the total are
of those
portions
of
the
Proposed
Site being
prepared
for
excavation, being excavated
and
being
reclaimed at any one
time.
a
a
a
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2.
This
approval
is CONTINGENT
on the applicant obtaining Code of
Practice for
Pits
approval from
Alberta
Environment and
providing
Parkland
County
with
a
copy of that approval.
3.
The applicant shall ensure
any
and all
provincial permits
and/or
licenses
necessary for the operation of the Gravel Extraction and Processing
Use are
obtained and remain
current,
which
shall
include
but
not
be
limited
to approvals
from Alberta Environment, approvals under the Water Act
(if
required)
and
approvals
from Alberta Transportation.
4.
There shall be no clearing of
trees
between
April
1Sth
and July 31st
as
required
by the
Alberta Wildlife
Act and the Migratory Birds Convention Act.
5. Prior to entering into an lndustrial Haul Agreement the applicant shall enter into a
Development Agreement regarding the requirement to make improvements
to
Range
Road
31,
upgraded to an industrial standard, acceptable
to
Parkland
County Engineering Department.
6.
The applicant shall comply
with
Parkland
County s
Dark Sky Outdoor Lighting
Policy for
the
life
of the
project.
7.
This
approval
does not
allow
for
any
road
closures
8.
The
applicant
shall
enter
into
an
lndustrial
Haul
Agreement with Parkland
County,
prior
to commencing
hauling
operations
from
the
pit,
and
provide
such
security as
required
by
Parkland County.
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9.
Hours for Haulinq
The
removal of
sand and/or
gravel
from
the
pit
location
hauling)
shall take
place
only within the hours specified
by
the development
authority:
6:00
a.m.
to
6:00
p.m.
Monday
to
Friday
8:00 a.m. to
4:00
p.m.
Saturday
No hauling
on Sunday
10. Hours
of Operation
The
hours of operation for
the
pit,
including
extraction,
reclamation
and the
processing
crushing)
of
materials shall
be:
24
hours/day six days/week
Six
6)
days
is
defined as 6:00 a.m. Monday to 6:00
p.m.
Saturday
No
operations from 6:00
pm
Saturday until 6:00 am Monday
11.
Dust and Noise
The
applicant shall
a)
conduct operations
in
a
manner
that ensures that the
noise level
or
continuous sound from the operations
shall
not, either
during the day or at
night
time,
exceed
55 decibels
dBA)
Leq
when measured
at
the
property
line
between
the
site and adjacent
land.
Sound
levels
shall be
measured
by
a
Sound
Level Meter
as defined
in
the Community Standards
Bylaw. ln
order to
achieve this
sound
level
the
applicant
shall
use methods to minimize
or
reduce noise
created
by
machinery
and equipment
including
but not
limited
to
enclosing crushers in
a
sound
and
dust control blanket enclosure,
installing
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sound absorbing
baffles on electrical
generating
sets and using rubber liners
on conveyor belts
at transfer
points.
b)
lnstall sound monitoring
equipment on the
site
to
conduct ongoing 24 hour
monitoring
of
noise levels
at
the
site and
provide
the results of
this data to
Community and Protective
Services
by
the 1Sth of
each
month for
the
previous
month;
and
c)
Ensure compliance with
the Environmental Protection Enhancement
Act
regarding
dust and
air
quality.
12.
The applicant
shall
post adequate signage to alert to
the
possible danger from
open
pits,
etc. This
signage shall also include
company name and
emergency
contact
phone
numbers.
lt shall be
the sole
responsibility
of the
applicant to
ensure that such signs and fences and
boarding are
put
in
place
as the applicant
shall consider
necessary
to
protect
the
public
generally
and
the
residents
of the
area
in
particular
from
any danger arising
as a
result
of the development.
13. The applicant
shall
preserve
all existing stands
of trees and shrubbery outside
the development area for environmental and sound attenuation purposes.
14.The
property
shall
be securely
gated
and locked when not in
use
15.Weed
control measures
are to be
in
place
for life
of
pit.
The
applicant shall
consult
with Parkland
County's
Agricultural
Services to develop
and
implement
an active weed control
program
for the
gravel
pit
operation.
16.
The
applicant shall keep the
area, subject
to
the development
permit,
in
a clean
and tidy condition free
from
rubbish and non-aggregate
debris, including
any
required
screening
or
buffering to
the satisfaction of the Development Authority,
at
alltimes.
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17.Trucks
while
hauling
shall
be numbered
and
properly
identifiable to the
satisfaction of
the
Parkland County.
18.The
applicant shall ensure that alltrucks/haulers associated with
this
development are registered with the Alberta
Sand and GravelAssociation
Central
Truck Registry
Program.
19. No aggregate extraction shall be located within 10 m
33.0
ft)
of any
public
road,
unless othenryise approved by the Development Authority.
The Development
Authority may require certain buffering/screening measures
occurwithin
this
setback.
20.Any
changes or additions to
this
permit
shall
require
a
new
development
permit
application.
21.
Failure
to
conform to the conditions of
this
permit
will
render it
null
and
void
22.The applicant shall ensure that the Aggregate Production
Quarterly
Report
is
submitted
to
Parkland County
as
per
the specified conditions and
time
lines
in
Bylaw
No.2014-14.
23. This
approval
will
be time-limited for two
2)
years,
at which
time
the
permit
may
be renewed at the discretion of the
development authority.
24.The applicant shall
provide
a
revised
operation
plan
showing
revisions
to
cell
or
phases
as a
result
of the
reduction in
the
size
of
the
area
for
the natural resource
extraction
use
gravel
extraction)
from
the original area
proposed
by the
applicant
to the area approved
by
the
Board for
development of the
gravel
extraction
use.
The
revised
operation
plan
shall be
provided
to Parkland County concurrently
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with the execution of the Development Agreement required
pursuant
to Condition
5
of
this approval.
25.
Alternative Water
Supplv
Should any
nearby
water
well
users advise
the applicant that they believe their
water
supply
has
been negatively impacted due
to the
gravel
extraction activity
the applicant
shall:
a)
provide
a
user
with
a temporary alternate supply
of
potable
water
within
eight
(8)
hours
of being advised
the
user
is
without
water.
The
temporary alternate
supply
shall
include water
suitable for livestock
if
the impacted well
also
supplied water to
the
user s livestock.
b)
hire
an
independent
consultant
within 10
days to determine the
cause of the
problem;
and
c)
provide
the
user
with
a
permanent
alternate water
supply unless the outside
consultant determines
that the
gravel
extraction activity has had no impact
on
the user s
water
supply
26. No
aggregate extraction shall be located
within
30 m
(98.5
feet)
of the banks
of
Wabamun Creek and
the
Un-Named
Creek.
27 .This
approval does not include approval for
the
activities
of asphalt mixing
or
spraying truck boxes.
Reasons:
The Board
considered the
written,
verbal and
photographic
evidence
submitted.
This
included the answers to question Board members asked
of
the presenters.
The
appeals
pertain
to an approval by the Development Authority
of
Development Permit
14-D-466
approving
the
development of
a
Natural
Resource Extraction/Processing
Use
(Gravel
Extraction)
on
the
Proposed
Site. The
Proposed
Site is
zoned ANC
-
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Agricultural/Nature
Conservation District in Parkland
County Land Use Bylaw 20-2009
as
amended.
Natural Resource
Extraction/Processing is
a
discretionary use
in
the ANC
-
Agricultural/Nature
Conservation
District.
Gravel extraction
and
processing
clearly
falls within
the
Natural Resource
Extraction/Processing
use class.
Preliminary lssues
Adiournments
The hearing was
convened
on
December
2 2014 and
then
adjourned
to January 19
2015. The
adjournment
was
granted
in
response
to the
request
of one of the appellants
who
indicated to
the
Board
that
he had not
had sufficient
time to
prepare
for
the
appeal.
The
date
of
January 19 2015
was selected and
the
Board indicated
that
no
further
adjournments would be
allowed.
The
Board
directed that
allwritten
submissions be
fonuarded to
the
Board
by
January
8 2015
in order to allow time for
submissions to
be
made available
to the
public
for review.
On January 19 2015
one of the appellants again requested an
adjournment
indicating
that because
of their absence
from
the country during
the
holiday
season they had not
had sufficient time to
prepare
for
the appeal. The Board noted that
the
Board had
taken
into account the appellants absence from
the country
in
setting
the
date for the
continuation of the hearing. The
Chair
further indicated
that the Board had
been
very
clear back in December
that
no
further
adjournments would
be
allowed.
The
Chair
indicated
that the hearing would
proceed
as scheduled.
Composition
of
the
Board
The Chair
introduced
the
new member
of
the Board that had not
been on the
panel
of
the
Board
that commenced the hearing on December
2 2014
Richard
Undenryood and
asked
if
there were any objections
to
his hearing
the
appeal. No
objections were
raised
The
Chair asked all those
in
attendance
if
there
was
any opposition to the composition
of the Board.
One
appellant raised
objections to Councillor T. Melnyk
and Councillor
D
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Hollands
sitting as
members
of
the Board. With
respect
to
both
Councillors the
appellant
questioned
whether
the Councillors had an open mind
on the
issue
of
gravel
extraction as both
had
made
comments
previously
that led the
appellant
to
believe
that
the
Councillors had likely already made
up
their mind to approve
the
Development
Permit.
The comments
by
the
Councillors
were made
outside of the
hearing
on
previous
occasions
when
the Councillors
were
acting
in
their capacity as Councillors.
The
Chair
requested
comments
from
both Councillors
in response
to the appellant s
objection.
Both
Councillors indicated that they believed that they did have an
open
mind;
they
had not made
a
predetermination
as to the outcome of the hearing and
would
base their decision on the evidence they heard at the hearing. ln view
of the
comments from
the
two
Councillors, and
in
the absence of
further
or ongoing objection
from the appellant, the Chair concluded that
the
hearing
could
proceed
with the
Board
members
present.
Merits
Appellants
Subm
issions
On November
5,
6 and 7,2014
the
appellants
filed notices
of appeal to appeal the
decision of
the
Development Authority approving
the
Development Permit for
a
Natural
Resource Extraction
and
Processing Use (Gravel
Extraction).
Nine
appeals were filed.
As
of the continuation of the hearing on January1g,2015 one
of
the appeals had
been
withdrawn.
The
appeal notices cited, as reasons for the appeal:
.
non-compliance with
the Municipal Development
Plan;
.
traffic safety and concerns
with
the
increase
in
the traffic volumes on Highways
627 and77O;
.
adverse
impact
on the environment and
in
particular
adverse
impact on
the North
Saskatchewan
River
and the Sturgeon Hole Reach Environmentally
Significant
Area
(identified
in the
Parkland County Environmental
Conservation
Master Plan
as an
Environmentally
Significant
Area
of
national importance);
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.
loss
of agricultural
land;
.
reduction
in
the value
of
property;
o
development is
proposed
for the flood
plain;
o
destruction of
the
valley
and loss
of
natural
amenities in the
neighbourhood;
.
noise; and
o
potential
impact
on water supply for neighbouring
properties.
The appellants
provided
detail
to the
Board
with respect
to the
grounds
of appeal
during
the course of the hearing.
Supportinq the Appeals
Those
who
spoke
in
support of the appeals
expressed
concerns similar to
those
of the
appellants.
Applicant s
Subm
issions
Representatives
of
the
applicant
provided
an over view
of the
proposed
development,
spoke of
the
need
for
aggregate
in
the
Edmonton
Area,
provided
an indication
of
BURNCO s
plan
for responding
to
users complaining of loss
of
well
water, explained
the
traffic impact
assessment
that
had
been completed
and answered
questions
from
the
Board on
the
potential
environmental impact
of
the development. The
applicant asked
that
Condition
23
of the Development Authority
approval
be deleted. Condition 23
of
the Development Authority
stated:
This
approval will
be time-limited for two
(2)
years,
at
which
time
the
permit
may
be renewed
at the discretion of the
development authority.
Supportinq the Application/Refusal
of
the appeal
The individuals
who spoke in
support of the
application
identified
the need for
aggregate
in
the
province,
indicated
that in
their opinions
(non-expert)
that the time
to undertake
the aggregate extraction
was
now
and expressed
the
view
that the
reclaimed
land
would
become
a
natural
attraction and complement
the
river
valley.
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The submissions of all of the speakers,
whether for
or
against the appeals, are
summarized
in
the
Minutes of
the
Meetings
for
the Parkland County Subdivision
and
Development
Appeal Board for
January
19,2015 and January
20,2015.
Analysis
The
Board had
regard
to
the
following sections of
the
Land
Use
Bylaw,
Bylaw
20-2009
Part
6 Glossary
Section
20 Terms and Words
NATURAL
RESOURCE EXTRACTION
/
PROCESSING means development for the
removal, extraction and
primary processing
of
raw materials. Typical resources and raw
materials would include oil and
gas,
peat,
sand, silt and
gravel,
shale,
clay,
marl,
limestone,
gypsum
other minerals
precious
or
semi-precious,
timber
and coal.
Typical
facilities
or uses
would include
gravel pits and
associated crushing operations),
asphaltic
processing,
sand
pits,
clay or
marl
pits, peat
extraction,
stripping of topsoil,
sawmills
and
related timber/wood
processing.
Part2
Land
Use
Districts
4.2.
ANC
-
Agriculture/Nature
Conservation District
1.
Purpose
To
protect
areas
with
distinctive
natural features and/or resources, such as the North
Saskatchewan and
Pembina River valleys,
Atim
Creek
/ Big Lake floodplain,
and other
areas with comparable
natural features
and/or
resources,
while
providing
opportunity
for
compatible agricultural and non-agricultural
land
uses.
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PERMITTED
DISCRETIONARY
NOTES
Note: Gray
shading denotes Discretionary Uses
sub, ect to
Development
Authority
(excluding
D
eve
I
op me
nt Off
ce
r) Ap
p
rov
al
NaturalResource
Extraction/Processing
Compliant
with Section
12.12
Natural Resource
Extraction/Processin
g
2.
Uses
Part
3
Development
Regulations
Section l2
Specific Use Regulations
12.12.
Natural Resource
Extraction / Processing
1. Notwithstanding
the
Permitted
and
Discretionary
Uses
prescribed
within
the various
land
use districts within
this Bylaw, sand and/or
gravel
developments
contained
within
the
Natural Resource
Extraction/Processing
use
provision
shall be neither
permitted
nor
discretionary if
proposed
in
the following:
a)
within
a
multi-parcel
residential
subdivision or within 304.8 m
(1,000.0
ft) of
the
boundary of a multi-parcel residential subdivision or
a
row housing
development. Notwithstanding the
aforementioned, extraction
and
reclamation
only uses
and activities
(i.e.
no washing,
crushing,
processing,
etc.)
may
be
permitted
on a discretionary
basis
within
304.8 m
(1,000.0
ft) of
the boundary of a multi-parcel residential
subdivision or
a
row housing
development; and
b)
where
the sand and/or
gravel
pit
and associated activities have
a disturbance
area of less than
5.1
ha
(12.5
ac) on a
parcel.
Therefore,
allsand and/or
gravel pits
shall
require
municipaldevelopment
permit
approval,
but
reclamation issues,
including
performance
security, shall be under the
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provincial
jurisdiction
of
Alberta Environment
and Sustainable
Resource
Development.
2. The Development Authority shall require as a condition of development
permit
approval for a
new
or
renewal
aggregate extraction
use, or an expansion to an existing
aggregate extraction operation, that the applicant s)
acquire all
necessary
provincial
permits
and approvals
pertinent
to the
proposed
development.
Further,
the
applicant s)
shall be required to supply
a
copy of any such
provincial permit
or approval to the
County for its records.
3. ln
considering
whether
to approve aggregate extraction as
a Discretionary
Use,
as
described
in
Subsection 16.5 of
this
Bylaw,
the
Development Authority may
also
consider
the
uniqueness of each application
for
a
new
or
renewal
aggregate extraction
use, or an expansion to an existing aggregate extraction operation,
and
have additional
due regard for the following:
a) the
purpose
of this
Bylaw
and
the
general purpose
of the
district in
which the
development
is located and the future use of the site as
proposed
in
a
reclamation
plan;
b) the
provisions
of the Municipal Development Plan and any
relevant
statutory
plan;
c)
relevant
guidelines prepared
by
Alberta Environment and their comments
on
applications
made for
provincial
approval;
d)
the desirability
to
utilize the aggregate
resource as a regional benefit;
e)
conservation of topsoil
for
agricultural
use
on
this or another
site;
0
conservation of designated
historical resources;
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(ii)
ensure compliance
with the Environmental Protection
Enhancement
Act regarding
dust and air
quality.
6. The
applicant(s) shall
locate
appropriate safety and traffic signage on and about the
subject site and
road
accesses, to the satisfaction of
the
Development Authority.
7.
An lndustrial
Haul
Agreement, between Parkland
County
(Public
Works
Operations
Department)
and the
land
owner/developer
of
aggregate extraction
incorporating,
but
not
limited to, such things as haul routes, maintenance, dust control,
security, signage,
participation
in
the
Alberta
Sand and GravelAssociation
central
truck
registry
numbering
system, notification to local residents, and other related clauses is required
as a condition of
a
development
permit.
8. Hours for Hauling
a) The removal of sand and/or
gravel
from the
pit
location
(hauling)
shall take
place
only within the hours specified by the Development Authority. The
Development
Authority
shall have
regard
to
but
is
not bound
by
the following
guidelines:
(i)
6:00 a.m. to
6:00
p.m.
Monday
to
Friday
(ii) 8:00 a.m. to
4:00
p.m. Saturday
Section
12
Specific Use
Regulations
-
July
8,2014
149
(iii)
No hauling
on Sunday
9.
No new
aggregate extraction or expansion of an existing operation shall be located
within 20.1 m
(66.0
ft)
of
any
public
road,
unless othenruise approved
by
the
Development Authority. The
Development
Authority
may require certain
buffering/screening measures occur within this setback as outlined
in
Subsection
12.12.10
below.
10. All stripping, excavation,
and
grading
shall be in
conformancewith
Subsection 11.8
of
this Bylaw.
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11.
The
applicant shall keep
the
area, subject
to
the development
permit,
in a clean
and
tidy condition
free from
rubbish
and
non-aggregate
debris,
including
any required
screening or buffering to
the
satisfaction
of
the
Development Authority,
at all times.
12.
Approval Timelines
a)
Development
permits
for the
purpose
of sand and/or
gravel
extraction
in
Parkland
County will be time-limited for a maximum
of two
(2) years
for a
brand
new
operation,
with
subsequent renewals of
up
to a
maximum
of
Alberta
Environment and Sustainable Resource Development reclamation
approval
period, provided
there have been no significant issues with
the operation.
b)
Wth respect
to aggregate
pits
that currently hold a valid
development
permit
as of the date of adoption of this Bylaw, these
pits
are allowed to continue,
however,
any application for a renewal of a
time
limited
development
permit
or
amendment to a
permit
shall be subject to
the
provisions
of this Bylaw.
The Board
considered whether
the
proposed
development
complied
with
the Municipal
Development Plan, Bylaw
37-2007
having
particular
regard to
the
following
sections:
Policy
2
Agricultural Lands
Goal
To
protect
and enhance the County s valuable agricultural land resource,
the agribased
economy
and the
rural lifestyle, while
still accommodating appropriate nonagricultural
land
uses.
Policy 5
lndustrial
and Commercial Development
The
importance of aggregate resource extraction
operations
is recognized
by
the
province
and
Parkland
County. The County
also
recognizes
that
resource
extraction
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may
be
a
temporary
use of the land so
that
it is important
that adjoining land
uses, as
well
as the
environment, are not
adversely
impacted
by
extraction activities
and that
future
reclamation
is
carried out according
to
Provincial
and
County standards.
Resource Development
Policies
Protect
Resource
Extraction
Areas
Locational Criteria
Policy
6
Environmental
Management
Policy
6.2
Biophysical Assessment
5.13
New
subdivision
and development,
particularly
residential,
may
be
directed away from
active
and
potential
non-renewable
surface
resource
extraction areas
so as
not
to
conflict, or
constrain, the extraction
of the resource.
5.14
Resource
extraction
development
proposals
may be discouraged
in
close proximity
to
hamlets,
predominantly
residential
areas
or in areas which
are known
to
possess
historical resources
and/or
unique
environmental features
that would
be
disturbed
or destroyed
by
resource
extraction.
6.2
A
Biophysical Assessment
will be
required
for
a site
proposed
for
a
Multi-parcel
subdivision or
a
major
development if
all or
part
of
the site is located
within
areas defined
as environmentally
significant
in
the Environmental
Conservation Plan
see
Map
5),
and
may
be required within
0.8 km
of areas
defined as environmentally
significant
in
the
Environmental
Conservation Plan,
or if the site
contains natural
features
such as sloughs
or
extensive tree
cover. The
biophysical assessment
shall identify
and evaluate
the environmental
significance
and sensitivity of existing vegetation,
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wetlands, other water features, wildlife
habitat and
unique
physical
features,
and shall
recommend
appropriate
measures
for
protecting
significant
features.
There was no area structure
plan
applicable to the Proposed Site.
The Board
acknowledges the
written
and oral submissions
of all
parties.
The Board
considered
all
relevant arguments
and
relevant
evidence
whether in
support
of or
against
the
appeals
of
the decision of
the
Development Authority.
The
proposed use,
Aggregate
Extraction and
Processing
Gravel Extraction), clearly
falls
within the Natural Resource Extraction/Processing
use
class.
The Proposed Site
is
zoned ANC
-
Agricultural/Nature
Conservation
District
in Parkland County Land
Use
Bylaw 20-2009,
as
amended.
Natural
Resource Extraction/Processing
is
a discretionary
use
in
the
ANC
-
Agricultural/Nature
Conservation
District.
Having
considered the
provisions
of the Land Use Bylaw,
the
Board has
determined
that it
has
jurisdiction
to
grant
the
Development Permit
provided
that the Board is
satisfied that
the discretionary
use of aggregate extraction and processing
is
appropriate for the Proposed
Site
given
relevant
planning
considerations such as, but
not necessarily limited
to, the
policies
of the
Municipal
Development Plan,
the
impact
the
proposed
development will have
on
surrounding
land
uses,
the
impact of the
proposed
development
on the environment and
the
potential
traffic
impacts
of the
proposed
development.
The
Board concluded
that the
proposed
development
complies
with
the
policies
of
the
Municipal Development
Plan. The
Board is
cognizant of the fact that there is a
potential
conflict between the
policies
related to the
preservation
of agricultural
land
and the
recognition
in
the Municipal Development Plan of
the
importance
of aggregate
resource
extraction operations.
ln
this
instance,
the Board
is
satisfied
that
the temporary
use of
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the
Proposed
Site
for
aggregate extraction
should be approved. Portions
of the
Proposed
Site
will be reclaimed for
agricultural
purposes
thereby
supporting
the
policy
of maintaining
agricultural
land
as a county
resource.
There
are farm residences
adjacent to the
Proposed
Site but the
area
is not
predominantly
residential.
Rather the
surrounding area
is
agricultural in nature
being bordered
by agricultural lands to the
east
and
west, Highway
627 to the north and
the
North
Saskatchewan River
to the
South.
The Board
considered
the
fact
that
the
Parkland
County Environmental
Conservation
Master
Plan, Phase 1 Background Technical
Repoft identified
the area around the
Proposed
Site as
the
Sturgeon
Hole Reach,
a
nationally
significant Environmentally
Significant
Area.
Having considered
the
representations of
the
appellants
the
Board
was
concerned, though not
convinced, that an aggregate
efraction
use immediately
adjacent to
the
North
Saskatchewan River might have
an adverse impact
on
the
Sturgeon
Hole
Reach.
The Board noted that
the biophysical assessment
submitted
with
the application
(Highway
627
South
-
Phase
1
Environmental Baseline
Study
-
Westworth Assocrafes
Environmental
Ltd., August
2003)
did not specifically
consider
the
Sturgeon Hole
Reach. Without
specific evidence
to
prove
that the
proposed
use
would
not cause irreversible
damage to the Sturgeon Hole Reach
the Board s
considered how best to
alleviate
its
concerns about
the
possible
risk
to
the
Sturgeon
Hole
Reach.
The
Board concluded
that the
potential
negative impact
of the aggregate
resource
extraction/processing
use could be reduced
by creating a
greater
separation
between
the areas to be excavated
and
the
North
Saskatchewan River.
Consequently
the
Board
decided to limit
the area that can be developed for
aggregate
extraction/processing
under this approval
to the area shown on
the
Plan.
lf
or
when
this
Development
Permit is renewed
(as
anticipated
by Condition
23,
of this approval)
further
consideration can be
given
to
how the
Sturgeon
Hole Reach
can
be
best
protected.
The
Board
also
noted
that limiting the size
of the
proposed
development would reduce
the
impact of
the
proposed
development with respect
to the
potential
loss of agricultural
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land
and the negative impact the development might
have on the surrounding area.
Further,
by
creating
greater
separation
between the North Saskatchewan River and
the
site of the excavation activity the threat of a catastrophic
destruction of
the
river bank
in
the event of flooding is reduced. By limiting
the
size of the area of
disturbance,
as
provided
in
Condition
1,
the
negative visual
impact of
the
proposed
development
is
reduced
as
the entire area cannot be left
in
an excavated
state.
The applicant
will need
to
engage
in
ongoing
reclamation
in
order to satisfy
Condition
1.
The
potential
impact
of the traffic from the
proposed
development,
particularly
the
gravel
truck traffic, was a major concern for the
appellants.
The
Board has
no
doubt that
over
the
past
ten to twenty
years
the volume
of
traffic on Highways
627 and 770 has
increased.
However,
the
Board
was
not
convinced that the additional number of gravel
trucks travelling on the two
highways
as a result of
the development
would mean
that
the utilization of the
highways
would exceed the capacity
of the highways. There was
no
evidence
provided
to the Board that Alberta Transportation,
the
provincial
department responsible for the
operation of the
highways,
had expressed concerns
about the existing
volume
of traffic on the highways
or concerns
with
respect to the
addition of
gravel
trucks from the
proposed
development travelling on
the
highways.
The Board noted
the evidence of the applicant
that its
gravel pit
operation
in
Genesee
will
be winding down as
the
development
of
the
proposed development ramps
up.
The
Board was
satisfied,
given
this evidence, that
any
impact from
the addition of
gravel
trucks serving
the
proposed
development
would
be offset
by
the
reduction
in
gravel
trucks
from
the Genesee
gravel
pit
operated
by
the applicant.
The Board was
swayed
by
the concerns of the residents with respect
to the
potential
noise from the
proposed
development. ln response
to
resident
concerns the Board
varied Condition
11
from the
condition
imposed
by the Development Authority
and
has
imposed
the
requirement
that
noise from
the operation of
the aggregate extraction and
processing
use
should
not exceed
55 decibels
dBA)
Leq. This level of noise was
selected
as that
is
the maximum
sound
level
permitted
in residential
areas
pursuant
to
the current Parkland County Community Standards Bylaw.
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Beyond
its request that
Condition 23 should
be
deleted the applicant
provided
no
evidence
to the
Board
that the requirements
of the Land Use Bylaw
in this
regard
should
be varied. Without
evidence to support
the
waiver
of
this
requirement
the
Board
was
not
willing
to exercise its discretion
to
vary
the
time
limit imposed
on development
permits
for
aggregate
resource
extraction uses
in
the
Land Use
Bylaw.
Gonclusion
Based
on the evidence before
it
the
Board
is
satisfied that with
the
reduction
in
the
size
of the area approved for
development of the
aggregate
resource
extraction
use and
the
conditions
that
have
been attached
to this Development Permit
an aggregate
extraction and processing use
is
an appropriate
use
for
portions of
the
Proposed Site.
Whether
the
gravel
extraction and
processing
use continues to be
an
appropriate
use
will be re-evaluated
at
the expiry of
the term of the Development Permit
assuming
that
the
applicant applies to renew
the
Development
Permit.
M. Gunderson
Chair
SUBDIVISION
AND
DEVELOPMENT
APPEAL
BOARD
This
decision may be appealed
to
the
Court
of
Appealof
Albeta
on a
question
of law
or
jurisdiction
pursuant
to Section
688
of the
Municipal
Governmenf
Act R.S.A.
2000 c. M-26.
This
section requires
an application
for
permission
for
appealto be
filed
with
the
Coutt
of
Appeal
of
Alberta
within 30 days
of
receipt
of
this
decision
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* *O*h.ue
LEDUC COUNTY
sri,
HRE,
Delorme,
Mapmylndia, @
Burnco
-
Development
Permit
No.
14-D466
Approved
in Development Permit
No. 14-D-446
ffi
R rou d
from Development Permit
No. 14-D-440
Environmentally
Significant Areas
Map Scale:1:60,000
Date
Saved:
Wednesday,
Januaty 28,2015
Document Path:
G:\GlS\Projects\Environmenta
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county
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