TABLE OF CONTENTS

Subdivision and Development Appeal Board

1. AGENDA ......................................................................................................................................... PAGE 1

AN APPEAL OF CONDITIONS OF APPROVED DEVELOPMENT PERMIT RENEWAL – 82-D-019

2. LETTER OF APPEAL ......................................................................................................................... PAGE 2

3. SUBMISSION OF THE DEVELOPMENT AUTHORITY ........................................................................ PAGE 3

4. SUBMISSION OF THE APPELLANT/APPLICANT ................................................................. NONE RECEIVED

AGENDA

SUBDIVISION

AND

DEVELOPMENT APPEAL BOARD

Monday, January 29, 2018 - 4:00 P.M. Council Chambers, Parkland County

1) Call to order

2) Members Present

3) Adoption of Agenda

4) Adoption of Minutes

I. September 11, 2017

II. September 25, 2017

III. November 6, 2017

IV. November 20, 2017

5) 4:10 P.M. Appointment

I. An appeal of conditions of approved Development Permit 82-D-019 for

Continuing the Use of Natural Resource Extraction/Processing at 4229

Township Road 504, NW-22-50-4-W5M.

6) Next Meeting – None scheduled

7) Adjournment

Page 1 of 33

Letter of Appeal Border Paving Ltd.

Subdivision and Development Appeal Board Page 2 of 33

IIITPHONE (780) 967-3330FAX (780) 967-3333

1-888-SHOTMIX(1 -888-846.8649)

stony@borderpaving.com

December 21,2017

Parkland County531094 Highway 779Parkland County, AlbertaT7Z IRI

BORDER PAVING LTD.BOX227O, STONY PI-AIN, ALBERTA T7Z 1X7

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Attention: Ms. Karen Kormos

Dear Madam:

Re: Development Permit Applicntion B2-D-019N\ry -50-4-WsM

Please consider this letter as our request to appeal conditions number 4, l0 and l2 on the Development

Pennit 82-D-019.

Our cheque for $200.00 will follow from our Red Deer office.

Trusting this is the information you require.

Yours tluly,Paving Ltd.

Eric F. StanierEFS/jh0:201' l lP it I 54/Development Perrnit Appcal

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Page 3 of 33

Submission of the Development Authority

Subdivision and Development Appeal Board Page 4 of 33

Development Authority Written Submission to theSubdivision and Development Appeal Board

Page 1 of 4

Property Address 4229 Township Road 504

Legal Description NW-22-50-4-W5M

Application # 82-D-019

Date of Written Submission January 22, 2018

Applicant Border Paving Ltd.

1. District and Use Class

The subject land is located within Agriculture / Nature Conservation (ANC) District.Within this Land Use District, Natural Resource Extraction / Processing is adiscretionary use in accordance with Section 4.3.2 c) of Land Use Bylaw 2017-18.

2. Policy FrameworkThe land is subject to the Municipal Development Plan (MDP), Bylaw 2017-14. The MDPis the County’s strategic growth and development plan. It provides policy and guidanceto chart the course for the County to accommodate growth and development over thelong term.

The development is generally consistent with the provisions under Section 5 (“EconomicCompetitiveness and Employment”) of the MDP.

The land is not subject to an Area Structure Plan (ASP).

3. Relevant Background

Development Permit No. 82-D-019 was originally approved in 1982 for gravel extraction,processing and reclamation activities in NW-22-50-4-W5M with one (1) year expiry.Since then, this use has been continually approved with varying expiry dates. The mostrecent approval was issued in November of 2012 by the Subdivision and DevelopmentAppeal Board (SDAB), with a condition that it would expire in five (5) years.

On November 27, 2017, Administration accepted a development permit application tocontinue the use of Natural Resource Extraction / Processing use on the subject land(Attachment A). At this time, the applicant did not request any changes to theconditions set out by the SDAB in 2012.

On December 4, 2017, the Development Authority approved this application with thesame set of conditions issued by the SDAB when it approved 82-D-019 in 2012.

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DA Written Submission to SDAB cont …

Page 2 of 4

Application Summary The existing operation being renewed on subject land is part of a larger gravel pitoperation being undertaken on N-22-50-4-W5M and S-27-50-4-W5M for a total of 116hectares (287 acres). The overall gravel pit, including the subject land, is shown inAttachment B.

The applicant has already obtained their registration under Code of Practice for Pitsfrom Alberta Environment and Parks (AEP) and any necessary approvals under theWater Act for the overall pit. The total estimated life of the overall pit depends on marketdemands, and may be extracted up to 2040. Once reclamation is completed, the finallandscape of the overall pit area will comprise of wildlife habitats, hay cultivation areas,and two end pit lakes, with one lake to be located within the subject land.

Appeal Summary The appellant (who is also the applicant) is appealing three conditions under 82-D-019,listed below:

“4. Hours for Hauling The removal of sand and/or gravel from the pit location (hauling) shall take place only within the hours specified below:

7:00 a.m. to 7:00 p.m. Monday to Friday 8:00 a.m. to 4:00 p.m. Saturday No hauling on Sundays

…

10. Trucks while hauling on Range Road 43 shall not use Jake brakes (enginebrakes).…

12. This development permit does not allow for the production of asphalt.”

Specifically, they are requesting to: a) amend the hours of hauling in Condition 4 from“7:00 a.m. to 7:00 p.m. Monday to Friday” to “6:00 a.m. to 6:00 p.m. Monday to Friday”;b) remove Condition 10; and c) remove Condition 12 from 82-D-019.

4. Regulation Review and Discussion

The Development Authority supports the appellant’s request to revise these conditionsfor the following reasons:

Section 12.12.6 (“Hours of Hauling”) under Land Use Bylaw 2017-18 requires thehours of hauling for a gravel pit operation to be:

6:00 a.m. to 6:00 p.m. Monday to Friday 8:00 a.m. to 4:00 p.m. Saturday

Page 6 of 33

DA Written Submission to SDAB cont …

Page 3 of 4

No hauling on Sundays

Changing Condition 4 from 7:00 a.m. to 7:00 p.m. Monday to Friday on theexisting permit to 6:00 a.m. to 6:00 p.m. Monday to Friday makes thedevelopment consistent with the requirements under the current Land UseBylaw.

The nearby gravel operations (on SW and N-21-50-4-W5M) have hours ofhauling that are from 6:00 a.m. to 6:00 p.m., Monday to Friday. ChangingCondition 4 would allow the applicant to be consistent with the hauling hours ofadjacent gravel operations. Consistency in the hauling hours enables the Countyto undertake effective enforcement when needed.

Jake (engine) brake use is required generally by the applicant to ensure safeoperation of vehicles on County roads.

The applicant has been operating asphalt production as part of the gravel pitoperation on the subject land since a development permit was re-issued in 2011.

Based on the above, the Development Authority is of the opinion that these changes, ifapproved, would still allow the permit to regulate the existing development and ensurethat it remains reasonably compatible with the surrounding properties.

5. Recommendations for SDAB Consideration

In accordance with Section 687(3)(c) of the MGA, the SDAB may approve thedevelopment permit application and condition the approval based on evidencepresented during the appeal.

Administration recommends the SDAB to approve Development Permit No. 82-D-019with several conditions amended, as below:

Revise Condition 4 (“Hours for Hauling”) to:

“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 Sundays and Statutory Holidays”

Remove Condition 10: “Trucks while hauling on Range Road 43 shall not useJake brakes (engine brakes).”

Remove Condition 12: “This development permit does not allow for theproduction of asphalt.”

Administration’s complete list of recommended conditions and notes are shownin Attachment C.

Page 7 of 33

DA Written Submission to SDAB cont ...

6. Attachments

Attachment A - Development Permit ApplicationAttachment B - Site plansAttachment C - List of Recommended Conditions and Notes under Development Permit

ApprovalAttachment D - PowerPoint presentation by AdministrationAttachment E - Relevant Sections of Land Use Bylaw 2014-18Attachment F - Relevant Section of Municipal Development Plan 2017-14

Feinan Long, Develop nt Planner

, Development Planning

Page 4 of 4

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Attachment ADevelopment Permit Application

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æmrrH*$ Development Permit RENEWAL Application

IMPORTANT: THIS lS NOT A BUILDINGPERMIT

Any approvals granted regarding this application does not excuse the applicant from complying with the requirements of any Federal,

provincial or other Municipal t-egislãtion orthe conditions of any easement, restr¡ctive covenant or agreement affecting the buildings or lands.

oate: r,Jc¡.uÊryr,È€R 15,âÒrl Developmentperm¡trr¡o.: 8á -Ù-Ol1 FeeSubmitted' S [Oæ.Ð

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Special Requests orConsiderations

Ëân extension to the above-noted DevelopmentPermit.

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Appeal Notice

It is understood that if this application is approved or refused by the Development Authority it may be appealed to the Subdivision and

ther und erstood that the SDAB may confirm, revoke, or vary the Development Permit or any

g duly served, and that any work undertaken prior to an appeal being filed is entirely at the

Applicant 5¡gnature lnterest ofâppl¡cant ifnot registered owner

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that you provide may be made pu-bíic, sub¡ecito the provisions of the Freedom of tnformation and Protect¡on of Privacy Act Questions regarding the collection and use of this

information may be directed to the Freedom of lnformation & Protection of Privacy Coordinator for Parkland County at 780-968-3229.Page 10 of 33

Attachment BSite plans

Page 11 of 33

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Attachment CList of Recommended Conditions and

Notes under Development PermitApproval

Page 14 of 33

List of Recommended Conditions and Notes for SDAB Consideration

1. This approval is CONTINGENT on the applicant obtaining Registration under the Codeof Practice for Pits approval from Alberta Environment and providing Parkland Countywith a copy of that approval. The applicant shall provide the County with a copy of the 5year Report submitted to the Province.

2. As per Parkland County Policy all commercial and industrial outdoor lighting installationsand outdoor luminary replacements requiring an electrical permit shall be Dark Skycompliant.

3. The applicant shall enter into an Industrial Haul Agreement with Parkland County PublicWorks Department, prior to commencing hauling operations from the pit, and providesuch security as required by Parkland County.

4. Hours for HaulingThe removal of sand and/or gravel from the pit location (hauling) shall take place onlywithin the hours specified below:

6:00 a.m. to 6:00 p.m. Monday to Friday8:00 a.m. to 4:00 p.m. SaturdayNo hauling on Sundays or Statutory Holidays

5. Hours of OperationThe hours of operation for the pit, including extraction, reclamation and the processing(crushing) of materials shall be specified below:

No operation between 6:00 p.m. Saturday and 5:59 a.m. Monday

6. The applicant shall:a. prevent noise from becoming an annoyance to neighbouring landowners at the

request of and to the satisfaction of the Development Authority. Requiredprevention may include, but not be limited to, locating stockpiles to act as soundbarriers and using methods of minimizing or reducing noise created by machineryand equipment; and

b. be responsible for ongoing monitoring of noise levels at the site and shall providethe results of this data to Community and Protective Services by the 15th day ofeach month for the previous month.

7. The applicant shall locate appropriate safety and traffic signage on and about thesubject lands and road accesses.

8. The applicant shall preserve all existing stands of trees and shrubbery outside thedevelopment area for environmental and sound attenuation purposes.

9. The applicant shall keep the area subject to the development permit in a clean and tidycondition free from rubbish and non-aggregate debris, including and required screeningor buffering to the satisfaction of the Development Authority, at all times.

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10. The applicant shall ensure that all trucks/haulers associated with this development areregistered with the Alberta Sand and Gravel Association Central Truck Registry Programand have their ASGA number on the truck visible to the public.

11. No new aggregate extraction or expansion of an existing operation shall be locatedwithin 20m of any public road. Buffering/screening measures may occur within thissetback.

12. The proposed development shall conform to the submitted plans and shall not bemoved, altered or enlarged except where authorized or directed through this permitapproval.

13. Any proposed changes shall first be submitted for review by the Development Authority.Any changes considered substantial or inconsistent with this approval, as determined bythe Development Authority, may require separate development permit approval.

14. Failure to comply with the conditions of this permit may result in the permit beingcancelled and/or revoked.

PERMIT NOTES:1. Noise that exceeds the level as specified in the Community Standards Bylaw is an

indication that noise may be an annoyance.

2. The applicant shall ensure that the Aggregate Production Quarterly Report is submittedto Parkland County as per the specified conditions and time lines in Bylaw No. 2014-14.

3. The applicant is responsible to ensure compliance with the Restrictive Covenant(s)registered on Title.

4. The applicant is responsible to ensure compliance with the Environmental Protection &Enhancement Act regarding dust and air quality.

5. The applicant is responsible to ensure compliance with the Alberta Wildlife Act and theMigratory Birds Convention Act.

6. Weed control measures are to be in place for life of pit. The applicant shall consult withParkland County's Agricultural Services to develop and implement an active weedcontrol program for the gravel pit operation.

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Attachment DPowerPoint presentation by

Administration

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Attachment E Relevant Sections of Land Use Bylaw

2017-18

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PARKLAND COUNTYLAND USE BYLAW

B Y L AW 2017 - 18

One Parkland: Powerfully Connected.

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PARKLAND COUNTY LAND USE BYLAW BYLAW NO. 2017-18

Development Regulations Section 12 - Specific Use Regulations 139

12.12 Natural Resource Extraction / Processing 1. Sand and/or gravel developments contained within the Natural Resource Extraction /

Processing use shall not be within a Multi-Parcel Residential Subdivision.

2. There shall be no sand and/or gravel developments within 300.0 m of the boundary of a Multi-Parcel Residential Subdivision.

3. The Development Authority may consider a variance or a waiver Section 12.12.2 provided that:

a) No crushing, processing, washing, or similar is occurring within the 300.0 m requirement;

b) Extraction and reclamation activities within the 300.0 m requirement may only occur between 8:00 a.m. and 5:00 p.m. Monday to Friday;

c) The applicant/owner provides appropriate measures, to the satisfaction of the Development Authority, to mitigate any nuisance or potential nuisance from the Pit Area; and

d) The Development Authority is satisfied that extraction and reclamation activities occur expeditiously and in a manner that poses minimum affect to residents within the Multi-Parcel Residential Subdivision.

4. 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.

5. In considering whether to approve aggregate extraction as a Discretionary Use, as described in Subsection 16.4 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;

f) conservation of designated historical resources;

g) conservation of trees and maintenance of habitat;

h) conservation of environmentally significant and sensitive areas, including areas identified in the Environmental Conservation Plan;

i) conservation of watercourses; and

j) the safety and potential nuisance effect(s) on adjacent properties, including both operation and hauling activities.

6. Hours of Operation

Page 28 of 33

PARKLAND COUNTY LAND USE BYLAW BYLAW NO. 2017-18

Development Regulations Section 12 - Specific Use Regulations 140

a) The hours of operation for the pit, including extraction, reclamation and the processing (crushing) of materials shall be specified by the Development Authority. The Development Authority shall have regard to, but not bound by, the following guidelines:

i) No operation between 6:00 p.m. Saturday and 5:59 a.m. Monday.

7. Dust and Noise

a) The applicant shall

i) prevent noise from becoming an annoyance to neighbouring landowners at the request of and to the satisfaction of the Development Authority. Required prevention may include, but not be limited to, locating stockpiles to act as sound barriers and using methods of minimizing or reducing noise created by machinery and equipment. Installation of noise monitors shall be required as a condition of a development permit. Noise that exceeds the level as specified in the Community Standards Bylaw is an indication that noise may be an annoyance; and

ii) ensure compliance with the Environmental Protection & Enhancement Act regarding dust and air quality.

8. 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.

9. An Industrial 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 Gravel Association central truck registry numbering system, notification to local residents, and other related clauses is required as a condition of a development permit.

10. 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

iii) No hauling on Sunday

11. No new aggregate extraction or expansion of an existing operation shall be located within 20.0 m of any public road, unless otherwise approved by the Development Authority. The Development Authority may require certain buffering/screening measures occur within this Setback.

12. All stripping, excavation, and grading shall be in conformance with Subsection 11.8 of this Bylaw.

13. 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.

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