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Subdivision and Development Appeal Board

53109A Hvry779
Parkland County, Alberta T7Z lR1
Email: sdab@parklandcounty.com

PARKLAND COUNTY SUBDIVISION AND DEVELOPMENT APPEAL BOARD

File No

14-D-446

Appeal by:

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

Decision

date:
date:

Members present

January 19 and 20, 2015

January 29,2015

Mark Gunderson
Darrell Hollands
Richard Underwood
Tracey Melnyk
Dianna Mattson
Jackie McCuaig

DECtStON

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t of24

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 36-5103-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 One appeal was withdrawn prior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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K. Titus, Senior Property Manager, BURNCO Rock Products, in opposition to the

appeal
E. Bazzarelli, P. Eng. Project Engineer, AMEC Foster Wheeler, consultanUtraffic
engineer retained by BURNCO Rock Products, in opposition to the appeal
K. Ostermannn, M.Sc. P. Ag., Senior Environmental Scientist, Matrix Solutions lnc.,

consultant retained by BURNCO Rock Products, in opposition to the appeal

Manas Shome, Ph. D. P. Eng, Practice Lead Water Resources Engineering, Matrix
Solutions lnc.,consultant retained by BURNCO Rock Products, in opposition to the
appeal

Andre Laforest, M.Sc., P. Eng., Senior Hydrogeologist, HCL (Hydrogeological

Consultants Ltd., consultant retained by BURNCO Rock Products, in opposition to the
appeal
B. Mclean, an affected neighbour, in opposition to the appeal
A. Wagner, an affected neighbour, in opposition to the appeal

M. Erickson, a County resident, in opposition to the appeal

K. Wagner, an affected neighbour, in opposition to the appeal

A. Assinger, another local aggregate supplier, in opposition to the appeal

Summary of Evidence
The Board Agenda package/Board file contains the Development Authority decision
respecting the Development Permit Application and the material submitted to the Board
by the Development Authority, excerpts from relevant bylaws and policies; power point

presentations, written submissions from the appellants, letters of opposition to the

issuance of the Development Permit and support of the appeals, written materials from
the applicants including expert reports and letters of support for the issuance of the
Development Permit and refusal of the appeals. Summaries of the oral evidence heard
by the Board are set out in the Minutes of the Meetings for the Parkland County

Subdivision and Development Appeal Board for December 2,2014, January 19,2015
and January 20,2015.

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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

A.

considered the circumstances and merits of the appeals.

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.

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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
Page

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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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.
.
o
o
.
o

loss of agricultural land;

reduction in the value of property;

development is proposed for the flood plain;

destruction of the valley and loss of natural amenities in the neighbourhood;
noise; and
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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2. Uses
PERMITTED

DISCRETIONARY

NOTES

Note: Gray shading denotes Discretionary Uses sub,'ect to Development Authority (excluding
D eve I op me

nt Off ice r) Ap p rov al

NaturalResource

Compliant with Section 12.12

Extraction/Processing

Natural Resource
Extraction/Processin g

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;

conservation of designated historical resources;

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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.

4. Hours of Operation
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) 24 hours/day six days/week
(1) Six (6) days is defined as 6:00 a.m. Monday to 6:00 p.m.
Saturday
(2) 7th day is defined as 6:00 p.m. Saturday until 6:00 pm Sunday.

5. 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. lnstallation 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

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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

5.13

Extraction Areas

particularly residential, may be directed away from

New subdivision and development,

active and potential non-renewable surface

resource extraction areas so as not to conflict, or
constrain, the extraction of the resource.

Locational Criteria

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.

Policy 6 Environmental Management

Policy 6.2
Biophysical Assessment

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
Page2l of24

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
Page22 of24

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.
Page23

of24

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

Page24 of24

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Environmentally Significant Areas

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Map Scale:1:60,000
Date Saved: Wednesday, Januaty 28,2015
Document Path: G:\GlS\Projects\Environmentally Significant Areas\ESA_Burnco_Jan20