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File #: App 12-004    Version: Name: Decision Reasons for Development Permits 09-D-370A and 09-D-370B
Type: Appointment Status: Council Agenda
File created: 2/6/2012 In control: Legislative Matters
On agenda: 2/14/2012 Final action: 2/14/2012
Title: Amendment to Development Permits 09-D-370A and 09-D-370B Recommendation To conditionally approve the amendments to the Development Permit 09-D-370A for sand extraction and landfilling on SE-02-53-26-W4M as follows: a) Allow operations to continue until October 31, 2015; and, b) Approve the modified stormwater management plan and post-closure reclamation plan, and increase to height to a maximum of 721.2m amsl. To conditionally approve the amendment to the Development Permit 09-D-370B for wood recycling on SE-02-53-26-W4M as follows: Allow operations to continue until October 31, 2015
Attachments: 1. Chairman's notes, 2. Attachment A - Staff Report, 3. Application & Supporting Info, 4. Modified Stormwater Management Plan (2010 Amendment)DEST2498, 5. Reclamation Sequencing Modified Reclamation Plan (2010 Amendment)DEST2497, 6. 09-D-370A AMENDED Development Permit for Sand and Landfill 22FEB2011, 7. 09-D-370B AMENDED Development Permit for Wood Recycling 22FEB2011, 8. Proposed Amended Conditions of Approval Sand and Landfill NOV 8 2011, 9. Proposed Amended Conditions of Approval Wood Recycling NOV 8 2011
Title
Amendment to Development Permits 09-D-370A and 09-D-370B
 
Recommendation
To conditionally approve the amendments to the Development Permit 09-D-370A for sand extraction and landfilling on SE-02-53-26-W4M as follows:
 
a)      Allow operations to continue until October 31, 2015; and,
b)      Approve the modified stormwater management plan and post-closure reclamation plan, and increase to height to a maximum of 721.2m amsl.
 
To conditionally approve the amendment to the Development Permit 09-D-370B for wood recycling on SE-02-53-26-W4M as follows:
 
Allow operations to continue until October 31, 2015
 
Body
Purpose
Consideration of an amendment to Development Permit Decisions 09-D-370A and 09-D-370B, respectively, to operate a dry waste land fill operation and sand extraction activities, and wood recycling activities on SE 02-53-26-W4M.
 
Summary
Northland Material Handling Inc. and Northland Recycling Inc. have been operating sand extraction, landfilling and wood recycling on the subject site since 1994 and 2007, respectively.  
 
On March 12, 2010, the landfilling and wood recycling activities were approved to continue operations until December 31, 2011, with a restricted maximum height of 716.5m amsl.  This approval mirrored the request of the applicant at that time.
 
Subsequently, the Applicant submitted a request to amend the Development Permits to allow for an extension to the operating time frame to June 30, 2018, and allow an increased elevation of 721.2m amsl.  
 
On February 22, 2011, Parkland County Council chose to approve a time extension to December 31, 2012, however, did not approve changes to the overall height, stormwater management plan and post-closure reclamation plan.
 
This current application is again requesting approval for the following:
 
1.      Allow the existing uses of the property to continue until June 30, 2018, to match the expiry date of the Applicant's approval from Alberta Environment.
2.      Revise the stormwater management plan from a hilly topography with ditches and swales, to sheet flow drainage (more suitable for post-landfilling uses).  This revised plan includes increasing the height to a maximum final elevation of 721.2m amsl from the formerly approved maximum of 716.5m amsl.
 
Further information on this application is contained in the Staff Report (Attachment A)
 
Administrative Position
Administration supports the changes to the stormwater management plan and post-closure reclamation plan. Administration does not support extending the life of these operations until December 31, 2018.  As stated with the previous application that came before Council on February 22, 2011, Administration recommends extending the operations to October 31, 2015.  
 
Strategic Plan/Policy/Legal/Staff Implications
Municipal Development Plan Bylaw 37-2007
The subject property is identified on the 2007 MDP Map 2, Land Use Concept Map, as being within the "fringe" area.  
 
Acheson Industrial Area Structure Plan
The subject site is acknowledged as within a Direct Control District as well as within those lands intended for Commercial/Industrial Use.
 
Land Use Bylaw 20-2009
The subject site is located within a Direct Control District.  The underlying land use district is Industrial Reserve.  A Waste Management Facility-Minor is a discretionary use in the underlying land use district, Industrial Reserve.
 
Section 12.18 provides direction with respect to conditions of approval for a landfill.  
 
Subdivision and Development Regulations of the Municipal Government Act
The Subdivision and Development Regulations form part of the Municipal Government Act as Alberta Regulation 43/2002.  Section 13 addresses setbacks from landfill waste sites.
 
 
Other
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