STAFF REPORT TO COUNCIL

Transcription

1 STAFF REPORT TO COUNCIL Date: Monday, August 17, 2015 To: From: Chief Administrative Officer Nelson Wight, Manager of Planning Subject: Temporary Use Permit for a Rock Quarry on a portion of Parcel 89, DL 4589 (PID: ) i RECOMMENDATION THAT Council provide notice in accordance with S. 921 (5) and (6) of the Local Government Act and return to the September 8, 2015 meeting to consider the permit. PURPOSE The owner of Parcel 89, DL 4589 (PID ) has applied for a Temporary Use Permit for a rock quarry on a portion of of the subject property. In accordance with the Local Government Act, Council must provide public notice to the community and written notice to neighbouring properties regarding the quarry proposal and hold a public hearing before passing a resolution on this matter. BACKGROUND On April 17 th, 2015, VAST Resources applied for a Temporary Use Permit on behalf of Jemi Fibre Corp. for an open-pit quarry to be located on the south side of Highway 3, 16 km east of Sparwood and near the Alberta border (See Context Map). The applicant is proposing a temporary five (5) year operation covering 11 hectares with the removal of 370,000 m 3 of quartzite with the replacement of existing soil and new seeding upon completion. At present, the land is zoned (Agricultural) with a portion rezoned by Council on June 1 st, 1998 (Bylaw 744) from to M-3 (Extraction Industrial) for similar purposes under a previous owner. Since then, the land has transferred owners twice and construction on the original quarry was never started. The area rezoned does not fully cover the extent of the newly proposed quarry, which is why a temporary use permit is required.

2 The following uses are located on neighbouring properties: Direction Owners Zoning Land Use North Teck Resources Crown Provincial Crowsnest Provincial Park East Teck Resources South Jemi Fibre (Applicant) Hotel, Lodging Inn on the Border West BC Transportation TransCanada Pipelines Jemi Fibre M-3 I-1 Weigh Station Compressor Station Right-of-way access through the area includes interest from the Ministry of Transportation and Infrastructure for the Crowsnest Highway (Highway 3) and weigh station, Alberta Natural Gas for a pipeline and CP Rail. Both an internal and external referral process was completed and Staff are prepared to support this application if all matters raised by the external process have been addressed. The one outstanding item requiring additional information relates to the potential impact of this activity on wildlife migration. INTERNAL CIRCULATION An internal referral regarding this application was sent on April 27 th, 2015 with no feedback from contacted parties. LEGAL/STATUTORY AUTHORITY Section 921 of the Local Government Act allows Council, by resolution, to issue a Temporary Use Permit and allow a use not permitted in a zoning bylaw upon application by the land owner, if the Official Community Plan allows. LEGAL/STATUTORY PROCEDURAL REQUIREMENTS Under Section 921 of the Local Government Act, if Council proposes to pass a resolution on the application for Temporary Use, it must provide notice that states the scope and purpose of the permit with the time and location when the resolution will be considered publicly (S.921(5)). Written notice must also be provided to surrounding properties (S. 892(4)(b)). COMPLIANCE WITH CORPORATE STRATEGIES & POLICIES Corporate Strategic Plan GOAL: 1. A strong local economy

3 OBJECTIVE: 1.1 To encourage economic diversification and create a supportive climate for businesses. Official Community Plan Objective 3.1: To encourage economic diversification and create a supportive climate for businesses. The application is also consistent with the intent of Council in the adoption of Bylaw 744 in rezoning a portion of the land for extraction in FINANCIAL / BUDGETARY CONSIDERATIONS n/a PERSONNEL IMPLICATIONS n/a EXTERNAL AGENCY / PUBLIC COMMENTS An external referral process was conducted between April 27 th, 2015 and May 18 th, 2015 with regard to this application. The following parties were identified as having potential interest with this application and were contacted: BC Hydro BC Parks CP Rail Crowsnest Past Inn on the Border Ktunaxa Nation Ministry of the Environment Ministry of Transportation and Infrastructure Natural Conservatory of Canada Regional District of East Kootenay TECK Resources TransCanada Pipelines Water Stewardship Branch (FLNRO) Through this process, two other groups made contact with the District regarding the application: McGillivray Land Development and Wildsight.

4 Due to a request from the Ktunaxa Nation for an Archaeological study of the proposed quarry area and consideration for an extension of the timeframe from the Regional District of East Kootenay (RDEK). The referral process was subsequently left open until confirmation of the study s completion and after further consultation with the Ktunaxa Nation, finalized July 20 th, Outstanding and present concerns over the development of a quarry revolve around wildlife habitat and migration, roadway access, the potential of increased traffic and assurance of remediation. The following is a list of responses received to-date: Party Date Information CP Rail April 28 th, 2015 No concerns with crossing directly, but must share Agreement with TransCanada Pipelines Ktunaxa Nation April 29, 2015 Potential Cultural Heritage Concerns Recommends Archaeological Study Inn on the Border May 8 th, 2015 Concerns over: Western access to property Blasting near pipeline Discharge into waterways After conversation with applicant, concerns abated. BC Hydro May 12, 2015 No objections McGillivray Land May 15 th,2015 Concerns over property value of lands near site and Development on-going operations (Phone conversation) Ministry of May 22 nd, 2015 Supports application with condition: Transportation and Controlled/commercial access permit will need to be Infrastructure obtained Nature Conservatory of Canada May 30 th, 2015 Holds Covenant on Lands Impacts regarding Grizzly Bear Habitats Impact of crossing of Highway RDEK June 1 st, 2015 Concerns regarding: Wildlife Winter Range Public safety with trucks turning on Highway Large footprint Downstream impacts Wildsight June 10 th, 2015 Concerns over severe impact to wildlife connectivity between BC and Alberta TransCanada Pipelines June 12 th, 2015 Ensure crossing agreements are in place Ktunaxa Nation July 21 st, 2015 Archaeological report from VAST Resources and Tipi Mountain Eco-Cultural Services Acceptable

5 COMMUNICATION CONSIDERATIONS n/a OPTIONS 1. Provide notice in accordance with S. 921 (5) and (6) of the Local Government Act and return to the September 8, 2015 meeting to consider the permit. 2. Defer Notice until further information is provided CONCLUSION Staff is recommending Option #1 Respectfully submitted, Nelson Wight Digitally signed by Nelson Wight DN: cn=nelson Wight, o=district of Sparwood, ou=planning, c=ca Date: :13:53-06'00' Nelson Wight, Manager of Planning CAO s initials and comments: "TM" Attachments: Context Map i Full Legal Description for the application: PARCEL 89 (SEE 85409I) DISTRICT LOT 4589 KOOTENAY DISTRICT EXCEPT PART (1) PARCEL A (PLAN I) (2) PARCEL B (PLAN 96783I) (3) THAT PART LYING SOUTH OF A LINE DRAWN DUE EAST FROM IP 47 SHOWN ON PLAN 524 S1 TO THE WEST BOUNDARY OF PARCEL 82 (4) PLANS 94073I, I, 3099, 4485, 5058, 6343, 6726, 7024, 9393, 9514, 9587, 12100, 12585, 12587, 15443, 15692, 16378, 18301, NEP19861, NEP20648, NEP21051, NEP22339, NEP22933, NEP59847, NEP64864, NEP65597, NEP71445, NEP82674, NEP82972, NEP84640 AND NEP84642

6 7101 Highway Legend Quarry Access Quarry Individual Parts Laydown Quarry Pit Quarry Boundary Settling Pond Sparwood Cadastral Right of Way Lake River River Creek Line Roads 1:5, m Provided as general information only for your convenience. The information contained herin has not been created, nor verified, by the District of Sparwood and is not warranted nor represented to be accurate or correct. You may not rely on the information contained herin as being accurate or correct for any purpose. ³

7 I Highway M-3 M-3 Legend Quarry Access Quarry Individual Parts Laydown Quarry Pit Quarry Boundary Settling Pond Sparwood Cadastral Right of Way Lake River River Creek Line Roads 1:5, m Provided as general information only for your convenience. The information contained herin has not been created, nor verified, by the District of Sparwood and is not warranted nor represented to be accurate or correct. You may not rely on the information contained herin as being accurate or correct for any purpose. ³