Town council has given the green light to amend the Land Use Bylaw for a private parcel of property along the rail tracks that will now pave the way for the land to be acquired by a new owner but with new conditions to address potential noise and excessive dust.
The property, located at 5119 – 54 St. and in the Highway Commercial (HWY-C) District, is now owned by Central Alberta Transloading Terminal. It was being used as a “feed mill and grain elevator”.
However, that use was not listed as such in the HWY-C District and exists as a non-conforming use, which means the new owner can't expand or physically alter the structure or site.
The proposed amended Land Use Bylaw for the area added “feed mills and grain elevators” at the site as a discretionary use in the HWY-C District, which would allow it to exist as a conforming use. Any additions or alterations would then be subject to development approval by the Municipal Planning Commission (MPC).
While first reading of the application was approved by council last month, it then went to a public hearing on May 26.
Following several submissions at the public hearing the application came back to council on June 9 for second and third reading. Administration recommended to council to grant the application with four conditions.
“The applicant did get what he requested and in addition council put in conditions that addressed the concerns we had heard during the public hearing,” said Craig Teal, director of planning and operational services.
However, a condition to set up a schedule for rail car crossings over 50 Street – to mitigate delays for residents -- was opposed by members of council, notably from Coun. Gavin Bates who argued the terminal's loading operations have not caused any undue inconvenience for motorists.
While the rail crossing condition was voted out by council, the remaining three were approved, including a condition that gravel surrounding the railroad tracks be maintained, that the business not allow dust to escape beyond its parcel boundaries, and that any noise or disturbances be mitigated during specific hours of the week.
During the public hearing council members were told that excessive dust was generated by the operation, creating concerns it was hanging in the air and settling on vehicles and property. Council was also told the operation was recently transloading frac-sand, which is not permitted in a “feed mill and grain elevator” use.
However, council learned at the hearing from the proposed new owners they would not be continuing the frac-sand operation.
Council was also told future improvements at the operation could include a full dust collection system.
Teal said he did not know the timetable of the potential sale of the business to a new owner, noting it was “not a public issue.”
