AGENDA SUBDIVISION AND DEVELOPMENT APPEAL BOARD Monday, August 17, 2020 – 10:00 a.m. BY MEANS OF VIRTUAL ELECTRONIC COMMUNICATION
Teleconference Information:
780-429-5820 - Edmonton 1-855-353-9183 - Toll Free Access Code: 81418#
1) Call to order
2) Members Present
3) Adoption of Agenda
4) Adoption of Minutes
I. June 8, 2020
5) 10:00 a.m. Appointment I. Home Based Business Level 2 (Off-site equipment repair business with minor small equipment repair and sale from the existing shop) located at Lot 7, Block 3, Plan 7821013 Chelsea Estates, NE-1-51-27-W4 Municipal Address 28, 27005 TWP RD 511.
i. Appellant: Grant Schick ii. Applicant: Steven Boonstra
6) Next Meeting – None Scheduled
7) Adjournment
SDAB - 2020-08-17 Page 1 of 67 TABLE OF CONTENTS
APPEAL OF DISCRETIONARY DEVELOPMENT PERMIT 20-D-162
1. UNADOPTED MEETING MINUTES – JUNE 8, 2020 ...... PAGE 3
2. LETTER OF APPEAL – GRANT SCHICK ...... PAGE 6
3. SUBMISSION OF THE DEVELOPMENT AUTHORITY ...... PAGE 9
4. SUBMISSION OF THE APPLICANT – STEVEN BOONSTRA...... PAGE 53
Subdivision and Development Appeal Board
SDAB - 2020-08-17 Page 2 of 67 MINUTES OF THE PARKLAND COUNTY SUBDIVISION & DEVELOPMENT APPEAL BOARD (THE “BOARD”) MEETING HELD A VIRTUAL ELECTRONIC TELECONFERENCE AT 2:00 P.M., JUNE 8, 2020 ______
1. CALL TO ORDER Chairperson, J. Smith, called the virtual electronic teleconference meeting to order at 2:02 p.m.
The Chairperson advised that due to the COVID-19 Pandemic, Parkland County supports the minimization of gatherings. As permitted by the Meeting Procedures (COVID-19 Suppression) Regulation, the Board will conduct this meeting using electronic communication for this virtual hearing to ensure the safety of the Board, Parkland County staff and the public.
2. PRESENT Members: J. Smith, K. Linder, M. Morin, J. Philpott, M. Chambers Clerk: B. Williams Recording Secretary: L. Tyerman Counsel for the Board: Gwendolyn Stewart-Palmer, Shores Jardine LLP
3. ADOPTION OF AGENDA Moved by M. Chambers that the 2:00 p.m., June 8, 2020 agenda be adopted, as presented. CARRIED 4. ADOPTION OF MINUTES Moved by J. Philpott that the May 11, 2020 – 10:00 a.m. and May 11, 2020 – 2:00 p.m. meeting minutes be approved, as presented. CARRIED
5. NEW BUSINESS An appeal of conditions of approved Development Permit 19-D-306 for Recreational Vehicle Storage (602 Stalls for RV Storage) located at Lot 8, Plan 608R, SW-14-53-27-W4 Municipal Address 8, 27119 TWP RD 532A.
I. Appellant: Crossway Records Inc. – Jonathan Bauer, Agent II. Applicant: Shoreline Developments Inc.
The SDAB Clerk read the appeal matter into the record
6. PRESENT Members: J. Smith, K. Linder, M. Morin, J. Philpott, M. Chambers Clerk: B. Williams Recording Secretary: L. Tyerman Counsel for the Board: Gwendolyn Stewart-Palmer, Shores Jardine LLP
7. PRESENT ADMINISTRATION STAFF K. Kormos, Supervisor, Development Planning R. Trovato, Development Planner, Planning & Development Services
8. OUTLINE OF HEARING PROCESS The Chairperson asked if anyone affected by the appeal had any objection to the Board Members present. There were no objections.
The Chairperson asked if anyone in attendance at the virtual meeting had any additional materials they would like to submit before commencement of the hearing. There were none.
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SDAB - 2020-08-17 Page 3 of 67 Subdivision and Development Appeal Board June 8, 2020 – 2:00 p.m. – 19-D-306 Page 2
The Chairperson asked if anyone in attendance at the virtual meeting would like to request a po s t ponement of the hearing to a later date. There were no requests for postponement.
9. PRESENTATIONS Administration The Chairperson called on the Development Authority to make her presentation. Ms. Trovato, Development Planner for Parkland County presented her report and provided a verbal presentation to the Board. Ms. Trovato answered questions from the Board.
Appellant The Chairperson called on the Appellant, Jonathan Bauer on behalf of Crossway Records Inc. to make his presentation. Mr. Bauer provided a verbal presentation to the Board outlining his reasons for appealing conditions of the permit. Mr. Bauer referred to photos within the agenda package and answered questions from the Board.
In Support of the Appeal Darcy Paulichuk, Engineer, spoke in support of the Appeal. Mr. Paulichuk provided a verbal presentation regarding potential traffic impacts as a result of the proposed development. Mr. Paulichuk answered questions from the Board.
K. Kormos, Supervisor, Development Planning, and R. Trovato, Development Planner, responded to Board questions.
RECESS The Chairperson recessed the meeting at 3:36 p.m., and reconvened the meeting with all Board Members present at 3:46 p.m.
R. Trovato, Development Planner, responded to Board questions.
J. Bauer, Appellent, responded to Board questions.
In Support of the Appeal Erin Prockiw, area resident, verbally presented her concerns related to traffic safety and drainage as a result of the proposed development.
Darcy Martin and Roy Sterling, area residents, verbally presented their concerns related to traffic safety and drainage as a result of the proposed development.
Jeff Shewchuk, area resident, verbally presented his concerns related to drainage as a result of the proposed development.
Holly Lillie, area resident, verbally presented her concerns related to traffic safety and drainage as a result of the proposed development.
Applicant The Chairperson called on the Applicant, Teagan Renz, agent for Shoreline Developments Inc. to make his presentation. Mr. Renz provided a verbal presentation and referred to materials in the agenda package. He described the nature of the proposed development and provided comment on the previous presenter’s concerns. Mr. Renz answered questions from the Board.
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SDAB - 2020-08-17 Page 4 of 67 Subdivision and Development Appeal Board June 8, 2020 – 2:00 p.m. – 19-D-306 Page 3
RECESS The Chairperson recessed the meeting at 4:35 p.m., and reconvened the meeting with all Board Members present at 4:49 p.m.
Mr. Martin indicated that he and Mr. Sterling had not been able to locate the agenda package for the hearing. SDAB staff directed Mr. Martin to the website where the materials could be located.
Mr. Renz responded to clarifying questions from the Board.
RECESS The Chairperson recessed the meeting at 4:54 p.m., and reconvened the meeting with all Board Members present at 4:59 p.m.
Mr. Renz responded to clarifying questions from the Board.
RECESS The Chairperson recessed the meeting at 5:12 p.m., and reconvened the meeting with all Board Members present at 5:27 p.m.
10. SUMMARIES Appellant Mr. Bauer reiterated previous statements submitted as part of his presentation.
Applicant Mr. Renz reiterated previous statements submitted as part of his presentation, and provided closing remarks.
Appellant Mr. Bauer provided final closing remarks.
11. ADJOURNMENT At 5:39 p.m., the Chairperson announced that the hearing is now closed, and the Board will cease to hear any further information, and that a written decision would be handed down within 15 days.
The Chairperson closed the June 8, 2020 Subdivision and Development Appeal Board meeting at 5:39 p.m.
Chairperson
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SDAB - 2020-08-17 Page 5 of 67 ~ pariliand Notice of Appeal county Subdivision and Development Appeal Board
Site and a ellant information (fill out completely) Clerk's Stamp Site Information Municipal address of site 28, 27005 TWP RD 511 Legal land description of site ('plan, block, lot' and/or 'range-township-section-quarter) Lot 7, Block 3, Plan 7821013 Chelsea Estates, NE-1-51-27-W4 Development permit number or subdivision application number 20-D-162 A ellant Information Name of appellant Agent name (if applicable) Grant Schick nfa Street Address 14-27005 TWP RD 511 City Province Postal Code Day Phone Number Parkland County Alberta 780-987 -0095 Evening Phone Number Fax Number Email Address [email protected]
Appeal Against (check one box only) Development Permit Subdivision Application Order [2] Approval 0 Approval 0 Notice of order 0 Conditions of approval 0 Conditions of approval 0 Refusal 0 Refusal
Reasonsfor appeal Sections 678 and 686 of the Municipal Government Actrequire that the written Notice of Appeal must contain specific reasons for the appeal. The appeal is herein launched for the following reasons: (attach a separate page if required) See attached.
Collection and use of personal information Personal information is being collected under the authority of the Municipal Government Act (MGA) and the Freedom of Information and Protection of Privacy Act (FOIP)and is managed in accordance with the provisions of FOiP.This information will be used to process your request for a hearing before the Subdivision and Development Appeal Board. Your information will form part of a fiie available to the pubiic.lfyou have any questions about the collection of your personal information, contact Odessa Bartel, FOIPCoordinator at 780-968-3229. Signature of appellant/agent Date (YYYY/MM/DD) Approved via attached email 2020-07-24
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SDAB - 2020-08-17 Page 6 of 67 Lois Tyerman
From: Grant SHK
Dear Sirs: I would like to file an appeal concerning the above devlopment permit (20-D-162). My first and major concern is the noise that has been generated from this site for the last five years. First let me be clear that what is happening at this site, lot 7 block 3, plan 7821013 is a lot more than small engine repair. What is happening is repair and maintenance of industrial power generators. I cannot give you the exact power output but suffice to say that a couple of them could power this entire subdivision. The reason I know this is that I was involved in general oilfield hauling for 40 years and have hauled many of these power plants through out western Canada and the NWT. What has been happening for the last 5 years follows a pattern. First these units arrive on site and are offloaded by forklift when necessary(some are mounted on trailers and some are skid units) accompanied by the sound of back-up alarms. Next the said units are washed with a gasoline powered pressure washer that takes from 3-4 hours. The unit is then moved inside the shop where it is repaired(1-2 days). After repairs the unit is then moved outside and test run for 6-8 hours. If all is good it is then hauled away and another shows up. There is usually 2-3 of these units on site. This pattern is repeated with these units running outside 30r 4 days a week. Approximatly 3 weeks ago I filed a complaint with the county about the noise being generated on this site and it has been very quiet since then. _Secondly I have a concern about the wear and tear on the road which the people in this subdivision have to pay for. The permit appliccant has a 2 ton tilt deck truck that is sometimes used to transport these units. I have witnessed this at times when there is a 75% ban on this road and while I cannot be entirely certain, after 40 years of trucking it is questionable as to wether or not he is legal on 75%, it would have to be verified by the D.O.T. It hardly seems fair that the people in this subdivision may end up having to pay for repairs to the road so this individual can use his property to generate income while the residents foot the bill. Thirdly, I would just like to say that this is my home and I moved hear for peace and quiet and do not care to have this noise within 100 feet of my property. If I had wanted to live in an industrial park I would have purchased property in an industrial park. Thank-you. Grant Schick. From: SDAB [[email protected]] Sent: July 24, 202012:55 PM To: [email protected] Cc: SDAB; Sheryl Cammidge Subject: Subdivision and Development Appeal - 20-D-162
Good afternoon Mr. Schick,
As per our phone call of this afternoon, I am writing to confirm that you wish to file an appeal of Development Permit 20-D-162.
During our conversation it was noted that you currently do not have the ability to print and fill out the required appeal form, as such we agreed that I would send you this email and that you would respond with your appeal. Once I have received your response I will fill out the appeal form and attach your email to the appeal form. Our office will then process the appeal fee using the payment information you have provided and send you a receipt by email.
Please respond with your appeal, including your reasons for the appeal. Please note that you will be given the opportunity to provide further information and evidence for inclusion in the agenda package for this matter.
Thank you,
SDAB - 2020-08-17 Page 7 of 67 Lois Tyerman I Legislative Officer, Legislative Services Parkland County I 53109A HWY 779, Parkland County, Alberta T7Z lRl Office: 7809688471 I [email protected] I www.parklandcounty.com
[cid:[email protected]] One Parkland: Powerfully Connected.
This communication is intended for use of the recipient to whom it is addressed and may contain confidential, personal and/or privileged information. Please contact me immediately if you are not the intended recipient of the communication and do not copy, distribute, or take action relying upon it. Any communication received in error, or subsequent reply, should be deleted or destroyed.
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SDAB - 2020-08-17 Page 8 of 67 Development Authority Written Submission to the Subdivision and Development Appeal Board Property Address 28 – 27005 Township Road 511
Legal Description Plan 7821013, Block 3, Lot 7 in Chelsea Estates, NE-1-51- 27-W4M (the “Lands”)
Application No. 20-D-162
Date of Written Submission August 10, 2020
Submission Author Feinan Long
Appellant Grant Schick
1. SUMMARY
Grant Schick is appealing the decision of the Development Authority of Parkland County to approve a development permit application No. 20-D-162 made by Steven Boonstra for a home based business level 2 (an equipment repair and sale business).
The subject Lands are located at 28 – 27005 Township Road 511, legally described as Plan 7821013 Block 3 Lot 7. The Lands are located in the southeast portion of Parkland County in the Woodbend Graminia area, approximately 1.5 km north of the North Saskatchewan River and 5.3 km west of Highway 60.
The Development Authority reviewed the application and issued an approval on July 8, 2020 on the grounds that it complies with the Land Use Bylaw 2017-18.
The Development Authority submits that the approval be upheld and this appeal be dismissed.
2. LAND USE DISTRICT AND USE CLASS
The Lands are located within the CR – Country Residential District.
Upon review of the application, the Development Authority determined the Use Class to be Home Based Business Level 2.
Home Based Business Level 2 is a discretionary use on the Lands as outlined in Section 5.3 of Land Use Bylaw 2017-18.
3. RELEVANT PLANNING DOCUMENTS
A. Municipal Development Plan Bylaw No. 2017-14 (the “MDP”)
. The Lands are located within the Country Residential area as identified in the MDP Development Concept. . The proposed development complies with Section 5.0 – Economic Competitiveness and Employment section of the MDP, in particular the policies related to home based
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SDAB - 2020-08-17 Page 9 of 67 DA Written Submission to SDAB cont …
businesses within the County (see Exhibit B).
B. Area Structure Plan Bylaw No. 36-2012 “the ASP”
. The Lands are located within Mixed Use / Residential area in the Woodbend Graminia ASP Land Use Concept. . The proposed development generally complies with Section 4.3 – Mixed Use / Country Residential section of the ASP, in particular the policies related to allowing Rural Commercial uses within residential areas (see Exhibit C).
C. Land Use Bylaw No. 2017-18
. The proposed development was determined by the Development Authority to be Home Based Business Level 2 as defined in Section 20.3 of the Land Use Bylaw 2017-18 (see Exhibit D). . Home Based Business Level 2 is a discretionary use as listed in Section 5.3 – Country Residential District. o Section 12.8 identifies the regulations the Development Authority must consider when evaluating a proposed Home Based Business use. This includes considerations such as requirements related to outdoor storage, employees and nuisance effects.
4. RELEVANT BACKGROUND
The Appellant is appealing the decision of the Development Authority in approving development permit No. 20-D-162 with conditions for a Home Based Business Level 2 on the subject Lands.
The application for 20-D-162 was received on June 26, 2020, by Parkland County’s Planning and Development Services Department and included the following items:
1. Application, including Business Description 2. Site Plan
Upon reviewing the submitted application, the Development Authority requested the applicant for additional information related to the proposed home based business, including the detailed nature of the business and the equipment being stored. The applicant responded by sending additional information (see Exhibit E).
The applicant was then informed by the Development Authority that only a home based business of up to level 2 can be allowed within a multi-parcel residential subdivision according to Section 5.3 of the Land Use Bylaw. This meant that the proposed business may not have outdoor storage with the exception of one (1) vehicle and one (1) trailer carrying an equipment, in accordance with Subsection 12.8.2.g) of the Land Use Bylaw.
The applicant then proposed that all storage related to the business will be placed in the existing shop, with the exception of the one (1) truck with one (1) trailer carrying an equipment, and submitted a revised site plan showing no outdoor storage (see Exhibit E).
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SDAB - 2020-08-17 Page 10 of 67 DA Written Submission to SDAB cont …
5. REVIEW AND DISCUSSION
The Development Authority determined that the proposed development met the definition and regulations of Home Based Business, based on the following information:
a) The proposed development consists of an off-site equipment repair business based at the subject Lands. b) Although most repair work will be done off-site, there will be storage, repair and sale of equipment conducted within the existing 42’ x 60’ shop. c) The applicant has revised their plans to exclude outdoor storage related to the business, with the exception of one (1) truck and one (1) trailer with an equipment parked in front of the shop. d) The only employee is the resident / landowner of the subject Lands. e) There will be occasional sale of equipment conducted from the subject Lands, which can consist of up to several clients visiting the subject Lands on a weekly basis. f) The proposed hours of operations are Monday to Friday, 8am to 5pm.
Based on the above, the proposed business meets the definition of Home Based Business Level 2, which is defined in Section 20.3 of the Land Use Bylaw as:
“HOME BASED BUSINESS LEVEL 2 means an occupation, trade, or craft for gain or support, and is secondary to the principal residential use. It may include some client visits and the parking of one commercial vehicle and may not include on-site employees except the resident and the resident’s family who permanently reside in the dwelling. Typical secondary uses may include massage therapy, spa/esthetics services, dog grooming, landscaping/snow removal, dressmaking, hairdressing, home crafts and handicrafts, picture framing, delivery services, mobile food vendors or caterers, individual instruction to students, off-site mobile repairs and installation, janitorial services, mobile entertainment services and the carrying out of minor household appliance repair and automotive repair (does not include autobody repair).”
The Development Authority is of the opinion that the proposed home based business level 2 is reasonably compatible with the surrounding adjacent land uses provided that the applicant complies with the proposed details of the development, including (but not limited to):
a) All equipment and materials are stored inside the existing shop, with the except of one (1) vehicle and one (1) associated trailer carrying a small equipment such as a forklift; b) Equipment repair and sale work is conducted within the existing shop; and c) Applicant complies with the proposed hours of operation.
The Development Authority therefore issued an approval of development permit No. 20-D-162 subject to conditions (Exhibit A). The conditions of approval outline the standard Land Use Bylaw requirements related to home based business level 2, and will ensure that the proposed development remains reasonably compatible with surrounding land uses.
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SDAB - 2020-08-17 Page 11 of 67 DA Written Submission to SDAB cont …
6. CONCLUSION
The Development Authority submits that the SDAB uphold the decision of the Development Authority and concludes that the proposed development on the Lands meets the definition and regulations of Home Based Business Level 2.
7. EXHIBITS
Exhibit Name of Document A 20-D-162 Development Permit Decision – July 8, 2020 B MDP excerpts (Section 5.0) C ASP excerpts (Section 4.3) D LUB excerpts (Sections 5.3, 12.8, 20.3) E 20-D-162 Application Items F Development Authority’s PowerPoint presentation
Respectfully submitted by:
Feinan Long, Development Authority
Karen Kormos, Supervisor, Development Planning
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SDAB - 2020-08-17 Page 12 of 67
Exhibit A 20-D-162 Development Permit Decision – July 8, 2020
SDAB - 2020-08-17 Page 13 of 67
Planning and Development Services Phone: (780) 968-8888 Fax: (780) 968-8444
DISCRETIONARY USE APPROVED DEVELOPMENT PERMIT
APPLICATION NO.: 20-D-162 ROLL: 343028 Boonstra, Steven 28 27005 TWP RD 511 Spruce Grove, Alberta, T7Y 1G8
YOUR APPLICATION FOR: Home based business level 2 located at Lot 7, Block 3, Plan 7821013 Chelsea Estates, NE-1-51-27-W4 Municipal Address 28, 27005 TWP RD 511 was considered by the Development Authority and conditionally approved.
This Development Permit authorizes the following use: Home Based Business Level 2 (Off-site equipment repair business with minor small equipment repair and sale from the existing shop), approved as a Discretionary Use in accordance with Sections 5.3 and 12.8 of the County's Land Use Bylaw 2017-18.
In accordance with Section 16.14.1 of Land Use Bylaw 2017-18, this Development Permit is not valid unless and until: Any conditions, except those of a continuing nature, have been fulfilled; and No notice of appeal had been served on the Subdivision and Development Appeal Board in accordance with Section 686(1) of the Municipal Government Act.
1. The proposed development shall conform to the stamped approved plans and shall not be moved, altered or enlarged except where authorized or directed through this permit approval.
2. The outdoor parking of only one commercial vehicle, being the truck with a trailer and a small equipment unit on the trailer, shall be allowed as part of this home based business.
3. No outside storage of equipment, goods, materials, commodities or products shall be permitted beyond the one commercial vehicle noted above.
4. The business shall not generate noise, smoke, steam, odour, dust, fumes, exhaust, vibration, heat, glare of refuse matter considered offensive or excessive by the Development Authority.
5. Only the resident and the resident's family who permanently reside in the residential dwelling on the subject parcel may be permitted as employees.
6. The home based business shall not generate excessive or unacceptable increases in traffic within the neighbourhood or immediate area.
7. No variation from the external appearance and residential character of land or buildings shall be permitted.
8. At all times the privacy of the adjacent residential dwellings shall be preserved and the home based business use shall not unduly offend neighbouring or adjacent residents by way of excessive lighting, late calling of clients of an unreasonable number, or traffic congestion.
9. The display or placement of signage on the premises shall be in accordance with Subsection 15.3 as per Parkland County's Land Use Bylaw 2017-18.
10. Any proposed changes shall first be submitted for review by the Development Authority. Any changes considered substantial or inconsistent with this approval, as determined by the Development Authority, may require separate development permit approval.
11. Failure to comply with the conditions of this permit may result in the permit being cancelled 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.
Parkland County 53109A Highway 779, Parkland County, AB Canada, T7Z 1R1 Phone (780) 968-8888 Toll Free 1-888-880-0858 Fax 780-986-8413 www.parklandcounty.com
SDAB - 2020-08-17 Page 14 of 67 File No.: 20-D-162 Page 2 of 2
2. The applicant is responsible to ensure compliance with the Restrictive Covenant(s) registered on Title.
DATE OF ISSUE OF DECISION: July 08, 2020
The development must be started and diligently pursued within twelve (12) months from the date of decision, unless otherwise specified on this development permit approval or in the conditions of the development permit approval. If the authorized development is not commenced, the approval ceases and this permit is deemed void, expired and without effect, unless an extension to this permit has been previously granted.
Pursuant to the provisions of the Municipal Government Act, Statutes of Alberta, a Development Permit decision may be appealed to the Subdivision and Development Appeal Board. For further information contact Parkland County Legislative Services at 780-968-8888.
PLEASE NOTE: Parkland County requires that a non-refundable fee of $200.00 must be paid for and appeal served on the Subdivision and Development Appeal Board by the applicant. ______Feinan Long Development Planner
Parkland County 53109A Highway 779, Parkland County, AB Canada, T7Z 1R1 Phone (780) 968-8888 Toll Free 1-888-880-0858 Fax 780-986-8413 www.parklandcounty.com
SDAB - 2020-08-17 Page 15 of 67
Exhibit B Municipal Development Plan Excerpts
SDAB - 2020-08-17 Page 16 of 67 BYLAW 2017-14
Parkland County Municipal Development Plan
One Parkland: Powerfully Connected.
SDAB - 2020-08-17 Page 17 of 67 Morinville
Lac Ste. Sturgeon Anne County Onoway County
Alberta Beach
UV757 St. Albert
Yellowhead UV779 County Entwistle kj Gainford ! Fallis ! k )"31 jk " jk j Wabamun )16 k Seba Wabamun Lake Lakeview Spruce Beach Wabamun Betula Point Alison No. 133B Grove )"16A Beach Kapasiwin Carvel Pembina River ! Stony Plain Edmonton Duffield jk Spring Lake 628 Paul First Nation UV Wabamun No. 133A Enoch Cree Nation Stony Plain No. 135
Keephills UV627 )"22 ! )"60 UV759
UV770 jkTomahawk
UV624 No Northrth Saskatchewan River Sas katchewan River
Brazeau DEVELOPMENTLeduc County CONCEPT Leduc County Calmar
Drayton Thorsby Valley
Fgurei 7 | DEVELOPMENTJun 13, 2017 - 13:39 PM W:\2010 CONCEPT Parkland County MDP\GIS\Maps\F6_DevelopmentConcept.mxd Morinville Legend
Country Residential and County M kj Priority Growth Hamlet k Fifth Meridian Area Structure Plan Lakefront Residential : Development Concept Sturgeon jk Growth Hamlet jk Local Employment Area Major Employment Area Lac Ste. Parkland County Onoway County Anne County ! Rural Hamlet Rural Agriculture Area Resource Extraction Licence Area June, 2017 Map and data for informational and planning purposes only. Metropolitan Area Alberta Beach
UV757 St. Albert
Yellowhead UV779 County Entwistle kj Gainford ! Fallis ! k )"31 jk " jk j Wabamun )16 k Seba Wabamun Lake Lakeview Spruce Beach Wabamun Betula Point Alison No. 133B Grove )"16A Beach Kapasiwin Carvel Pembina River ! Stony Plain Edmonton Duffield jk Spring Lake 628 Paul First Nation UV Wabamun No. 133A Enoch Cree Nation Stony Plain No. 135
Keephills UV627 )"22 ! )"60 UV759
UV770 jkTomahawk
UV624 No Northrth Saskatchewan River Sas katchewan River
Brazeau Leduc County Leduc County Calmar
Drayton Thorsby Valley *NOTE: Interpretation of Figure 7: Development Concept shall be considered in conjunction with policy overlay areas as depicted in Figure 9: Prime Agriculture Areas, Figure 11: Prime Recreation and Tourism Areas, and Figure 14: High Priority Landscapes. Jun 13, 2017 - 13:39 PM W:\2010 Parkland County MDP\GIS\Maps\F6_DevelopmentConcept.mxd ONE PARKLAND: POWERFULLY CONNECTED - OCTOBER 2017 | 28 Legend
Country Residential and County M SDAB - 2020-08-17 kj Priority Growth Hamlet k Major Employment Area Page 18 of 67 Lakefront Residential : Development Concept jk Growth Hamlet jk Local Employment Area Major Employment Area Parkland County ! Rural Hamlet Rural Agriculture Area Resource Extraction Licence Area June, 2017 Map and data for informational and planning purposes only. Metropolitan Area ECONOMIC COMPETITIVENESS AND EMPLOYMENT
EMPLOYMENT AREAS
Major Employment Areas | Major employment areas accommodate significant concentrations of business and economic activities for commercial, light industrial and medium industrial development with regional significance. Major employment areas will provide municipal servicing and a higher intensity of employment opportunities. Major employment areas require significant transportation infrastructure and good access to regional and national markets. Acheson Industrial and Fifth Meridian Industrial are major employment areas within Parkland County.
Local Employment Areas | Local employment areas accommodate a concentration of industrial, commercial and institutional land uses with a locally significant concentration of employment. A rural industrial commercial park will accommodate land uses requiring larger lots and lower levels of infrastructure and amenities. The Entwistle Business Park is a local employment area within the County.
Local Services | Business sector growth within Parkland communities supports the provision of local services and jobs within the County’s hamlets. The County strongly supports growth within its existing hamlets, including new employment and institutional uses which serve the everyday needs of the surrounding community and provide a wide range of services and amenities at a scale appropriate to the community.
Home-based Business | Home-based businesses provide economic opportunity and diversity throughout Parkland County. The County recognizes and supports home-based business as a viable lifestyle and economic development opportunity. The County recognizes and encourages home-based businesses throughout the County.
Corridor Development | Parkland County has an excellent transportation network which has enabled employment and economic growth in all areas of the County. Major transportation corridors provide opportunities for more intensive forms of development such as commercial, retail and institutional uses.
Natural Resource Extraction | Parkland County supports the responsible extraction of aggregates and other natural resources within its boundary. Responsible natural resource extraction operations effectively manage the environmental and off-site impacts of their operations while providing local employment and economic growth.
45 | PARKLAND COUNTY MUNICIPAL DEVELOPMENT PLAN
SDAB - 2020-08-17 Page 19 of 67 ECONOMIC COMPETITIVENESS AND EMPLOYMENT
5.0.5 Growth in Home- a. The County encourages home-based businesses in all areas of Parkland County. based Business b. The County will seek to support home-based businesses through provision of adequate infrastructure, transportation network (road) access, economic development promotion and potential high-speed internet. c. Home-based businesses shall: i. have adequate road access and parking; ii. cause minimal impact on the environment, water, municipal infrastructure and neighbouring properties; and iii. be secondary (in size and scale) to the residential use of the property.
5.0.6 Attractive Corridor a. Development along highways and major roads shall be planned in a comprehensive manner and be Development concentrated at highway intersections, near interchanges and in consideration of service road locations. Single parcel or dis-contiguous development along the highway and major County road corridors is generally discouraged. b. Development that is highly visible from a major transportation corridor should enhance visual attractiveness through design features, such as landscaping, fencing, buffering and other design features, to the satisfaction of the County as regulated in the Land Use Bylaw. c. The County may identify key transportation corridors for future corridor studies or may establish corridor development standards for key corridors.
ONE PARKLAND: POWERFULLY CONNECTED - OCTOBER 2017 | 48
SDAB - 2020-08-17 Page 20 of 67
Exhibit C Area Structure Plan Excerpts
SDAB - 2020-08-17 Page 21 of 67 SDAB - 2020-08-17 Page 22 of 67 SDAB - 2020-08-17 Page 23 of 67 SDAB - 2020-08-17 Page 24 of 67
Exhibit D Land Use Bylaw Excerpts
SDAB - 2020-08-17 Page 25 of 67 PARKLAND COUNTY LAND USE BYLAW BYLAW 2017-18
One Parkland: Powerfully Connected.
Consolidated for convenience only. Current as of June 19, 2020.
In the event of a discrepancy between this consolidated Bylaw and the original Bylaws, the latter shall apply.
SDAB - 2020-08-17 Page 26 of 67 33 34 35 Town of 35 36 31 32 Stony Plain
29 28 27 26 29 28 27 26 25 30 UV628 2019 Land Use District
24 19 Map 10 24 19 20 21 22 23 T.52 R.27 T.52 R.26 District 18 17 16 15 14 13 13 13 18 Stony Plain AGG - Agricultural General District Indian Reserve AGR - Agricultural Restricted District 779 UV #135 ANC - Agriculture / Nature Conservation District 11 12 7 12 12 7 8 9 10 CR - Country Residential District BI - Business Industrial District
2 1 6 1 1 6 5 4 3 MI - Medium Industrial District UV627 BIR - Regional Business Industrial District IRD - Industrial Reserve District 33 34 35 36 35 36 31 32 36 36 31 32 33 34 RIC - Rural Industrial Commercial District PC - Conservation District 28 27 26 25 26 25 30 29 25 25 30 29 28 27 Direct Control District Acheson Industrial Commercial Area Overlay
20 21 22 23 24 22 23 24 19 24 24 19 20 21
17 17 T.5116 R.2615 14 13 18 T.51 R.2715 14 13 18 13 13 18 17 16 UV60
10 11 12 7 8 11 12 7 8 9 12 12 7 8 9 10
NEF 25
4 3 2 1 NEF 30 2 1 6 5 1 1 6 5 4 3 Town of NEF 35
Devon 35 31 32 WHALE 36 31 32 33 34 LAKE36 35 T.50 R.27 Consolidated to April 23, 2019 T.50 R.28 Cadastral current to April 30, 2019 29 28 T.50 R.26 25 26 25 30 Kilometers 0 1.25 2.5 5 ³ 1:149,000 24 23
1
2 5 7 9 9A
Fifth Meridian 3 4 6 8 10
SDAB - 2020-08-17 Page 27 of 67 PARKLAND COUNTY LAND USE BYLAW BYLAW NO. 2017-18 CONSOLIDATED JUNE 19, 2020 5.3 CR – Country Residential District CR Purpose
The purpose of this district is: • To provide for traditional Multi-Parcel country residential communities; • To accommodate residential development that meets varied housing and lifestyle needs; and • To accommodate certain agricultural pursuits.
Uses
a) Fundamental Use Provisions The Fundamental Use Provisions as requisite qualifiers for Permitted and Discretionary Uses listed within Subsection 2 b) and c) shall ensure: i) That the following uses shall not be located within a Multi-Parcel Residential Subdivision: (1) Animal Health Care Service (2) Cemetery (3) Government Services (4) Home Based Business Level 3 (5) Indoor Participant Recreation Services (6) Medical Treatment Services (7) Natural Sciences Exhibit (8) Outdoor Participant Recreation Services (9) Recreational Vehicle Storage (10) Utility Services – Major Infrastructure ii) That Natural Resource Extraction/Processing shall not be located within a Multi-Parcel Residential Subdivision; iii) That Manufactured Home, Single Wide shall not be allowed within a Multi-Parcel Subdivision with the exception of the following: (1) Annedale Acres NE 18-53-2-W5M (2) Bowen Lake Estates NW 3-53-2-W5M (3) Brookside Estates N ½ and SE 26-53-4-W5M (4) Cherlyn Heights S ½ of SE 32-53-1-W5M (5) Highland Acres II NE 17-53-3-W5M (6) Lake Isle Estates Pt. N ½ 25-53-6-W5M (7) Meso West II N ½ 24-53-3-W5M (8) Meso West III N ½ 24-53-3-W5M (9) Silver Sands Estates NE 20-53-1-W5M
Land Use Districts Section 5 - Residential CR – 40
SDAB - 2020-08-17 Page 28 of 67 PARKLAND COUNTY LAND USE BYLAW BYLAW NO. 2017-18 CONSOLIDATED JUNE 19, 2020
(10) Summerview Heights SE 25-53-6-W5M (11) West 80 Estates S ½ and NW 17-53-2-W5M (12) Westland Park I SE 22-53-3-W5M (13) Plan 792 0114 NE 10-53-1-W5M iv) That a Wind Energy Converter System - Minor, as a Permitted Use, is limited to no more than one system; and v) That a Wind Energy Converter System - Minor, as a Discretionary Use, is limited to no more than two systems.
Bylaw No. 2019-01 d) PERMITTED USES e) DISCRETIONARY USES Bed and Breakfast Home Animal Health Care Services Dwellings, Single Detached Apiary Home Day Care Boarding House Park Cannabis Cultivation, Minor Show Home Cemetery Accessory Uses for the uses listed in 5.3.2 Community Recreation Services b) Cottage Industry Day Care Services Dwelling Duplex only on Pt. NW 35-53-27 W4 Educational Services Government Services Group Care Facility Group Home, Limited Group Home, Major Home Based Business Level 2 Home Based Business Level 3 Horticultural Use Indoor Participant Recreation Services Kennel Manufactured Home Single Wide Medical Treatment Services Natural Resource Extraction/Processing Natural Science Exhibit Out-Building Outdoor Participant Recreation Services Professional, Business, Financial and Office Support Services only on Block 14, Plan 4134RS Riverview Acres
Land Use Districts Section 5 - Residential CR – 41
SDAB - 2020-08-17 Page 29 of 67 PARKLAND COUNTY LAND USE BYLAW BYLAW NO. 2017-18 CONSOLIDATED JUNE 19, 2020
d) PERMITTED USES e) DISCRETIONARY USES Bylaw No. 2018-09 Religious Assembly Riding Arena Recreational Vehicle Storage Secondary Suite Small Animal Breeding and/or Boarding Services Tourist Campground, Destination Tourist Campground, Enroute Wind Energy Converter Systems – Major Wind Energy Converter System – Minor Accessory Uses for the uses listed in 5.3.2 c)
Bylaw No. 2018-09 Subdivision
a) Parcel Area Requirement (for purposes of new Parcel creation only) i) Extensive agriculture and extensive livestock shall have a minimum Parcel area of 16.0 ha, more or less. The minimum Parcel Frontage shall be 400.0 m , more or less. ii) Manufactured Home, Single Wide and Dwelling, Single Detached shall have a minimum Parcel area of 0.8 ha of contiguous developable land and a maximum Parcel area of 4.0 ha for a single Parcel or Multi-Parcel Residential Subdivision, unless greater area is required to include shelterbelts, buildings or other improvements related to the residential component of a farmstead. Minimum Parcel width at the Parcel front shall be 30.0 m excepting that it may be 20.0 m fronting onto an internal cul-de-sac. iii) The maximum width:depth ratio for a residential Parcel shall be 1:4. iv) For all other Permitted and Discretionary Uses, the minimum and maximum Parcel area requirements shall be determined by the Subdivision Authority. b) Parcel Density Requirement (for purposes of new Parcel creation only) i) Extensive Agriculture and Extensive Livestock shall have a maximum of two (2) 32.0 ha Parcels or a maximum of four (4) 16.0 ha Parcels, more or less, from a quarter section. ii) Manufactured Home and Dwelling, Single Detached for single Parcel residential subdivision shall have a maximum of three (3) single residential Parcels from an un- subdivided quarter section or a maximum of one (1) single residential Parcel from an existing 32.0 ha Parcel, more or less but not less than 28.0 ha unless significant physical features dictate otherwise at the discretion of the Subdivision Authority. iii) For all other Permitted and Discretionary Uses, including Multi-Parcel Residential Subdivision, the Parcel density requirement shall be determined by the Subdivision Authority.
Development
a) Setbacks for Dwellings, Single Detached
Land Use Districts Section 5 - Residential CR – 42
SDAB - 2020-08-17 Page 30 of 67 PARKLAND COUNTY LAND USE BYLAW BYLAW NO. 2017-18 CONSOLIDATED JUNE 19, 2020
i) A minimum Setback of 7.5 m shall be provided from the Property Line of an adjacent internal subdivision road. ii) A minimum Setback of 23.0 m shall be provided from the Property Line of an adjacent municipal road right-of-way. iii) A minimum Setback of 45.7 m shall be provided from the Property Line of an adjacent Arterial Road right-of-way. iv) A minimum Setback shall be provided as determined by the Development Authority in consultation with Alberta Transportation for Parcels adjacent to a Highway. v) A minimum Setback of 6.0 m shall be provided from the side edge of the Parcel, not adjacent to any roadway. vi) A minimum Setback of 6.0 m shall be provided from the rear edge of the Parcel, not adjacent to any roadway. b) Setbacks for Accessory Buildings i) A minimum Setback of 7.5 m shall be provided from the Property Line of an adjacent internal subdivision road. ii) A minimum Setback of 13.0 m shall be provided from the Property Line of an adjacent municipal road right-of-way. iii) A minimum Setback of 45.0 m shall be provided from the Property Line of an adjacent Arterial Road right-of-way. iv) A minimum Setback shall be provided as determined by the Development Authority in consultation with Alberta Transportation for Parcels adjacent to a Highway. v) A minimum Setback of 3.0 m shall be provided from the side edge of the Parcel, not adjacent to any roadway. vi) A minimum Setback of 3.0 m shall be provided from the rear edge of the Parcel, not adjacent to any roadway. c) Proposed Development on substandard Parcels which do not meet the provisions of this Bylaw shall be considered by the Development Authority and Development Permits may be issued, having regard for the limitations of the Parcel. d) For Discretionary Uses, the minimum building Setback requirement shall be determined by the Development Authority.
Other Development Regulations
a) Accessory Buildings may be Permitted or Discretionary consistent with Subsection 11.1. b) Pursuant to the MDP, a biophysical assessment shall 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, 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. i) The biophysical assessment shall identify and evaluate the environmental significance and sensitivity of existing vegetation, wetlands, other water features, wildlife habitat and unique physical features, and shall recommend appropriate measures for protecting significant features.
Land Use Districts Section 5 - Residential CR – 43
SDAB - 2020-08-17 Page 31 of 67 PARKLAND COUNTY LAND USE BYLAW BYLAW NO. 2017-18 CONSOLIDATED JUNE 19, 2020
c) Permitted and Discretionary Uses are subject to the appropriate provisions and requirements contained within PART 3 - DEVELOPMENT REGULATIONS.
Regulations for an Out-Building
a) Applications for an Out-Building shall be considered at the discretion of the Development Authority based on the merits of the application and the context of the area. Consideration shall include, but not be limited to the size, scale, intensity, and intended use of the development; proximity to buildings on adjacent lands; established character within the area; Parcel size; and reasonable compatibility. b) An Out-Building shall: c) Have a maximum floor area of 53.5 m² i) Be finished with durable exterior building material such as siding, stucco, brick, brick veneer; ii) Be located within the rear 30% of the Parcel if located on a Multi-Parcel Subdivision; and iii) Be screened to the satisfaction of the Development Authority.
Land Use Districts Section 5 - Residential CR – 44
SDAB - 2020-08-17 Page 32 of 67 PARKLAND COUNTY LAND USE BYLAW BYLAW NO. 2017-18 CONSOLIDATED JUNE 19, 2020
b) The minimum distance of separation between a new or expanding Confined Feeding Operation and a multi-Parcel residential development, any urban centre, school, hospital, Hamlet, or a Direct Control District shall be the greater of i) 0.8 km, or ii) the Minimum Distance Separation (MDS) Formula as described in the Agricultural Operation Practices Act (AOPA), Standards and Administration Regulation, Section 3. The MDS formula is outlined in its entirety in the AOPA, Standards and Administration Regulation, Schedule 1. c) Notwithstanding any other provision of this Bylaw that requires a minimum Setback, the minimum distance of separation between a proposed Dwelling Unit and a Confined Feeding Operation, allowed under the AOPA, shall be equivalent to the required distance of separation between a proposed Confined Feeding Operation from an existing Dwelling Unit as determined by the Natural Resources Conservation Board. d) Where more than one (1) minimum Setback distance is applicable under this Bylaw, the greater distance shall prevail. e) In all land use districts, where Multi-Parcel Residential development is allowed, it shall be a Discretionary Use if it is within the minimum distance separation for a Confined Feeding Operation allowed under the AOPA.
12.8 Home Based Business 1. The following provisions shall apply to all Home Based Business Level 1: a) the business must be located in the principal building or accessory building(s) approved by the Development Authority; b) no storage of goods, materials, commodities or finished products shall be permitted except within the dwelling; c) no variation from the external appearance and residential character of land or buildings shall be permitted; d) no use of signage; e) no on-site attendance of clients; and f) no person other than the resident(s) of the property may work on-site in the business. 2. The following provisions shall apply to all Home Based Business Level 2: a) no outside storage of goods, materials, commodities or finished products shall be permitted; b) no variation from the external appearance and residential character of land or buildings shall be permitted; c) the use shall not generate excessive or unacceptable increases in traffic within the neighbourhood or immediate area; d) the display or placement of signage on the premises of a Home Based Business Level 2 shall be in accordance with Subsection 15.3;
Development Regulations Section 12 - Specific Use Regulations 145
SDAB - 2020-08-17 Page 33 of 67 PARKLAND COUNTY LAND USE BYLAW BYLAW NO. 2017-18 CONSOLIDATED JUNE 19, 2020
e) the Home Based Business Level 2 use shall not generate noise, smoke, steam, odour, dust, fumes, exhaust, vibration, heat, glare or refuse matter considered offensive or excessive by the Development Authority; f) at all times the privacy of the adjacent residential dwellings shall be preserved and the home based business shall not unduly offend neighbouring or adjacent residents by way of excessive lighting, late calling of clients of an unreasonable number, traffic congestion, or excessive on-street or off-street parking, etc.; g) the parking of one (1) commercial vehicle with one (1) accessory trailer such as dual axle gravel truck with pup, trailer carrying a small backhoe, bobcat, or similar, tractor unit only (no trailer), or a three (3) ton truck or like type vehicle may only be allowed by the Development Authority on a discretionary basis; and h) only the resident and the resident’s family who permanently reside in the residential dwelling on the subject Parcel may be permitted as employees. 3. The following provisions shall apply to Home Based Business Level 3: a) with the exception of the CRWL – Country Residential Work/Live District, a Home Based Business Level 3 shall not be located within a Multi-Parcel Residential Subdivision (excluding rural centres) or row housing development and/or if the location of the development is within 150.0 m of a Multi-Parcel Residential Subdivision (excluding Rural Centres) or row housing development; b) outside storage of goods, materials, commodities or finished products shall be at the discretion of the Development Authority; c) the display or placement of signage on the premises of a Home Based Business shall be in accordance with Subsection 15.3; d) the home based business use shall not generate noise, smoke, steam, odour, dust, fumes, exhaust, vibration, heat, glare, refuse matter and storage of hazard or combustible materials considered offensive or excessive by the Development Authority; e) at all times the privacy of the adjacent residential dwellings shall be preserved and the Home Based Business use shall not unduly offend neighbouring or adjacent residents by way of excessive lighting, late calling of clients of an unreasonable number, traffic congestion, or excessive on-street or off-street parking, etc.; f) the parking of any commercial vehicles, including the number considered and location, shall be at the discretion of the Development Authority, notwithstanding, the parking of school buses in excess of the number allowed shall be as per the Community Standards Bylaw; and g) in addition to the resident and the resident’s family who permanently reside in the residential building on the subject Parcel, up to four (4) additional other employees may be permitted as part of the approval and operation of a Home Based Business Level 3, if deemed appropriate by the Development Authority.
12.9 Kennel 1. A kennel shall not be within or adjacent to a Multi-Parcel Residential Subdivision or closer than 300.0 m from the boundary of a Multi-Parcel Residential Subdivision or a row house development.
Development Regulations Section 12 - Specific Use Regulations 146
SDAB - 2020-08-17 Page 34 of 67 PARKLAND COUNTY LAND USE BYLAW BYLAW NO. 2017-18 CONSOLIDATED JUNE 19, 2020
for persons with physical, mental, social or behavioural problems, and which may be for the personal rehabilitation of its residents either through self-help or professional care, guidance and supervision. The residential character of the development shall be primary with the occupants living together as a single housekeeping group and using cooking facilities shared in common. The use class does not include homes or halfway houses for persons under jurisdiction of the Federal or Provincial justice systems; nor does it include treatment facilities such as detoxification centres. H
HIGHWAY COMMERCIAL BUILDING means a Commercial building intended primarily for the use of the travelling public and which is located on a Parcel adjacent to a major route designated as a public Highway pursuant to the Public Highway Development Act.
HOME BASED BUSINESS LEVEL 1 means an office within the residential dwelling for a person who occupies the dwelling. It does not include the visiting of clients to the site, parking of commercial vehicles, any outside storage, or any employees except the resident and the resident’s family who permanently reside in the dwelling. The use is entirely contained within the dwelling and has no external impact on the neighbourhood. Typical uses include self-employed persons providing professional and office support services.
HOME BASED BUSINESS LEVEL 2 means an occupation, trade, or craft for gain or support, and is secondary to the principal residential use. It may include some client visits and the parking of one commercial vehicle and may not include on-site employees except the resident and the resident’s family who permanently reside in the dwelling. Typical secondary uses may include massage therapy, spa/esthetics services, dog grooming, landscaping/snow removal, dressmaking, hairdressing, home crafts and handicrafts, picture framing, delivery services, mobile food vendors or caterers, individual instruction to students, off-site mobile repairs and installation, janitorial services, mobile entertainment services and the carrying out of minor household appliance repair and automotive repair (does not include autobody repair).
HOME BASED BUSINESS LEVEL 3 means trade or craft for gain or support and is secondary to the principal residential use. A Home Based Business Level 3 includes all home based businesses not considered Home Based Businesses, Level 1 or Level 2. It must include the resident who permanently resides in the dwelling and may include up to four (4) employees who do not reside on the property. Typical secondary uses may include contractor services, parking of commercial vehicles in excess of Home Based Business Level 2, automotive and autobody repair and on-site fabrication. This use class does not include more intensive Industrial type of uses that present exterior impacts such as noise, smoke, steam, odour, dust, fumes, exhaust, vibration, heat, glare, refuse matter, and storage of hazard or combustible materials which should be located in an industrial district.
HOME DAY CARE means when a Dwelling Unit is used to provide a facility and/or program for the care, maintenance and supervision of six or fewer children under the age of 15 years, by a person who resides in the Dwelling Unit and who is either related or unrelated to the children involved, for periods of more than three but less than twenty-four (24) consecutive hours, other than institutions operated by or under the authority of the Director of Child Welfare.
Glossary 229
SDAB - 2020-08-17 Page 35 of 67
Exhibit E 20-D-162 Application Items
SDAB - 2020-08-17 Page 36 of 67 Planning & Development Services 53109A Hwy 779 HOME BASED BUSINESS park Parkland County, AB m 1 Rl e Phone: 780-968-8888 county Emal~ [email protected] DEVELOPMENT PERMIT APPLICATION
APPLICANT INFORMATION Applicant Name: Steven Boonstra Property Owner Name: Steven Boonstra Mailing Address: 28 27005 twp rd 511 Spruce Grove Alberta T7Y 1GB CJty Prov. Phone:780-953-5093 Email: steveboonstra@gmail com Interest of Applicant El I am the registered landowner D I have entered into a binding agreement to purchase above-noted property D I have permission of the registered owner(s) to make this application
GENERAL PROJECT INFORMATION Proposed Project Location Plan Block Subdivision/ Hamlet / 7821013 / 3 Chelsea Estates J Townsh1/·p Section Quarters~ 51 ..1..,, DNW ~ Dlsw 0JSE ectcne)
28-27005 twp rd 511
Proposed Pro ect Desaiption 'Used Tool/ Equipment Sales Type of Development
!!I Home Based Business Level 2 D Home Based Business Level 3 PROJECT DETAILS Name of Business: B Clan Enterprises Ltd Description of Business: Field service (Off site work) & Used Shop tool & Egupiment repair & sales (onsite work) Days&HoursofOperation:Monday- Friday from 8am-5pm
Does the property require a new or upgraded approach? EINo CJ Yes (if Yes, an Approach Application must be submitted)
Is the proposed business located in an existing building? DNo E]Yes (If Yes, provide details below) Size of structure: Length._4_2 _ Width._6_0 _ Square footage._2_5_20 _ Proposed improvements to the structure (colour, texture, exterior finish):. _ None
Is there outdoor storage associated with the home based business? D No E]Yes (ifYfidesoibe below) Type of Items/ Equipment Related to Business (in duding vehicles): _ fork lift Trailer 60 f 3rl .. &'.>8 'is s" F- db
DEVELOPMENT PERMIT I dO . D . Jt; d Page 1 of2 ~ '- 95-t:U.J2.D.,,o
SDAB - 2020-08-17 Page 37 of 67 HOME BASED BUSINESS ~parlla DEVELO PMENT PERMIT APPLICATION (Continued) county
Are there employees other than the resident and resident's family who permanently reside in the dwelling 7 El No D Yes - If Yes provide the following: 1 J Number of employees __ 2) Employees are: CJ onsite [loffsite
Does this home based business have on site attendance of clients? ONo El Yes- if Yes# of estimated daily visits _3 ~
APPLICATION SUBMISSION REQUIREMENTS ~ Application Fee (non-refundable). Fees are set out in Parkland County's Fees & Chdrges. ~ Completed Application Form 0 1 Set of Plans (no larger than 11" x 17") @Site Plan
@ Floor Plans 0 Building elevations ~ Certificateofntle(noolderthan 14days) Note: Incomplete applications wl/1 not be ar:a}pted.
APPLICANT DECLARATION 0 I hereby consent to receive communication and development permit decision through electronic means. 0 It is understood that if this application is approved or refused by the Development Authority it may be appealed to the Subdivision and Development Appeal Board (SDAB). It is further understood that the SDAB may confirm, revoke, or vary the Development Permit or any condition as a result of such an appeal being duly served, and that any work undertaken prior to an appeal being fried is entirely at the applicant's risk. 0 Any approvals granted regarding this application does not excuse the applicant from complying with the requirements of any Federal, Provincial or other Municipal Legislation or the conditions of any easement, restrictive covenant or agreement affecting the buildings or lands. 0 Permit fees will automatically be doubled for development that has been started or completed before a development permit has been issued.
I confirm by my signature below that the information contained in this application, including plans and details, is to my knowledge, true and complete:
June 18/2020 ~~ .. Date
The personal Information provided by you is being collected l>'lder the authority of the Municipal Government Act and wal be used for the purposes under that Act. The personal information that you provide may be made public, subject to the provisions of the Freedom oflnformation and Protection of Privacy Act(FOIP). If you have any questions about the collection, use, and disdosure of this information, please contact the FOIP Coordinator at Parkland County, 53109A HWY n9, Parkland County. Alberta T7Z 1 Rl (780-968-8888) or email [email protected].
FOR OFFICE USE ONLY Application Fee~· _ DOB OMC DVISA OCHQ OCSH Receipt Number:~------Oate: .Rec'd By; ~Accountlng Codes OP App: OAF; 1735 Trtle:TITL2505 NOTES: _
DEVELOPMENT PERMITI _ Page 2 of 2
SDAB - 2020-08-17 Page 38 of 67 From: Feinan Long To: Development Subject: FW: Home based business application Date: Wednesday, July 29, 2020 11:44:33 AM
From: Steve
Good day
I have designated approximately 2500-3000 square feet for outdoor storage behind my shop (out of site of any traffic from the road) this can house approximately 4-5 trailered units. I have spoken with a about 6-8 Neighbours including Richard right next door to me. They are all very supportive of me and are willing to wright letters stating as such if required. I am trying to mainly focus on remote service work but yes some units will come home to work in my shop. I do not want my yard looking like a junk yard and will maintain a proper professional curb appearance. I absolutely do not want to be having any units that require cranes or any other heavy lifting requirements on the property. If I can’t move it with a reasonable sized forklift I don’t want the work. I do like to buy things from auction that are in disrepair and bring them back to life. I believe this is good for the environment keeping items out of the landfills. I do focus on pipe threaders, forklifts, generators and trailers but am not limited to as I never know what I might find provided they size is not to large for my requirements. I do prefer to work indoors as much as possible so if can’t fit in my shop I don’t want it.
If you have any further questions or if I haven’t been clear in my answers. please feel free to call or email me.
Thank you Steve Boonstra 780-953-5093 [email protected]
SDAB - 2020-08-17 Page 39 of 67 SDAB - 2020-08-17 Page 40 of 67 Exhibit F Development Authority’s PowerPoint Presentation
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SDAB - 2020-08-17 Page 45 of 67 APPLICATION DETAILS
PRIMARY
0.7M RTIS PRIMARYPOWER
HOUSE28 G '--·-·-·-·
Revised Site Plan
parklandcountySDAB - 2020-08-17 Page 46 of 67 SDAB - 2020-08-17 Page 47 of 67 SDAB - 2020-08-17 Page 48 of 67 •
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SDAB - 2020-08-17 Page 49 of 67 SDAB - 2020-08-17 Page 50 of 67 SDAB - 2020-08-17 Page 51 of 67 SDAB - 2020-08-17 Page 52 of 67 Subdivision & Development AppeaI20-D-162
Subdivision & Development AppeaI20-D-162
Response from Applicant
Steven Boonstra
August 7, 2020
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SDAB - 2020-08-17 Page 53 of 67 Subdivision & Development AppeaI20-D-162
August 712020
Parkland County
Planning and Development Services
53109 A Highway 779
Parkland County. AB V7Z lRl
Re: Subdivision & Development AppeaI20-D-162
To whom it may concern,
I would like to start off by thanking you for your time in regard to this matter. My name is Steven Boonstra, I am a husband and a proud father of three amazing children. I have been a journeyman mechanic since June 111998. In January of 2012 I left the automotive industry and went to work in the oilfield repairing and maintaining generators. My employment with Accede
(Latmann Equipment) had me travelling allover Alberta, Northern BC, and Saskatchewan, I would be gone anywhere from a few days up to a week at a time. About 3-4 years ago my family was hit hard during the recession with pay cuts, benefits reduced, as well as hours cut back. At that time, I had to make a decision as to how to supplement my income. I started buying, repairing and selling used tools and equipment, in my spare time as a hobby and as a way of bringing in a little extra money to pay the bills. Despite all odds we found that this was working out way better than we ever hoped and chose to develop it into a company, As of June
2019, B Clan Enterprises was born. Things were going very well up until March of this year when the company I was working for fulltime went into receivership and I was laid off from my
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SDAB - 2020-08-17 Page 54 of 67 Subdivision & Development AppeaI20-D-162 job. At this point with Covid on the rise and everything happening in the country we decided that we would put a stronger effort into making the company work. For me this was a dream come true because I've dreamt of being able to work from home and being able to set my own hours allowing me more time to spend with my family.
My wife and I moved to Chelsea estates in July of2012 for a number of different reasons.
First, through research, we found that Graminia school is ranked amongst the highest in Alberta with a top-notch staff. We also liked the fact that it was close to a number of major centers for shopping etc. The one thing that I personally liked was the fact that it was paved right to our door and for the fIrst few years of living here we were paying taxes specifIcally for the paving of the road and we do not want to see it damaged any more than the next person.
I will admit that I was louder this spring when I was trying to clean up my yard and catch up on chores. I was also placed in a situation where I had to bring all of my personal tools and equipment home due to the loss of my job. On May 2912020 I got a call from OffIcer Moronis, a
parkland county bylaw offIcer. He informed me that I had a noise complaint fIled against me for
operating my pressure washer and my forklift. He was vague on any specifIc details and only
stated that the noise was from my place and during the hours of 9:00am and 3:00 pm at some
point in the previous 2 weeks. I asked him if I was going to be fined, he had said no and that this
was a verbal warning. He did not come down to my home to investigate anything, no noise
readings were taken and not even a written warning was given to me. He stated that he felt it was
a frivolous complaint due to the nature of the noise and the time of the infraction. None the less I
took the complaint very seriously and started to make some changes in order to keep the
anonymous complainant happy. I had 18 more trees planted in the front yard as a visual/noise
barrier and I also had some gravel brought in for the south side of my shop to add space to shield
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SDAB - 2020-08-17 Page 55 of 67 Subdivision & Development Appeal 20-0-162 any business from the road. I have also made several inquiries into different equipment and renovations that could be pursued if required to satisfy neighbors to complete this permit.
I have done a noise analysis of my pressure washer, lawn tractor, forklift and other pieces of equipment that I operate for personnel and business-related needs. I acquired a Scosche
SPLIOOOdB meter. On August 4 12020 from approximately 1:00pm to 1:30pm I performed the test on my personal and business equipment placing them on my driveway and testing from the entrance to my driveway approximately 100 ft away with absolutely no noise barriers in the way.
The results showed that no item on my property could achieve the 75DB limit set by Parkland county bylaw.
Some of the loudest equipment I tested were the equipment we all use to maintain our properties, including the equipment that I see on most properties such as a lawn tractor, snow blower, log splitters and pressure washers. In the appeal to my application it states that since the
noise complaint was filed at the end of May of this year the noise levels from my property have been '"Very quiet" and yet I still had to mow my lawn and wash my cars. I got approved for my
permit on July 8/2020 and up until July 2412020 I have been performing my business tasks as
normal. With the exception of cleanup that has fallen behind while I was working away from
home. I have also made arrangements with Frank Rathman at Latmann Equipment to perform all
my Generator testing in Calmar at his facility (letter attached). This was done shortly after the
noise complaint was brought to my attention
The only other concern that was mentioned in the appeal is that I will be causing damage
to the road due to heavy loads. This is also very important to me as I enjoy having the high
quality of roads right to my door. The weight of the equipment in question are as follows:
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SDAB - 2020-08-17 Page 56 of 67 Subdivision & Development Appeal 20-0-162
1. Magnum mmg 120 100kw trailer mounted generator = 931 Olbs
2. 2002 GMC W5500 (2-ton flat deck truck) My Total weight can be no more than
13,896Ibs.
3. As a reference a Freightliner Thomas School bus similar to the one that picks up my
children would have a GVWR of approximately 29,000 lbs.
Anything I bring to the property that exceeds my limits of hauling personally, typically a forklift, I have always hired a tow truck company to bring them home. I would like to note that the forklifts in question weigh in at approximately 12,000lbs about the same weight as a I-ton service truck and are usually hauled in on a tandem axe tow truck. I have to trust in the truck drivers to know the limits of their equipment and their training to make sure they are not overloaded at any time including times that road bans are on. I do encourage anyone in the neighborhood to report any outfit entering the subdivision or any other public roadway for that matter that they feel may be breaking the law by hauling oversized or over weight loads.
I would also like to address the frequency of which equipment has been reported to have moved on and off the property.
1- Up until March of this year I had a full-time job that in no way would permit me the time
to accomplish this.
2- Yes, I have had to use a forklift to load and unload generators and other things but most
generators are trailered units. I did disable the back up alarmjust after the noise
complaint came in.
3- Yes, I do wash the units and yes sometimes it can take a couple of hours to accomplish,
with a new layout within the yard I believe this will no longer be a concern.
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SDAB - 2020-08-17 Page 57 of 67 Subdivision & Development Appeal 2D-D-162
4- Yes, the units move into the shop for repairs and in some cases I am forced to wait 8-12
weeks for parts.
5- Yes, I do test everything I repair to verify proper function of the equipment. As stated
above ALL GENERA TOR testing will be performed off site in Calmar.
6- As per my sales records I have to date bought, repaired and sold approximately 24
generators over the course of the last 3-4 years which accounts to only 6 per year at a sale
rate of 1 every 2 months on average.
As you will see in the attached documents, I was unable to contact all of my neighbours however I do have support from 25 out of 28 neighbours. Some have written letters in support of my business.
I do question how much noise I am being accused of is actually being generated from my property, when I was out talking with the neighbors most of them admitted to me that they too own similar things such as gas powered pressure washers and due to Covid there is a higher than normal number of people working from home. With their ability to accomplish their work in a timely manner or altered schedule they too have been performing a higher number of odd jobs and chores in their yards than in previous years. I find it hard to believe that if anyone had concerns with me expelling noise from my property at the rate which is stated that they would have not waited this long to address it. I have never personally met Mr. Schick, when I moved to the neighborhood, I was advised that he likes to be left alone and I respected that. I felt that if he wanted to have any relationship with my family, he would have simply come over and introduced himself like most of the other neighbors I have met have done. In the future I invite anyone to bring any concerns that they may have with me or my family directly to me either in person, by Phone or text (780-953-5093) or by [email protected]
6
SDAB - 2020-08-17 Page 58 of 67 Subdivision & Development Appeal 20-0-162
I would like to thank you for your time and consideration in this matter and I eagerly await your response.
Attachments
Petition: 3 pages
Letters of Support: 4 pages Letter from Latmann Equipment: 1 Page
Sincerely Steven Boonstra
7
SDAB - 2020-08-17 Page 59 of 67 I
As you may know I have been operating a business from home at lot #28 27005 Twp. Rd. 511 for approximately 4 years as more of a hobby, In the past year I have decided to register as a business and apply for the proper licenses. This license has been disputed by a resident within Chelsea estates with a claim of excessive noise and traffic. The license I have applied for will allow for 3 customers per day which will not be an increase over what there has been in the past.
I asJ Lot#_'b~_ Signature~ Name Ket\e- IOpo\() Lot# ~ -- Lot#k , -- Lot# J 6 Signatur~~ Name l) i 'Q 1IQ.: Lot#_~/_l_ SDAB - 2020-08-17 Page 60 of 67 2 As you may know I have been operating a business from home at lot #28 27005 Twp. Rd. 511 for approximately 4 years as more of a hobby,ln the past year I have decided to register as a business and: ., apply for the proper licenses. This license has been disputed by a resident within Chelsea estates with a claim of excessive noise and traffic. The license I have applied for will allow for 3 customers per day which will not be an increase over what there has been in the past. I ask for you:pport by signing this petition which will be submitted to Parkland c7_._----- NamJ)~lltI !tilG Lot # 7 Signature...,)d;<--~ _ Lot #__ k\_,'.,_, _ Lot #__ t.f__ rL/ ~_, Name I~{;IJ LvA-Tle Name ~t-f dkjwv Lot # 10 Signature~ Name hflbJ ~ Lot # r2- Signature ~ · c=:_\ Name 2H1£'1.i!f.I1l10l<~ Lot # Signatur~~ I , 3~ , bltJf}tf Name .2/# A l10RU r Lot #_~..__.___ Signature_--,~~ __ ~ _ Name~!1 (._.1= fr.cbrJ J--Lot# :37 Name '\\yan ~v Lot# 36 SDAB - 2020-08-17 Page 61 of 67 3 As you may know I have been operating a business from home at lot fl28 27005 Twp. Rd. 511 for approximately 4 years as more of a hobby, In the past year I have decided to register as a business and apply for the proper licenses. This license has been disputed by I ask for you support by signing this petition which will be submitted to Parkland County. lot #_ _.:_/__ :) I Name !Cl. L1 lot #____.5.:;___ Signature Name~ lot #--,oJ,_r'..__· _ Signature lIJIedddfrff.!e( Lot# d~ Sign~<;1R? Name ------Lot# Signature ------ Name ------lot # Signature ------ Name ------lot # ----- Signature ------ Name ------lot # ----- Signature ------ Name ------lot # ----- Signature ------ Name ------lot # ----- Signature ------lame ----- Scanned with CamScanner SDAB - 2020-08-17 Page 62 of 67 LATMANN EQUIPMENT LTD. th July 30 I 2020 To Whom It May Concern: Please be advised that on June 1, 2020 Steven Boonstra come in to discuss with me the fact that he had a noise complaint from one of his neighbours and asked if he could use my facility in the Calmar Industrial Park to test his generators. I have agreed to let Steve bring his units here for testing purposes. Thus far, he has brought over 4 units. The first 2 he tested on July 10, 2020 and said he had 2 more to test but was still working on them. Steve brought the third unit into our yard on July 20, 2020 and tested it. The fourth unit was brought in on July 24th 2020 Steve has advised me of one more to be tested and he is still waiting for parts to arrive for repairs required before testing the generator. Thank you Best, regards, 'fJJ\ Frank Rathmann Manager FR:sk SDAB - 2020-08-17 Page 63 of 67 To whom it may concern: I am writing in response to the application for business licence at 28-27005 Township Road 511. We have lived in this subdivision for several years, these operations have been ongoing for almost as long as we have-lived at this location. I will not deny that at times I have witnessed items relating to the business on the property however it has always been kept neat, tidy and organized. Steve has been very accommodating and respectful in communicating with me to ensure we do not have any issues with himself, his property, or any operations taking place. It is also quite convenient that he is always happy to help the odd time we need the use of such equipment or tools that he has. Regarding noise, it is my understanding there was a noise complaint a while back which comes as a surprise to me as I have heard little to no noise ever come from this property, I have heard a backup beeper for short periods, but how much time does anyone spend in reverse anyway. I have never noticed any traffic that I can say was business related. Most noise at my house comes from cows that I do not know where they are, dirt bikes off in the distance, a, peacock/rooster and lawn mowers, (none of which! am complaining about). Never have I witnessed heavy traffic at his property aside from his flat deck truck which would weigh far less than most large RVs. In my opinion Steve operating this business in the manner he is, has no impact on the rest of the neighborhood. Unfortunately, I will not be signing this letter as I wish to remain anonymous. SDAB - 2020-08-17 Page 64 of 67 July 26,2020 Parkland County Planning and Development Services 53109A Highway 779 Parkland County,AB V7Z 1R1 RE: Subdivision & DevelonmentAp~al- 20-D-162 To Whom it may concern .. We are the residence residing east of the applicant (30-27005 TWP RD 511) . After thorough review of the application and appeal, we feel that the applicant has made the appropriate changes to continue their persuit of a level two business application. As long as normal business hours are being followed, we have no objection. As far as the traffic concerns, we feel that the level of traffic that uses this roadway on a daily basis will not affect the wear and tear of this subdivision. Without prejudice Abraham Gayle Lambert SDAB - 2020-08-17 Page 65 of 67 To Whom it may concern, County of Parkland Regarding: #28 - Chelsea Estates, Parkland County Steve Boonstra I am Writing this letter in support of Steve and his business. Steve has been a neighbor since the summer of 2012 and to date I have never been inconvenienced or bothered by any activities at his house. He and his family have been nothing but excellent neighbors. I am certain and can prove that complaints to the frequency and size of vehicular traffic coming and going from his property, have been greatly exaggerated or falsified. My security camera looks down the road past his house so if you have any dates and times in question I will go through the recordings and forward them on. Our deck faces Steve's yard and shop so if there was an overabundance of noise being created, I would hear it, again to date I have no complaints. Since the COVID 19 problem my wife and I have been home 80% of the days and again have noticed nothing that is concerning. In conclusion I am asking you to allow Steve to continue to prosper as an upstanding citizen, taxpayer and businessperson of Parkland County and as my neighbor. If you would like an in person or phone conversation, I invite you to call me. Robert McKercher #24 - Chelsea Estates, Parkland County 7809038148 [email protected] SDAB - 2020-08-17 Page 66 of 67 July 30, 2020 Parkland County Planning and Development Services 53109A Highway 779 Parkland County, AB V7Z lRl Re: Subdivision & Development Appeal 20-0-162 To Whom it may concern: As residents in the Chelsea Estates community, we have no concerns with the Boonstras having a home based business on their property; and would like to express our support in their regard. In the 8 years we have been neighbours, they have proven to be kind and conscientious members of our community; concerned with contributing to and caring for others. At no time have their activities created excessive noise or any concerns for us. Nor have we noticed a significant change in traffic in our community. We would be happy to speak with you personally, should we be able to offer further assistance on their behalf. Sincerely, ~ Jennifer Abraham Chelsea Estates 3427005 Township Road 511 Spruce Grove, AB T7Y 1G8 780-782-5550 mobile SDAB - 2020-08-17 Page 67 of 67