MD OF BIGHORN – A composting facility in an old gravel pit turned into a nearly two-hour discussion at the Municipal District of Bighorn’s Municipal Planning Commission (MPC) in an application put forward by Stoney Soil Products.
MPC approved the facility, but with a number of conditions following the lengthy meeting that saw the applicant and administration differ on interpretations of the Municipal Development Plan (MDP).
The conditions included the developer first obtaining approval from the MD prior to making significant changes, the applicant adhering to all provisions of the operating conditions including the erection of a wildlife fence, and the applicant obtaining all operating approvals. The developer also will have to prepare a fire protection and response plan, including clearing vegetation and having a water supply on-site.
MPC member Kevin Hebb put forward his original motion to approve with the updated conditions, which led to the commission's approval.
“I am going to make the motion that we approve and force us into a decision because I don’t see any way to proceed,” he said.
The composting site, comprising 4.85 hectares (12 acres), would sit within the 16.1 hectares (40 acres) of Crown lease land north of Burnt Timber Road and had once been a quarry owned by Alberta Transportation and the MD of Bighorn. The site is now vacant.
In 2021, MD of Bighorn council declined first reading on an MDP amendment to allow for composting facilities within the rural conservation policy area and a land use bylaw amendment to add a compost facility as a discretionary use to the forestry district.
The majority of the compostable material that would be expected to be received at the proposed composting facility would be waste from the green bin program.
The site would be fenced and gated, and within it would feature a scale, multi-use building, wood chip storage area, compost pad, curing pad, screening and processing area, and a leachate collection system.
The Alberta government approved the site for composting purposes, with the conditions of wildlife fencing, and a wildlife sweep is conducted before undertaking any activity.
The quarry site is within part of the former gravel pit that has an outstanding reclamation obligation.
MD of Bighorn administration initially recommended the refusal of the development permit application for the composting facility on the grounds the proposed facility would be an industrial use that is not consistent with the MD’s goals and characteristics of the rural conservation area.
“The MDP policy is pretty specific,” said Kwan Johnson, file manager with WSP Canada Inc. “The language is pretty clear such use is not allowed unless the MDP policy is being amended accordingly.”
Another reason cited for the denial of the application is the proposal would be in direct conflict with the waste management and disposal policy of the MDP.
Administration also said before anything could proceed with the composting facility, the MDP would have to be amended.
“Based on my interpretation of the land use bylaw, the MPC shall make a decision that is consistent with the MDP,” Johnson said.
Administration told the commission the applicant was aware an amendment to the MDP would be needed.
“The applicant is aware of it, as mentioned in the staff report,” Johnson said. “The applicant did go through the MDP amendment process, and first reading was declined. Subsequently, they decided to proceed another route.”
Greg Birch with Birch Consulting, who was speaking on behalf of Stoney Soils Products, said it was their belief the composting facility did not violate the MDP.
“We understand the dilemma the MPC will face; we wish to argue against the logic that we are in conflict with the MDP,” Birch said. “We don’t think we are.”
In regards to preserving the rural character of the rural conservation area, Birch disagreed that the composting facility would take away from the area.
“The proposed composting facility does not change the rural character or lifestyle at all,” Birch said. “In fact, the neighbour supports it.”
Birch added the composting facility is a small use within a larger area.
“Where would you expect to find composting facilities? Not downtown Calgary,” Birch said. “They are part of a rural landscape. That is where you will see them.”
The MPC said there were several policies in the MDP the composting facility supports, but it came down to the prohibition of importing material to a site in that area.
“We don’t think the MDP applies in this situation. It says shall be prohibited in industrial and quarry sites. We are neither,” Birch said. “We don’t get it. No one would walk on that piece of land and say this is a quarry.”
Administration said the focus was not on it being a quarry, but on the disposal of waste in a rural conservation area.
The commission asked if the matter could be postponed so Bighorn administration could take another look at it based on the interpretations heard from Birch. Though an option, administration said there would be an issue with the word waste in the MDP. This would require a legal interpretation of waste from Bighorn’s lawyers.
Another option put forward by the commission was to refuse the application and take it to the Subdivision and Development Appeal Board.
Smith said it was brownfield property since it was an industrial property and is now vacant, derelict or underutilized.
“I feel this falls into vacant, derelict, or underutilized,” Smith said. “It no longer looks like a quarry. It no longer identifies as a quarry, and I do believe that natural reclamation has accounted for the majority of this property.”
