OLDS — A vehicle salvaging business in Olds cannot continue, at least for the next six months, because a bylaw amendment to change the zoning was defeated by town council, a planner working on behalf of the town says.
A vehicle salvage yard existed there well before the request for a zoning change. That change was requested after town officials noted such operations weren’t allowed under the existing zoning.
The proposed bylaw, had it been passed, would have changed the land at 4250 47th Ave. from lndustrial Business District (lB) to Light lndustrial District (ll).
That change would have allowed the salvage yard to continue operating there as a discretionary use. That way, the town, through the municipal planning commission, could impose conditions on how it operates.
“Bylaw 2021-10 was defeated at second reading. Hence no third reading was required. Therefore, the requested zoning change was not approved,” Craig Teal of Parkland Community Planning Services (PCPS) wrote in an email.
“The property remains designated Industrial Business District. The business operation involving the salvaging of automobile parts on the property cannot proceed,” he added.
“The town has no plans to re-zone the property as a town initiative. The landowner is eligible to re-apply in six months’ time. The town is not aware of any intention by the landowner to re-apply.”
Town officials were asked if, in light of the results of the public hearing, they will require the business to remove all salvaged vehicles from the property.
They were further asked if town officials will monitor the site to ensure no further salvaging operations take place on that land or whether they'll wait until the six-month date expires before enforcing current zoning rules for the land.
“The Town of Olds will be enforcing the regulations of the land use bylaw following the council decision to defeat the proposed amendment,” town officials said in an email.
“A notice has been sent to the applicant stating that salvage yard operations must cease immediately on the two parcels, as this use is not permitted in the Industrial Business District. An additional deadline of Sept. 30 has been set for the removal of all related goods and equipment.”
The public hearing, held Aug. 23, lasted for just over an hour.
Two people: the landowner and the business operator, spoke in favour of the proposed rezoning.
Allan Hickok of Diamond Head Properties said he bought the property in the early to mid-2000s. He said he was told it was zoned for heavy industrial businesses and didn’t know otherwise until he and his lawyer were finalizing the papers.
As for the auto wrecking business itself, he said, “I believe that is something that everybody would support in a big way. And this is just a different form of recycling.”
He said its location, beside the rail tracks is a good one.
“What better type of industry and zoning -- where better to place but where you have all that noise and commotion and disruption already? It’s already existed; has existed for decades. It will exist for I don’t know how long into the future. So I believe that that location fits very well,” he said.
In addition, he said several businesses in the community have voiced support for it.
The business operator, Aly Jiwn, said although his business does create some noise, “I don’t think we would be nearly as loud as that train that passes by every hour.”
James Rosenberger who lives on 50th Avenue, right across from the business, opposed the zoning change on behalf of his neighbours, who he said were unable to attend, due to work and medical appointments.
He described it as a “junkyard” located on his “front yard.”
Rosenberger said he’s been woken up by operations at the salvage yard as early as 6:30 a.m.
“If you take a grocery cart with a flat wheel and just magnify that. That’s what I get to wake up to on certain mornings.”
He said back-up alarms can also be heard.
Rosenberger said he witnessed a fire that broke out on the site. He said that apparently happened when a worker was cutting off a vehicle part.
Olds Fire Department Chief Justin Andrew confirmed a fire did occur there.
“I do know that the current operating business has been inspected by our fire inspector and I’m not aware of any outstanding deficiencies or issues that arose as a result of that fire,” he said.
Council was told gasoline, oil and coolant would be stored in separate tanks; also that in case fire breaks out, fire extinguishers are stored “all over the yard” and water is “on hand.”
Rosenberger said he’s not opposed to the idea of a vehicle salvage yard per se, but he said the site proposed is the wrong location, as it’s just across the street from residences.
“We have an industrial area where we have our pot plants. That’s a great area. We places that are away from residences. Those are great areas. This is very inappropriate,” he said.
A fence with black material was erected around the salvage part of the property but Rosenberger said it's not high enough to screen the facility from residents. They can still see over into it from their homes.
An amendment was proposed to increase the height of the fence, but the outcome of the vote made that moot.