Title
PUBLIC HEARING - 9:30 a.m. (30 mins.)
Bylaw No. 2014-23
Proposed amendment to Land Use Bylaw No. 20-2009 to amend Section 10.3 - Atim Creek / Big Lake Floodplain Overlay, Schedule 6 - Atim Creek / Big Lake Floodplain Map and Section 16.4 - Application for a Development Permit.
Proposed Motions
1. That Bylaw No. 2014-23: Amendment to Land Use Bylaw No. 20-2009 as presented and given first reading on July 8, 2014 be amended to read Bylaw No. 2014-26: Amendment to Land Use Bylaw No. 20-2009 to correct a clerical numbering error prior to receiving second reading; and
2. That amended Bylaw No. 2014-26 be given second reading; and
3. That Bylaw No. 2014-26 receive third and final reading.
Body
Administration Recommendation(s)
Bylaw No. 2013-23: Amendment to Land Use Bylaw No. 20-2009 was given first reading by Council on July 8, 2014. Since first reading, a clerical error was discovered when the Bylaw No. was assigned. Therefore, upon closing the Public Hearing and prior to consideration of second reading an amendment to the Bylaw number should be completed to correctly identify the Bylaw as Bylaw No. 2014-26: Amendment to Land Use Bylaw No. 2014-26. The Bylaw was correctly advertised in the local newspaper on September 5th and September 12th as well as direct mailout to adjacent landowners as Bylaw No. 2014-26.
Administration supports amended Bylaw 2014-26 and the proposed revisions to a number of regulations within the Land Use Bylaw. The area of the proposed structural improvements within the Edmonton Springs Golf Resort have been substantiated as being located above the floodplain by a qualified professional engineering firm. The proposed amendments would allow the County an opportunity to consider a future development permit for the proposed amendments, though on a discretionary basis in accordance with the proposed regulations in the the Land Use Bylaw. The proposed amendments will also ensure that when subdivision and development throughout Parkland County is proposed in proximity to established floodplain areas, review of these applications are undertaken in accordance with current Provincial requirements. The proposed amendments will also allow Administration the ability to consider applications without having to complete future minor mapping changes within the Land Use Bylaw when revisions to the floodplain have been substantiated by qualified professionals.
Purpose/Summary
Parkland County has received an application from the property owners of the Edmonton Springs Golf Resort to amend regulations within the Atim Creek / Big Lake Floodplain Overlay as well as the Atim Creek / Big Lake Big Lake Floodplain Map. Sameng Engineering has determined that certain lands within the immediate proximity of the existing clubhouse are indeed located above the 1:100 year floodplain plus 0.5 metre freeboard of Big Lake; though the high lands are not connected and contiguous with other high lands south of the floodplain. The property owners desire to complete the construction of a brand new clubhouse and other improvements within the identified high land as part of planned upgrades to the resort. The current regulations within the Land Use Bylaw do not allow the County an opportunity to consider an application on the recently identified high lands. Numerous amendments to various sections of the Land Use Bylaw, as well as additional text being added to the Atim Creek / Big Lake Floodplain Overlay Map are proposed consistent with the findings of the recently completed 'Floodplain Delineation Review of Edmonton Springs Golf Resort' by Sameng. Additional amendments to the Land Use Bylaw are proposed by Administration generally consistent with proposed Provincial regulations regarding development in proximity to floodplains.
The following comments were received from adjacent municipalities, referral agencies and an adjacent landowner prior to Public Hearing:
City of Spruce Grove - no comments/concerns. Thank you for the referral
City of St Albert - no response from the City was received prior to the preparation of this submission
Sturgeon County - no response from the County was received prior to the preparation of this submission
City of Edmonton - no response from the City was received prior to the preparation of this submission
Alberta Environment & Sustainable Resource Development - There is no Government of Alberta (GOA) flood hazard mapping for the area. Our calculated 100 year flood level for Big Lake from the 1990 St. Albert Floodplain Study was 653.2 m ASL; so relatively close to the 100 year level of 653.3 m used by Parkland County under the Sameng Study. The existing clubhouse is 2.5 m above the 100 year level and the new clubhouse will be at the same elevation so it should not be subject to flooding. Whether or not Parkland County chooses to remove the area from their Schedule 6 overlay in the Land Use Bylaw is their decision. However it should be noted that if GOA flood hazard mapping was carried out for this area and assuming the 100 year level was the same, the area surrounding the high spot where the clubhouse is would would likely be considered floodway using the 1.0 m depth criteria. The GOA does not support "islands" in the floodway - in fact, the high spot would be considered to fall within the floodway and development (including the access road) would be discouraged (or refused under the new legislation that is currently being proposed). However, in the absence of "official" flood hazard mapping, at this time, there is no designated floodway and therefore we can't comment on the clubhouse development other than to say that it would not be subject to flooding during a 100 year flood event.
Adjacent Landowner - Not opposed to the expansion of the golf course facilities but concerned about the increase in commercial traffic along Range Road 264 impacting adjacent residences and safety (pedestrian traffic) along the roadway. The expanded golf course facility is proposed to have large banquet facilities which it current does not have. We assume both the golf course and banquet facilities will be licensed as it identifies weddings and other corporate events are proposed and included as part of the background information to their application. Preference that the proposed expansion occur in the south portion of the lands along Township Road 532A, as previously approved by the County, to reduce conflict with adjacent residential areas and increase the safety of residents along Range Road 264. If development is allowed to proceed in the north utilizing Range Road 264, how will these conflicts and safety issues be addressed?
A detailed summation of the proposed amendments are included within the attached Administrative Report.
Background/Justification
Strategic Plan: This aligns with Strategic Plan Economic Development Goal 2 - Parkland County will balance economic development with quality of life including taking steps to further promote and foster sustainable development. This also aligns with Strategic Plan Environment Goal 1 - Parkland County will be a respected steward of the environment through encouraging green development and by protecting floodplain and riparian areas throughout the municipality.
Legislative: The Municipal Government Act requires every municipality in Alberta to adopt a Land Use Bylaw. It further lists what is required to be included in the bylaw vs. optional provisions. The Land Use Bylaw is tasked with implementing the County's statutory policies (i.e. Municipal Development Plan and Area Structure Plans) and must conform to any other relevant Provincial Statute (e.g. Floodplain Regulations).
Statutory Plans: The proposed amendments are consistent with Policy 6.14 of Municipal Development Plan Bylaw No. 37-2007 which states that "no permanent structures shall be permitted within the 1:100 year flood plain of any river, stream or lake shore. As well, unless proper flood proofing techniques are applied, permanent structures are not allowed within 0.5 metres vertical distance from the 1:100 year flood elevation. A certificate from a qualified professional engineer or architect will be required by the County to confirm that the development has been properly flood proofed." The proposed amendments are also consistent with Section 2.9 of the Big Lake Area Structure Plan Bylaw No. 23-94 and Section 6.5 of the Atim Creek North Area Structure Plan Bylaw No. 26-2002 which state that no structural development should be allowed within the 1:100 year floodplain or within 0.5 metres of the 1:00 year floodplain elevation (freeboard area).
Financial Impact:
Revenue: $2,500.00 Land Use Amendment Application Fee paid by Applicant.
Note: As the Bylaw has proceeded beyond first reading, the Applicant is no longer entitled to a refund of the application fee.
Alternatives:
1) Council could request additional information from Administration or the Applicants and reconvene the Public Hearing at a later date/time; or
2) Upon closing the Public Hearing, Council could defeat Bylaw No. 2014-26 at second reading; or
3) Council could close the Public Hearing and give second reading, but defer third reading to a later date;