Title
10:00 a.m. Reconvene Public Hearing - Bylaw 2021-03 Road Closure for Purpose of Lease, Plan 1143MC, N.W. 32-53-5-W5M
Proposed Motion
That Bylaw 2021-03 receive first reading.
Body
Administration Recommendation
Administration supports the proposed motion with the condition that the Road Closure for Purpose of Lease include the condition for construction of a turnaround as identified in Option 1 below.
Purpose
To close a portion of Road Plan 1143MC for the purpose of leasing.
Summary
Administration first presented Bylaw 2021-03 to Council at the scheduled March 9, 2021 Public Hearing. During the Public Hearing, area residents brought forward concerns with the proposed road closure. The residents concerns were related to the proposed turnaround at an existing access which, in their opinion, was considered to be inadequate. The residents also identified use of their driveways as a turnaround location as a pre-existing concern and it is believed the closure of the roadway would increase this undesired activity. Council recessed the Public Hearing to April 27, 2021, and directed Administration to review the current proposal, to meet with area residents, to meet with the Applicant and to seek out potential solutions.
On March 26, 2021, Administration met on-site with area residents that attended the March 9, 2021 hearing. Open and transparent discussion was held with residents to better understand their concerns and to seek options that may alleviate them. On the same day, Administration met with the Applicant to share what they heard from the residents and shared the collective thoughts on alternative options. After meeting with residents and the applicant, it was confirmed that the road closure itself was not a concern, but the lack of a suitable turnaround point was and this became the focus of developing a solution.
The applicant has agreed to provide a turnaround as a condition of road closure approval and has offered two options:
Option 1: Construct a turnaround approximately 100m prior to the gate along access road into Camp He Ho Ha. This would be constructed as a "hammerhead" style turnaround. It would be designed and constructed to Parkland County standards and would allow for truck and trailer to effectively turnaround prior to reaching the closed portion of the roadway.
Option 2: Use an existing approach to pull off the roadway at the edge of the property and into a cleared area. This would allow for a turnaround to occur on private property that does not affect the area residents that are currently concerned and provides a large space for vehicles to maneuver, outside of road right-of-way.
Administration supports Option 1. It allows for a new approach to be constructed within road right-of-way with a small extension of the turnaround into the leased property area of Camp He Ho Ha. The location is prior to the gate and is separate and distinct from the residential driveways. This option is similar to what was presented March 9, 2021, however as the new turnaround is spaced further away from the existing gate, it provides opportunities to pull in and back out, which the initial option did not. Signage would need to be installed to appropriately mark the location as the preferred turnaround area. Costs would be incurred to construct the approach and turnaround area. a high level estimate for this would be $10,000 to $12,000. Expectations would be that all costs are funded by the Applicant however there may be opportunity to support the work with in-kind resources (in-house design, salvaged materials, etc).
Administration does not support Option 2. It places turnaround movements immediately in front of residents with current concerns, involves additional area residents in the solution that have not previously been involved, relies upon private lands for a turnaround to be executed and is placed on land not graded or structurally sound (i.e graveled) to accommodate ongoing use as a turnaround. Operationally, this is more challenging to maintain for Roads Maintenance than Option 1. Costs for this option would be minimal as it makes use of an existing approach. A high level cost estimate for this would be $3,000 to $5,000. Expectations would be that all costs are funded by the Applicant.
In addition to the turnaround, Administration has identified a few potential improvements to the directional signage in the area that could help guide motorists to their destinations. The residents provided feedback that they believe some of the "lost" traffic are seeking a means to access the lake, to which there is no existing public access beyond intersection 1, as identified in Attachment “NEW Images for April 27 Hearing”. To help guide motorists, Administration recommends signage improvements at intersection 1 that promotes and guides the route to access the lake as well as a "No Exit" sign, or similar, that clearly identifies the lack of through movements. At intersection 2, Administration recommends that one additional "No Exit" sign be installed to reinforce the messaging. This intersection is also a place to turnaround should someone need to do so. These sign recommendations should be pursued with or without approval of the road closure as they are guiding signage for the current road network. These signs serve for all motorists in the area. Costs for this work could be funded through existing operational budgets and would be managed by internal County forces.
With respect to comments made on general traffic and pedestrian safety, the roadway is posted at a speed limit of 25 km/h. The roadway and adjacent ditches are relatively flat with clear sightlines in all directions. There were no immediate concerns identified during a site inspection on March 26, 2021, with the exception of the reflective material and warning signage on the gate, which will be a condition to upgrade prior to physical closure. As the gate remains open at present, it is not an immediate concern to address.
Background Information as reported at the March 9, 2021 Public Hearing:
A formal request was received in 2020 to close a portion of Road Plan 1143MC for the purpose of leasing. The portion of road to be closed and leased on Road Plan 1143MC is from 275m east of undeveloped road allowance, Range Road 55 (north of Township Road 534), to the termination point of the roadway within Camp He Ho Ha's development area, as shown on the attached images.
Camp He Ho Ha, which is at the north end of this portion of Road Plan 1143MC, has informed the County that they have been experiencing increased cases of trespassing, vandalism, theft and illegal dumping. The closure for the purpose of lease will allow the Camp to install a gate and close the roadway for public access, thereby limiting site access to facility and program traffic only.
The applicant has a disposition for the surrounding lands with Alberta Environment and Parks. Alberta Environment and Parks and Alberta Transportation have been contacted and have not expressed concerns with this road closure request.
The proposed road closure and gate placement would be east of the existing approach. The approach must remain open at all times allowing vehicles to turn around west of the gated location. The lease terms will state that the Lessee shall, at its sole expense, ensure the leased road is maintained in good condition and repair, including but not limited to pothole repair and snow and ice control, and is operated and used in a safe and responsible manner. This will be the condition applied subject to the leasee making alternative arrangements with the County outside of the road closure process.
The applicant is a not-for-profit organization and the Road Closure application fee of $2,000 has been waived. The annual lease fee will be $1.00 as per the 2021 Fees and Charges Schedule.
Strategic Plan/Policy/Legal/Staff Implications:
Section 22(4) and Section 606, Municipal Government Act
Policy EN 009 Road Allowance and Diversions - Sales, Lease or Permitting
Financial Impact:
Cost: n/a
Source of Funding: n/a