Title
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 receive first reading; and
2. That a Public Hearing be scheduled for September 23, 2014 at 9:30 a.m. in Council Chambers to hear public comment on proposed Bylaw No. 2014-23.
Body
Administration Recommendation(s)
Administration supports Bylaw 2014-23 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 consistent with recently amended Provincial regulations regarding development in proximity to floodplains. 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: The Applicant would receive a 50% refund of Application Fees if the Bylaw were defeated at first reading.
Alternatives:
1. Council could table Bylaw No. 2014-23 and request additional information from the Applicant or Administration prior to consideration of first reading; or;
2 Council could amend Bylaw No. 2014-23 prior to first reading; or
3. Council could defeat Bylaw No 2014-23 at first reading; or
4. Upon providing first reading to Bylaw 2014-23, Council could schedule a Public Hearing for a date and/or time other than September 23, 2014 at 9:30 a.m.