Title
Bylaw 2024-03 License of Occupation for a Portion of Environmental Reserve Parcel (24ER Block 1 Plan 0326200) in Rainbow Beach Estates Subdivision
Proposed Motions
1. That Bylaw 2024-03 receive first reading.
2. That a public hearing be scheduled on February 13, 2024 at 10:30 a.m. at Parkland County Centre, Council Chambers to hear public comment on Bylaw 2024-03.
Body
Administration's Position
Administration supports the motions as presented.
Purpose
The purpose of Bylaw 2024-03 is for Administration to address structural encroachments on Environmental Reserve Land 24ER Block 1 Plan 0326200 by means of a License of Occupation with the impacting property owner.
Summary
In the summer of 2021, Municipal Land Management and Enforcement Services conducted a site investigation of County Land following a report of suspected unauthorized use. Once on site, several structural encroachments were noted in addition to alteration to land surface and shoreline. The structural encroachments include seasonal cabins with underground power, a shed, two serviced RV sites, and a boat house. The land surface and shoreline alterations were referred to our Environmental Sustainability Group for their expert review and recommendation. Following the review of Environmental Sustainability, recommendations were provided to the impacting adjacent landowner for remediation of the land surface and shoreline.
The impacting land owner has confirmed their responsibility for the encroachments and alterations, and has been cooperating with County staff to address the issues. The land owner, has procured an Environmental Specialist to design and oversee the land surface and shoreline remediation. Work on the remediation began in the fall of 2024 with completion anticipated for the summer 2025. Ongoing maintenance requirements will be put in place to ensure the shoreline and surface lands are able to successfully reestablish themselves.
With regards to the structural encroachments, the land owner has requested a License of Occupation be granted to allow the structures to remain in their current condition and location. Under section 676(1) of the Municipal Government Act, Council may approve, for the use of Environmental Reserve land in a manner not specified under section 671(1) of the Act. Should Council authorize Bylaw 2024-003, the subsequent License of Occupation will contain conditions to ensure the land is remediated at the end of the structure's life cycle or prior to disposal of the land owners adjacent parcel; and will include maintenance, compensation, and insurance conditions aligning with the MGA, Parkland County governance and third party land use.
Removal of the structural encroachments will cause additional negative impacts to the land. Based on the extent of further impact to the lands through removal of the structures and the willingness of the land owner to work with the County, Administration recommends that Council support Bylaw 2024-003 proceeding to Public Hearing, followed by second and third/final reading.
Strategic Plan/Policy/Legal/Staff Implications
Pursuant to Section 676(1)(a) of the Municipal Government Act, Council may use an Environmental Reserve for a purpose not specified in section 671(1). Section 671(1) states that an Environmental Reserve must be left in its natural state or used as a Public Park.
Alternative Options
1. Council could table Bylaw 2024-03 and request additional information.
2. Council could defeat Bylaw 2024-03 at first reading.