Bylaw 14304 – To amend the text of Bylaw 12800, as amended, the Edmonton Zoning Bylaw

Recommendation:
That Bylaw 14304 be referred back to Administration to allow for additional consultation with stakeholders, and return to the December 4, 2006, City Council Public Hearing meeting at 2 p.m.

Purpose

To amend the Zoning Bylaw by adding Section 730 (DC3) Direct Development Control Provision for Contaminated Sites. The DC3 Provision is a new land use regulation instrument to facilitate remediation and redevelopment of contaminated sites, to be applied on a site specific basis.

Readings

Bylaw 14304 is ready for three readings after the public hearing has been held.

If Council wishes to give three readings during a single meeting, then prior to moving third reading, Council must unanimously agree “That Bylaw 14304 be considered for third reading.”

Advertising and Signing

This Bylaw has been advertised in the Edmonton Journal on Friday, May 26, 2006, and Sunday, June 4, 2006. The Bylaw can be signed and thereby passed following third reading.

Position of the Department

Planning and Development Department supports this Bylaw.

Previous Council Action

  • At the June 28, 2006, City Council Public Hearing meeting, the following motion was passed:

That item E.1.a. and Bylaw 14304 be referred back to Administration for further consultation with stakeholders, and return to the October 3, 2006, City Council Public Hearing meeting at 2 p.m.

  • At the June 12, 2006, City Council Public Hearing meeting, the following motion was passed:

That item E.1.a. and Bylaw 14304 be postponed to the June 28, 2006, City Council Public Hearing meeting at 3:45 p.m.

Report Summary

  • The new DC3 Provision is being proposed in conjunction with the proposed new City Policy C521, LandDevelopment Process for Potentially Contaminated Sites. This policy is being implemented through City Procedures approved by the City Manager, for planning bylaw and subdivision applications involving properties where soil or ground water contamination may be present.
  • Following the June 28, 2006, City Council Public Hearing meeting, Administration met with representatives of the Edmonton Federation of Community Leagues (EFCL), with input from interested Community Leagues, and the Sierra Club. As the EFCL Executive did not meet over the summer months, Administration is awaiting (at the time of writing this report) confirmation of EFCL’s official position following its September 14, 2006, Executive meeting. In order to fulfill the intent of Council’s referral motion, the revised Policy and DC3 Provision must be re-circulated to other stakeholders who initially reviewed the proposed policy and DC3 Provision.
  • Bylaw 14304 will be re-advertised prior to the proposed Council meeting.

Report

  • The new Provision will allow approval of a planning bylaw or subdivision by applying zoning-based requirements for site remediation or the implementation of risk management measures prior to the issuance of a Development Permit. Redevelopment of some contaminated properties could be facilitated by using the DC3 Provision to restrict uses that are sensitive to lowered levels of contamination while allowing development of less sensitive uses. Applying the DC3 Provision will limit the Uses to those appropriate to the level of clean-up on the site rather than for all potential Uses that could be developed in a standard zone.
  • The proposed DC3 Provision was discussed further with stakeholders who wished to see changes, including the EFCL, with input from interested community leagues, and the Sierra Club. The changes include revisions to the DC3 Provision to require pre-application consultation and a Site Plan where it can assist the Development Officer in applying the regulations of the Provision with respect to site cleanup and/or risk management. The city will reaffirm the position in the Policy that all sites, where feasible, be remediated to a level that ultimately removes all contamination.
  • The attached Bylaw 14304 is the same as that brought forward to the June 28, 2006, City Council Public Hearing meeting.

Justification of Recommendation

  • The proposed date to return to City Council will allow for sufficient time to re-circulate to other stakeholders who have reviewed the Council package of June 28, 2006, and respond to any concerns arising from the recent revisions.

Background Information Attached

  1. Bylaw 14304

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