City Council Agenda

February 17, 2015/Page 1 File No.: 608-2-1

CITY COUNCIL AGENDA REPORT

Subject: BYLAW 7/2015 - CARROT CREEK DESIGNATED FLOOD LINE LAND USE BYLAW AMENDMENT

Recommendation(s) Bylaw 7/2015 – Carrot Creek Designated Flood Line – Land Use Bylaw Amendment 1. That Bylaw 7/2015, being Amendment #122 to Land Use Bylaw # 9/2005, be

read a first time.

2. That Bylaw 7/2015 be read a second time.

3. That unanimous consent be given for consideration of third reading of Bylaw 7/2015.

4. That Bylaw 7/2015 be read a third and final time.

Purpose of Report To outline the proposed updates to Land Use Bylaw 9/2005 related to incorporating a designated flood line for Carrot Creek. The changes include a text amendment to Section 6.10, and the addition of maps 1-6 to Schedule G. Council Direction On June 16, 2014 Council passed the following resolution: (C313-2014) That Administration bring forward a Land Use Bylaw amendment in Q1 2015 establishing the Designated Flood Line for Carrot Creek based on the "Factor of Safety" line as designated on Attachment 1 of the June 16, 2014 Agenda Report.

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Background and Discussion This bylaw amendment proposes updates to the Land Use Bylaw to reflect the new designated flood line for Carrot Creek. With development interest growing on the western edge of the City, it is necessary to add a designated flood line for Carrot Creek. This will ensure that development in this area adheres to proper flood plain management principles. Previously in 2011, Council approved Bylaw 25/2011 – Designated Flood Line that added a designated flood line for the portions of the Sturgeon River and Big Lake within the boundaries of the City of St. Albert. This bylaw outlined the procedures to address for any development adjacent to the River or Lake. As per Council direction, Administration is bringing forward amendments to Land Use Bylaw 9/2005 to add a designated flood line for Carrot Creek based on the 1 in 100 year flood ‘factor of safety’ line. The ‘factor of safety’ line is 0.5m higher than the updated 1 in 100 year flood line as outlined in the Big Lake Basin Task Force: Floodplain Delineation for the City of St. Albert – Carrot Creek, Final Report of March 15, 2007. The changes to Land Use Bylaw 9/2005 are a text amendment to Section 6.10, adding a reference to the Big Lake Basin Task Force: Floodplain Delineation for the City of St. Albert – Carrot Creek, Final Report of March 15, 2007. Designated flood line maps of the area adjacent to Carrot Creek will be added to Schedule G (Maps 1-6). The text amendment and map additions can be seen in Attachments 1, 2, and 3. For further details on the designated flood line for Carrot Creek see Attachment 4: June 16, 2014 Agenda Report: Designated Flood Line – Carrot Creek. Stakeholder Communications or Engagement Standard circulation to various stakeholders and affected landowners was undertaken. There were no objections. No formal comments were received from landowners. Comments from internal departments:

City of St. Albert Engineering Define the freeboard elevation as 0.5 meters above the designated flood line.

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City of St. Albert Environment Environment has been involved with adding a designated flood line for Carrot Creek to Land Use Bylaw (9/2005) for a few years and strongly supports the amendment.

City of St. Albert Planning and Development Thank you for the opportunity to comment on the proposed changes to Section 6.10 of the Land Use Bylaw (9/ 2005). As is clearly stated in your covering memorandum, maps will be added to Schedule G of the Land Use Bylaw. It is assumed that these maps will provide the required level of detail and be at a similar scale as the existing maps in Schedule G.

Comments from external agencies:

North Saskatchewan Watershed Alliance Strongly support the concept of prohibiting development within the 1:100 year flood zone and therefore this particular bylaw amendment. Suggest that consideration also be given to minimizing development disturbance of riparian areas above the 1:100 year flood level. These areas can be very important in ensuring water quantity, water quality and aquatic ecosystem health of the adjacent water bodies. Specifically we would recommend that the City of St. Albert adopt definitive riparian buffer setbacks and associated disturbance limitations based on the Alberta Environment and Sustainable Resource Development publication Stepping Back from the Water: A Beneficial Practices Guide for New Development Near Water Bodies in Alberta's Settled Region.

Response – The City of St. Albert Municipal Development Plan and the Range Road 260 Area Structure Plan require the provision of a 50m riparian buffer from Carrot Creek. Land within the riparian buffer below the designated flood line will be Environmental Reserve (ER); areas above the designated flood line will be Municipal Reserve (MR). The City intends in the future to also bring forward a Land Use Bylaw amendment to incorporate a riparian buffer for Carrot Creek, and will examine the Stepping Back from the Water Guide for recommendations regarding how best to implement riparian buffer setbacks for Carrot Creek.

ATCO Gas No objections subject to the conditions related to any alteration of existing ATCO Gas services in the area.

Response – Adding a designated flood line for Carrot Creek will have no impact on existing ATCO Gas services in the area.

City of Edmonton No objections or concerns. View the amendment as part of St. Albert’s planning due diligence.

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Sturgeon County No objections or concerns, thank the City for the opportunity to review.

Implications of Recommendation(s) a) Financial:

• None

b) Legal / Risk: • The City of St. Albert is following provincial legislation by establishing

regulation for future development along a flood plain.

c) Program or Service: • None

d) Organizational: • None

Alternatives and Implications Considered If Council does not wish to support the recommendation, the following alternatives could be considered:

a) Alternative 1. Direct Administration to re-examine the designated flood line for Carrot Creek based on the options provided in the Agenda Report: Designated Flood Line – Carrot Creek; June 16, 2014.

Strategic Connections a) Council’s Strategic Outcomes and Priorities (See Policy C-CG-02)

• CULTIVATE ECONOMIC PROSPERITY: A diversified, robust and resilient economic foundation to support growth and community service delivery.

• CULTIVATE A HISTORIC, CREATIVE, AND ACTIVE COMMUNITY: A vibrant and involved community with a variety of culture, recreation and heritage opportunities.

• CULTIVATE A GREEN COMMUNITY: A healthy natural environment for future generations that preserves and promotes enjoyment, conservation and responsible development.

• CULTIVATE EXCELLENCE IN GOVERNMENT: A responsive, accountable government that delivers value to the community.

• CULTIVATE SUSTAINABLE INFRASTRUCTURE AND SERVICES: A growing community that has balanced development and management of civic facilities, transportation networks and related services.

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b) Long Term Plans (e.g. MDP, Social Master Plan, Cultural Master Plan, etc.) • IDP • MDP • Utility Master Plan • Environmental Master Plan

c) Corporate Objectives (See Corporate Business Plan)

• Deliver programs and services that meet or exceed our standards d) Council Policies

• N/A

e) Other Plans or Initiatives (Business Plans, Implementation Strategies, etc.) • N/A

Attachment(s) 1. Bylaw 7/2015

2. Section 6.10 of Land Use Bylaw 9/2005 with text amendment

3. Section 6.10 of Land Use Bylaw 9/2005 with text amendment – redline version 4. Agenda Report: Designated Flood Line – Carrot Creek; June 16, 2014, without

attachments, previously circulated Originating Department(s): Planning & Development Author(s): General Manager Approval:

Robin Beukens, Planner Patrick Draper Acting GM, Planning & Engineering

City Manager Signature:

Date:

ATTACHMENT 1

BYLAW 7/2015 (Page 1)

CITY OF ST. ALBERT

BYLAW 7/2015

Being Amendment 122 to Land Use Bylaw 9/2005

NOW THEREFORE the Council of the City of St. Albert, duly assembled, hereby ENACTS AS FOLLOWS:

1. Section 6.10., Designated Flood Line, is amended by:

a) Deleting Sub-section (1), in its entirety and replacing with the following:

“The designated flood line is indicated on the maps in Schedule G. The cross-sections provided on the maps in Schedule G are based on the Big Lake Basin Task Force: Floodplain Delineation for the City of St. Albert – Sturgeon River, Final Report of May 15, 2007 and Big Lake Basin Task Force: Floodplain Delineation for the City of St. Albert – Carrot Creek, Final Report of March 15, 2007; and have been taken perpendicular to the natural boundaries of the watercourses at their highest perpendicular points.”

b) Adding the words “at 0.5 meters above the designated flood line” at the end of Sub-section (6) following the words “freeboard elevation”.

2. Schedule “G”, Designated Flood Line Map, is amended by deleting Schedule “G” in its entirety and replacing it with the attached Schedule “G”.

3. The Chief Administrative Officer is authorized to consolidate Bylaw 9/2005. READ a first time this ______day of ________________, 2015. READ a second time this ______day of ________________, 2015. READ a third time this ______day of ________________, 2015. SIGNED AND PASSED this ______day of ________________, 2015.

MAYOR

CHIEF LEGISLATIVE OFFICER

Part 6 General Regulations

BYLAW 9/2005 (Page 1)

General Regulations

6.10. Designated Flood Line (BL25/2011)

(1) The designated flood line is indicated on the maps in Schedule G. The cross-sections provided on the maps in Schedule G are based on the Big Lake Basin Task Force: Floodplain Delineation for the City of St. Albert – Sturgeon River, Final Report of May 15, 2007 and Big Lake Basin Task Force: Floodplain Delineation for the City of St. Albert – Carrot Creek, Final Report of March 15, 2007; and have been taken perpendicular to the natural boundaries of the watercourses at their highest perpendicular points.

(2) Developments including, but not limited to, new construction and

substantial improvements are prohibited below the designated flood line.

(3) The designated flood line is the boundary of any filling of land.

(4) Notwithstanding Section 6.10.(2), development permitted below the designated flood line shall require the approval of the Development Officer in consultation with the City Engineer, and is restricted to:

(a) development for the purpose of flood control; (b) public utility building; (c) public utility; (d) bridge or public roadway; (e) temporary campgrounds; (f) pedestrian walkways, parks and trails; (g) golf courses; (h) uninhabited accessory buildings; (i) outdoor recreation service use that would not obstruct the area

below the designated flood line; and (j) naturalized stormwater management facility that meets the

approval of the City Engineer.

(5) A structure or premises which lawfully existed below the designated flood line before the enactment of these provisions, but which is not in conformity with these provisions, may be continued subject to the conditions outlined in Section 3.15. Non-Conforming Development and Section 643 of the Municipal Government Act.

(6) For lots adjacent to the designated flood line, or of which a portion lies below the designated flood line, prior to the issuance of a development permit the Development Officer shall require that the applicant submit a set of stamped plans certified by a registered Professional Engineer or Architect which confirms that the requirements of Section 6.10. have been incorporated in the design of the proposed development and identifies the freeboard elevation at 0.5 meters above the designated flood line.

(7) The Development Officer shall circulate a development permit application for a development located on a property adjacent to, or including, the designated flood line to the City’s Engineering Department for review

ATTACHMENT 2

Part 6 General Regulations

BYLAW 9/2005 (Page 2)

and comment with respect to the suitability of the proposed

development.

(8) The requirements of this Section, 6.10., apply to both the permitted and discretionary uses of the land use district applicable to the parcel.

(9) Nothwithstanding Subsections (1) through (8), nothing in this Section 6.10. or on the maps in Schedule G modifies, overrides or changes the land use districting as outlined in Schedule A.

(10) The designated flood line as outlined in the maps in Schedule G is presented for reference purposes only and has been generalized for presentation purposes and is not guaranteed for accuracy. The Development Officer will rely on the information required under Subsection (6) to determine the designated flood line on an individual property.

ATTACHMENT 2

Part 6 General Regulations

BYLAW 9/2005 (Page 1)

General Regulations

6.10. Designated Flood Line (BL25/2011)

(1) The designated flood line is indicated on the maps in Schedule G. The cross-sections provided on the maps in Schedule G are based on the Big Lake Basin Task Force: Floodplain Delineation for the City of St. Albert – Sturgeon River, Final Report of May 15, 2007 and Big Lake Basin Task Force: Floodplain Delineation for the City of St. Albert – Carrot Creek, Final Report of March 15, 2007; and have been taken perpendicular to the natural boundariesy of the watercourses at its their highest perpendicular points.

(2) Developments including, but not limited to, new construction and

substantial improvements are prohibited below the designated flood line.

(3) The designated flood line is the boundary of any filling of land.

(4) Notwithstanding Section 6.10.(2), development permitted below the designated flood line shall require the approval of the Development Officer in consultation with the City Engineer, and is restricted to:

(a) development for the purpose of flood control; (b) public utility building; (c) public utility; (d) bridge or public roadway; (e) temporary campgrounds; (f) pedestrian walkways, parks and trails; (g) golf courses; (h) uninhabited accessory buildings; (i) outdoor recreation service use that would not obstruct the area

below the designated flood line; and (j) naturalized stormwater management facility that meets the

approval of the City Engineer.

(5) A structure or premises which lawfully existed below the designated flood line before the enactment of these provisions, but which is not in conformity with these provisions, may be continued subject to the conditions outlined in Section 3.15. Non-Conforming Development and Section 643 of the Municipal Government Act.

(6) For lots adjacent to the designated flood line, or of which a portion lies below the designated flood line, prior to the issuance of a development permit the Development Officer shall require that the applicant submit a set of stamped plans certified by a registered Professional Engineer or Architect which confirms that the requirements of Section 6.10. have been incorporated in the design of the proposed development and identifies the freeboard elevation at 0.5 meters above the designated flood line.

(7) The Development Officer shall circulate a development permit application for a development located on a property adjacent to, or including, the designated flood line to the City’s Engineering Department for review

ATTACHMENT 3

Part 6 General Regulations

BYLAW 9/2005 (Page 2)

and comment with respect to the suitability of the proposed

development.

(8) The requirements of this Section, 6.10., apply to both the permitted and discretionary uses of the land use district applicable to the parcel.

(9) Nothwithstanding Subsections (1) through (8), nothing in this Section 6.10. or on the maps in Schedule G modifies, overrides or changes the land use districting as outlined in Schedule A.

(10) The designated flood line as outlined in the maps in Schedule G is presented for reference purposes only and has been generalized for presentation purposes and is not guaranteed for accuracy. The Development Officer will rely on the information required under Subsection (6) to determine the designated flood line on an individual property.

ATTACHMENT 3

CITY COUNCIL AGENDA REPORT

Subject: DESIGNATED FLOOD LINE – CARROT CREEK

Recommendation(s)

That Administration bring forward a Land Use Bylaw amendment in October 2014 establishing the Designated Flood Line for Carrot Creek based on the “Factor of Safety” line as designated on Attachment 1 of the June 16, 2014 Agenda Report.

Purpose of Report

Administration is requesting Council direction in order to establish the Designated Flood Line along Carrot Creek and update the Land Use Bylaw accordingly.

Background and Discussion

A number of reports on the flood line around Big Lake, along the Sturgeon River and Carrot Creek have been developed over the years. These formed the basis for establishing the City’s Designated Flood Line along the Sturgeon River and Big Lake, which was approved by Council in 2011. A brief summary of these reports is included in Attachment 2.

With development interest growing in the City’s west end along Carrot Creek, the Designated Flood Line needs to be extended north along Carrot Creek’s west side and captured in the City’s Land Use Bylaw.

Through the reports, four separate ‘flood lines’ have been determined based on different ‘elevations.’ The term “elevation” may be misleading as this Designated Flood Line does not remain at the same ‘above sea-level’ elevation throughout St. Albert but may actually vary in height at different points due to topography, fill and development, and other natural changes to the river basin. The four separate ‘flood lines’ include:

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ATTACHMENT 4

Flood line Description ‘Original’ 1:100 flood line Prior to 2004, the City of St. Albert used the Canada Alberta Flood

Damage Reduction Agreement as the basis for flood management. This was a map developed in 1991 that indicated where the 1:100 year flood elevation was located (the “original” 1:100 flood line). Permitted development related to this elevation was done in accordance with the Canada Alberta Flood Damage Reduction Agreement.

‘Updated’ 1:100 flood line In 2004, the Big Lake Basin Task Force, comprising representatives from municipalities within the Big Lake Drainage Basin, prepared the Big Lake Stormwater Management Plan. This provided recommendations about floodplain delineation and a hydrological model of the basin to estimate current and future flow rates. A revised 1:100 year flood elevation (the “updated” 1:100 flood line) was proposed to reflect development and fill within the drainage basin and other natural changes within the basin. This revised elevation is about 0.5 m higher than the original. This line formed the basis for the current Designated Flood Line.

‘Factor of Safety’ flood line This ‘flood line’ was identified in the 2004 Study to allow for uncertainties in the analysis and to provide a zone above the design flood that would protect riparian habitat and provide a buffer to reduce flood velocities and damage from both the channel and overland stormwater draining to the channel. Estimates of increases in water levels as a result of land use changes in the overall basin and siltation were estimated at between 0.14 m and 0.3 m, and this line, approximately 0.5 m higher than the ‘updated’ 1:100 flood line, was recommended.

‘Freeboard’ line This line is not so much a ‘flood line’ as a construction level elevation. All building openings, such as basement windows would need to be higher than this elevation.

Designated Flood Line for Carrot Creek The existing Designated Flood Line is based predominantly on the ‘updated’ 1:100 flood line. This was appropriate along the Sturgeon River given the existing development and fill that had already been located along the river over time, and the freeboard elevation was sufficient to allow for any potential rise in water levels. In reviewing the potential Designated Flood Line along Carrot Creek, both the ‘updated’ 1:100 and the ‘Factor of Safety’ lines were assessed, see Attachment 1. Administration is proposing that the Factor of Safety elevation line be used as the basis for the Designated Flood Line along Carrot Creek for a number of reasons:

• Carrot Creek is a natural drainage channel for a very large man-made catchment area that extends as far north as Morinville. There are a number of upstream considerations that need to be assessed and addressed for the potential impact on Carrot Creek during a major storm event, that were not taken into account in the 2004 study when assessing impact. The City is currently collaborating on a study to assess the impact development in the City and the County will have on Carrot Creek.

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• Recommended release rates into Carrot Creek are very low; much lower than typical release rates, therefore there are capacity concerns for the creek.

• The land adjacent to Carrot Creek is very flat, elevation changes are farther apart than along the Sturgeon River.

• The loss of developable land is minimal if the ‘Factor of Safety’ line is used, 2.6 ha of land, but provides a greater reduction of risk while minimizing the impact on development potential.

• The City requires a 50 m buffer along the Creek to extend Red Willow Park. The ‘Factor of Safety’ line allows for a small portion of this buffer to be located below the proposed floodline, which therefore could be acquired as ER. This would allow for slightly more MR land to be made available throughout the adjacent neighbourhood but would have a minimal impact on the area for trails, parks or recreation sites.

Stakeholder Communications or Engagement Once amendments to the Land Use Bylaw are prepared, standard circulation to various stakeholders and affected landowners will be undertaken. Implications of Recommendation(s) a) Financial:

• None at this time

b) Legal / Risk: • None at this time

c) Program or Service: • None at this time

d) Organizational: • None at this time

Alternatives and Implications Considered If Council does not wish to support the recommendation, or to add to it, the following alternatives could be considered:

a) Alternative 1. Council could provide direction to base the Designated Flood Line on the ‘new’ 1:100 year flood line, which is 0.5 m higher than the ‘old’ 1:100 year flood line used by the Province. This would be the same approach used along the Sturgeon River currently defined in the Land Use Bylaw. This would result in more Municipal Reserve required to maintain the 50 m buffer along Carrot Creek (Red Willow Park) and increase potential developable land by 2.6 ha. The anticipated rise in water levels

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could be accommodated by the Freeboard elevation. As Carrot Creek has more sensitive issues related to its catchment size and release rates, there may be greater risk for flooding.

b) Alternative 2. Council could provide direction to adjust the Designated Flood

Line around Big Lake to the ‘Factor of Safety’ line, similar to that proposed along Carrot Creek. It is currently based on the ‘updated’ 1:100 flood line. There isn’t a significant difference between the two lines and much of the area is or is expected to be part of the Lois Hole Provincial Park, which would limit development.

Strategic Connections a) Council’s Strategic Outcomes and Priorities (See Policy C-CG-02)

• CULTIVATE ECONOMIC PROSPERITY: A diversified, robust and resilient economic foundation to support growth and community service delivery.

• CULTIVATE A HISTORIC, CREATIVE, AND ACTIVE COMMUNITY: A vibrant and involved community with a variety of culture, recreation and heritage opportunities.

• CULTIVATE A GREEN COMMUNITY: A healthy natural environment for future generations that preserves and promotes enjoyment, conservation and responsible development.

• CULTIVATE EXCELLENCE IN GOVERNMENT: A responsive, accountable government that delivers value to the community.

• CULTIVATE SUSTAINABLE INFRASTRUCTURE AND SERVICES: A growing community that has balanced development and management of civic facilities, transportation networks and related services.

b) Long Term Plans (e.g. MDP, Social Master Plan, Cultural Master Plan, etc.)

• IDP • MDP • Utility Master Plan • Environmental Master Plan

c) Corporate Objectives (See Corporate Business Plan)

• Deliver programs and services that meet or exceed our standards d) Council Policies N/A e) Other Plans or Initiatives (Business Plans, Implementation Strategies, etc.)

• N/A Attachment(s) 1. Carrot Creek Proposed Designated Flood Line – ‘Updated’ 1:100 and ‘Factor of

Safety’ 2. Summary of flood line reports

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Originating Department(s): Planning & Development, Sustainability & Environment,

Engineering Author(s): General Manager Approval:

Carol Bergum, Director P&D David Hales, GM P&E

City Manager Signature:

Date:

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