Agenda Item No.: E.1.a.
City Policy C521 - Land Development Application Process for Potentially Contaminated
Properties
Recommendations:
That City Policy C521, Land Development
Application Process for Potentially
Contaminated Properties, Attachment 1 of
the May 8, 2006, Planning and Development
Department report 2006PDP119, be
approved.
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Advertising
This City Policy has been advertised in the
Edmonton Journal on Friday, May 26, 2006,
and Sunday, June 4, 2006.
Report Summary
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City Policy C521, Land Development
Application Process for Potentially
Contaminated Properties, will provide
direction for processing planning and
land development applications for
properties with potential soil or
groundwater contamination.
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Report
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Before approving a rezoning or
subdivision, municipalities must ensure
that the land is suitable for its intended
use. This applies to the suitability of
property with respect to soil or
groundwater contamination.
The Environmental Protection and
Enhancement Act (EPEA), adopted in
1993, established a regulatory
framework to address environmental
contamination. The City of Edmonton,
Capital Health Authority and Alberta
Environment have worked cooperatively on procedures for reviewing
and processing planning bylaw and
subdivision applications involving
property with potential soil and
groundwater contamination. The
procedures used by the City are
Routing:
Delegation:
Written By:
May 8, 2006
File: 2006PDP119

Public Hearing, City Council
G. Jackson
G. Jackson/S. Pragnell
Planning and Development Department
(Page 1 of 3)
consistent with its responsibility to
review and make recommendations on
bylaw and subdivision applications and
to provide advisory notices on
development and building permits, but
they have not been formally adopted.
Proposed City Policy C521, Land
Development Process for Potentially
Contaminated Properties (Attachment 1),
will be implemented through City
Procedures, Land Development
Application Process Guidelines for
Potentially Contaminated Properties.
(Attachment 2), approved by the City
Manager, for planning bylaw and
subdivision applications involving
properties where soil or groundwater
contamination may be present.
Proposed City Policy C521
acknowledges the co-operative
relationship between the City of
Edmonton, Alberta Environment and
Capital Health Authority. The policy
also authorizes the practice of placing
advisory notices on development and
building permits. The proposed City
Procedures formalize practices that have
been developed by Administration in cooperation with Alberta Environment,
Capital Health Authority and the
development industry.
Proposed City Policy C521 includes the
initiation of a DC3 Provision as a major
improvement to current practices in the
form of a site specific Direct Control
Provision for contaminated sites. The
Direct Control (DC3) Provision is a new
regulatory instrument to facilitate
remediation and redevelopment of
contaminated sites. The framework for
direct control land use regulation on a
contaminated site will be applied
E
1
a
City Policy for Potentially Contaminated Sites and the DC3 Direct Control Zoning
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through the proposed Bylaw 14304 to
amend the Edmonton Zoning Bylaw.
Each site will require a site specific DC3
Provision based on the unique
development situation and conditions of
the site.
Current practices for processing
planning bylaws and subdivision
applications for properties with potential
soil or groundwater contamination are
effective in most cases. However,
redevelopment can be obstructed when
complete remediation prior to approval
of the bylaw or subdivision is not
practical. The position of Administration
on the development of contaminated
sites has been to require clean up of the
property for all permitted or
discretionary uses allowed in the zone.
This has created difficulties in allowing
the redevelopment of some brownfields
sites where the cost of clean-up for all
uses in the existing or proposed zone,
either permitted or discretionary, is
prohibitive.
The DC3 Provision would allow
approval of a planning bylaw or
subdivision by applying zoning-based
requirements for site remediation or
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 zoning to
restrict uses that are sensitive to low
levels of environmental contamination
while allowing development of less
sensitive uses.
The new City Policy and City Procedure
for development on brownfield sites will
encourage brownfield development by
allowing for clean-up of a property to a
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(Page 2 of 3)
level appropriate for the range of uses in
a site specific DC3 Provision rather than
for all potential uses in a standard zone.
The proposed approach will provide for
an appropriate level of safety for the
redevelopment of brownfield sites where
the cost of site remediation to acceptable
standards for all use in an appropriate
standard land use zone would normally
prohibit redevelopment of any kind.
Determination of the sensitivity of land
uses with respect to levels of soil or
groundwater contamination will
continue to be based on standards used
by Alberta Environment and Capital
Health Authority.
For properties where residential or
residential related uses are allowed,
Administration will accept remediation
to a level of contamination that is safe
for those uses and will not support risk
management approaches. The concern is
that the potential consequences of the
failure of risk management measures
where residential uses are involved
outweigh the benefits of a risk
management approach.
City practices dealing with planning and
development applications involving land
with potential or known soil or
groundwater contamination have been
developed in co-operation with the
Urban Development Institute (UDI).
Regulatory agencies with interests in
remediation and risk management of soil
and ground water contamination have
provided input.
City Policy C521, the City Procedures
and the DC3 amendment to the
Edmonton Zoning Bylaw are supported
by UDI and endorsed by a UDI letter of
support.
City Policy for Potentially Contaminated Sites and the DC3 Direct Control Zoning
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also introduces the DC3 Direct Control
Provision, a new regulatory instrument
of the Edmonton Zoning Bylaw that will
facilitate remediation and redevelopment
of contaminated properties. The new
procedures for development of
contaminated sites will encourage the
redevelopment of brownfield sites in
Edmonton.
The proposed City Policy, City
Procedures and DC3 zoning are
consistent with and complementary to
the City’s approach to remediation and
development of City-owned property
with potential or known contamination.
Budget/Financial Implications
Administration of City Policy C521 and the
associated City Procedures will require staff
time in excess of time used to administer the
current process. The additional requirement
will be one full-time equivalent position to
be requested in the 2007 budget.
Legal Implications
Corporate Services Department, Law
Branch, has reviewed the proposed Policy,
Procedures and DC3 Provision and is
satisfied that the City is providing due
diligence with respect to acting in the
interest of public health and safety.
Background Information Attached
1. City Policy C521, Land Development
Application Process for Potentially
Contaminated Properties
2. City Procedures, Land Development
Application Process Guidelines for
Potentially Contaminated Properties (For
Information Only)
Others Approving this Report
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Justification of Recommendation
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In approving City Policy C521, Council
will address the City’s responsibility to
take steps to ensure that property that is
subject to a planning bylaw or
subdivision application is suitable for the
intended uses with respect to soil and
groundwater contamination prior to
approving the application. The policy
authorizes Administration to adopt
appropriate procedures for processing
planning bylaw and subdivision
applications involving property where
contamination may be present,
recognizes the City’s co-operative
relationship with Alberta Environment
and Capital Health Authority, and
endorses the practice of printing
advisories on development and building
permits. Proposed City Policy C521
(Page 3 of 3)
J. Tustian, General Manager, Corporate
Services Department