Agenda Item No.: L.1.j. Bylaw 13785 Bylaw 13785 – To amend the Zoning Bylaw from (IM) Medium Industrial Zone to (IH) Heavy Industrial Zone and (A) Metropolitan Recreation Zone; located north of Yellowhead Trail and east of 17 Street NE, Cloverbar Purpose The purpose of this Bylaw is to amend the Zoning Bylaw as it applies to this site from IM to IH and A. The proposed amendment will allow heavy industrial development on the upland area of the site and will protect environmental areas within the site’s ravine areas. Readings Bylaw 13785 is ready for first reading only. Second and third reading are to be withheld pending the dedication of two Environmental Reserve parcels from the affected lands to the City of Edmonton through the registration of an associated subdivision pursuant to the Municipal Government Act. Advertising and Signing This Bylaw has been advertised in the Edmonton Journal on Friday, August 6, 2004, and Sunday, August 15, 2004. The Bylaw can be signed and thereby passed following third reading. Position of Department The Planning and Development Department supports this Bylaw. Report Summary The proposed rezoning applies to a 53 ha site in the Cloverbar Industrial area and was initiated to accommodate the immediate development of a petroleum products storage facility (“tank farm”) within a portion of the vacant upland area of the site. Approval of this application will fulfill a condition of a Routing: Delegation: Written By: July 19, 2004 File: 2004PDP449 Public Hearing, City Council P. Arendt J. Seltz Planning and Development Department (Page 1 of 2) sale agreement between the owner and the developer of the tank farm. The site is located 0.8 km north of Yellowhead Trail on 17 Street NE, and is bisected by a north-south ravine and by two east-west railway lines. A portion of the ravine was filled to accommodate the rail crossings at a time when the site was within Strathcona County. The two remnant portions of the ravine are connected by an underground culvert to accommodate stormwater flows through the ravine. Required environmental studies submitted in support of this application confirmed that portions of the ravine are contaminated with hydrocarbons and metals that exceed the criteria for parkland. Rather than have the owner remove the contamination and risk substantial disturbance to the ravine, Administration has agreed to adopt a risk management approach whereby the City will accept ownership of the ravine (in two parts), monitor the affected area, and take the measures necessary to ensure that no new contamination occurs. The contamination is expected to dissipate over time, providing no new contamination occurs. Any future remediation of the ravine (e.g. soil excavations) will be according to provincial legislation and applicable principles of environmental law. A subdivision affecting the same site was approved on June 10, 2004. Registration of this subdivision will create and transfer two Environmental Reserve parcels (the ravine portions of L 1 j Bylaw 13785 – To amend the Zoning Bylaw from (IM) Medium Industrial Zone to (IH) Heavy Industrial Zone and (A) Metropolitan Recreation Zone; located north of Yellowhead Trail and east of 17 Street NE, Cloverbar the site) to the City. Other conditions of the approval require that: a fenced, upland setback (relative to the ravine top-of-bank) is provided to the City; easements necessary to legally access the ravine and to accommodate, access and maintain the existing on-site drainage infrastructure are provided to the City; the site is serviced to City standards (inclusive of ensuring that overland stormwater flows do not enter the ravine) and all assessments are paid; and a geotechnical assessment is submitted and approved to identify measures necessary (including building setbacks) to be implemented at the Development Permit stage to ensure ravine bank stability. The Planning and Development Department recommends that second and third readings of Bylaw 13785 be withheld pending the dedication of the two Environmental Reserve parcels, as this is a key element to addressing onsite contamination. The proposed rezoning conforms to the Municipal Development Plan, the North Saskatchewan River Valley and Ravine System Area Redevelopment Plan and to the Yellowhead Corridor Area Structure Plan. All affected Civic Departments and private utility agencies, the Capital Health Authority, and Alberta Environment have no outstanding concerns regarding this application. No responses were received by the Planning and Development Department in response to its letter of prenotification sent to the surrounding landowners regarding this application. Background Information Attached 1. Bylaw 13785 2. Planning and Development Department’s report These attachments are one electronic document. (Page 2 of 2)