Leslie Cholowsky, Editor
Flagstaff County Council gave first reading to Bylaw 07/26 amending its Land Use Bylaw to remove Data Processing Facilities as a discretionary use for Agricultural Land.
The bylaw does not touch any other part of existing definitions for Data Processing Facilities, but the hope is that by removing this type of development from the bylaw, it will give the county time to redraw the Land Use Bylaw (LUB) in a manner that reflects a more comprehensive decision about how the developments should be regulated within Flagstaff County.
Community Services Director Karen Burnand stressed that the amendment in this bylaw is not intended to determine the future of Data Processing Facilities and association Power General Facilities.
Burnand stressed to Council that having clear and strong directions for these types of developments within the Land Use Bylaw can have a big impact on regulatory bodies who make the final decisions on things like power generation.
She explained that while the two types of development often go hand-in-hand, they are regulated quite differently, with the Data Processing Facilities regulated by the municipality, and with Power Generation Facility regulated by the province and the municipality.
They may also require approval from the Alberta Utilities Commission, Alberta Energy Regulator, Alberta Electric System Operator, and Alberta Environment.
Burnand advised Council that if a Power Generation Facility is provincially approved, the municipality cannot refuse to issue a development permit, but the municipality can still regulate certain aspects of the development.
Burnand said that because the municipality would have the full authority to regulate the development of Data Processing Facilities within Flagstaff County, “It’s important that the County’s planning documents provide clear policy direction and regulations about Data Processing Facilities.”
The county has two ways to control development, through the LUB and through its Municipal Development Plan (MDP).
These plans should outline, Burnand says,
- preferred and restricted locations taking into consideration: land use compatibility, agriculture land preservation, infrastructure requirements, noise, traffic and other potential impacts that are deemed important by the community and Council;
- setbacks, buffers and landscaping requirements;
- regulations to mitigate offsite impacts such as noise, traffic, construction and decommissioning; and
- regulations to minimize or manage increased service or other costs to the County.”
She said that goes as well to Power Generation Facilities, where the County has some control, Council should consider and adopt appropriate regulations.
Burnand cautioned that this Bylaw is just the first step in a longer process. By removing the centres as a discretionary use, it should limit this type of development.
Burnand says, “As part of developing an appropriate regulatory framework, Administration proposes that in 2027, following a robust public engagement program, Administration will develop amendments to the MDP and LUB to address Data Processing Facilities and associated Power Generation Facilities for Council to consider.
“Developing and adopting clear policy direction and regulations will enable the County to manage potential risks associated with Data Processing Facilities and associated Power Generation Facilities in the event that an application is submitted to the County for consideration or the County receives a referral from a provincial approving authority.”
Councillor Leslie Heck asked if the county had received any inquiries about these types of developments.
Burnand responded that there had been some initial inquiries that put this issue on the radar, but the county had never heard back after providing any information.
Council learned that this amendment would be advertised in the newspaper, then a public hearing would be held, after which Council could choose to give second and third reading to this bylaw.
Burnand stressed that the upcoming public hearing would not deal in any way with future guidelines for these types of developments, saying that the public would be given an opportunity to provide input into the new development guidelines that will be drafted in 2027.
