TAMRMS#: B06
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Bylaw 42/2017 - Road Closure of Surplus Roadway Along Villeneuve Road
Presented by: Robin Beukens, Planner
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RECOMMENDATION(S)
recommendation
Bylaw 42/2017 - Road Closure of Surplus Roadway Along Villeneuve Road
1. That Bylaw 42/2017, Being a Bylaw to close a portion of Surplus Roadway along Villeneuve Road, be read a first time.
2. That the Public Hearing on Bylaw 42/2017 be closed.
(Note that unanimous consent is required to pass a motion to close the public hearing in the same meeting as first reading of the bylaw was passed.)
3. That Bylaw 42/2017 be read a second time.
4. That unanimous consent be given for consideration of third reading of Bylaw 42/2017.
5. That Bylaw 42/2017 be read a third and final time.
6. That Council authorize the City Manager to dispose of the closed roadway under the terms and conditions provided for in the November 20, 2017 Agenda Report entitled “Bylaw 42/2017 - Road Closure of Surplus Roadway Along Villeneuve Road”.
If Council does not wish to close the public hearing, or if a motion to close the public hearing does not pass unanimously, consideration of the following Alternative Recommendations would be appropriate:
1. That Bylaw 42/2017 to close a portion of surplus roadway along Villeneuve Road, be read a first time.
2. That the Public Hearing be Adjourned to December 4, 2017.
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PURPOSE OF REPORT
The purpose of the report is to outline the proposed road closure in the Jensen Lakes neighbourhood. The proposed road closure is for a portion of surplus roadway along Villeneuve Road.
COUNCIL DIRECTION
The Jensen Lakes Area Structure Plan (ASP) Bylaw 1/2014 was approved by Council in May 2014. Policy 17.3 in the Municipal Development Plan (MDP) requires ASPs to conform to the MDP. Policy 17.2 requires consistency between the MDP and the Land Use Bylaw 9/2005.
A previous road closure of surplus roadway along Villeneuve Road (Bylaw 2/2016) and land disposition were approved by the following motions:
(C88-2016)
That Bylaw 2/2016 be read a third and final time.
(C89-2016)
That Council authorize the City Manager to dispose of the closed roadway under the terms and conditions provided for in the February 16, 2016 Agenda report entitled
"Jensen Lakes Alliance Church - (1) Bylaw 2/2016 - Road Closure of Surplus Roadway Along Villeneuve Road (2) Bylaw 3/2016 - Land Use Bylaw Amendment, Schedule A".
BACKGROUND AND DISCUSSION
IBI Group, on behalf of Melcor and the Western Canadian District of the Alliance Church (St. Albert Alliance Church), have applied to the City to close a portion of road right-of-way adjacent to Villeneuve Road in the Jensen Lakes Neighbourhood. The paved portion and function of Villeneuve Road will not be affected by the road closure.
The Jensen Lakes neighbourhood is located north of Villeneuve Road and west of St. Albert Trail, as shown on the attachment entitled “Location Map”. The proposed road closure complies with the Municipal Development Plan and Jensen Lakes Area Structure Plan (ASP). The City, in conjunction with IBI and Melcor, undertook a review of the future road network. Based upon the ASP and the future roadway network, it was determined that the additional road right-of-way adjacent to the Alliance Church is not required. The total area of the road closure is 0.6 ha±.
This is the second road closure proposed in the area. Originally Bylaw 2/2016 approved a road closure, as shown in the attachment entitled “Aerial Map”. The current proposal (Bylaw 42/2017 Road Closure of Surplus Roadway Along Villeneuve Road), includes the previously approved road closure from Bylaw 2/2016. To date, Alberta Land Titles has not registered Bylaw 2/2016. Based upon the extended closure, Alberta Land Titles advised administration to incorporate the road closure under one bylaw. As such, the recommendation is to repeal Bylaw 2/2016 and to replace it with Bylaw 42/2017. Bylaw 2/2016 enabled the closure of 0.43 ha± of roadway, Bylaw 42/2017 increases the closure to include 0.6 ha± of roadway.
Legal description of the subject road closure:
All that portion of Service Road on Plan 9521746 shown contained within Area A Plan 172______
Excepting Thereout All Mines And Minerals
In accordance with the provisions of the Municipal Government Act, Part 3, Division 2, Roads, Section 22, a road closure bylaw must be passed by City Council. The proposed bylaw must be publicly advertised, and a person who claims to be affected prejudicially must be given an opportunity to speak to Council before the bylaw is passed.
Dedication of the subject roadway occurred in 1995 during the subdivision process. During the dedication of the road right-of-way to Sturgeon County, the landowner received no compensation. This subdivision occurred when Villeneuve Road was part of Sturgeon County and the intention was to widen the roadway. As needs have changed, the City of St. Albert no longer requires the roadway for future road widening. The road closure will not affect the function of Villeneuve Road. The subject area is north of the existing paved roadway and not the road itself, as illustrated in the attachment “Aerial Map”.
The roadway will be returned to The Western Canadian District of the Christian Missionary Alliance (St. Albert Alliance Church) at no cost, as no compensation was provided to the landowner at the time of subdivision. This is consistent with the land disposition process approved by Council Motion C89-2016.
STAKEHOLDER COMMUNICATIONS OR ENGAGEMENT
Circulation of the proposed road closure to various stakeholders and property owners occurred within a 100-metre radius of the subject property. Advertisement for the November 20, 2017 public hearing occurred in the St. Albert Gazette on November 4 and November 11, 2017. Notification of the public hearing ensured the 100-metre radius circulation requirements.
No objections were received from adjacent landowners.
No objections were received from internal or external stakeholders.
IMPLICATIONS OF RECOMMENDATION(S)
Financial:
None at this time.
Legal / Risk:
In reference to the road closure and transfer, under normal circumstances, a municipality must either dispose of land at market value, or advertise its intent to dispose of the land at less than market value [MGA section 70(1)]. Further, the City’s Land Transactions Policy (C-ED-03) requires most land dispositions to proceed at market value or higher. However, the proposed disposition of the land to the Alliance Church may proceed as intended for the following reasons:
• a municipality is not required to advertise a proposed sale where the prospective purchaser is a non-profit organization [MGA section 70(2)];
• for land that is undevelopable on its own and must be consolidated with an adjacent parcel (as reflected in the conditions of sale), “open market” value is arguably negligible - the terms of the transaction are based on agreement by the parties rather than an open market valuation;
• the Policy further recognizes that where the surplus land was gratuitously transferred to the City, it may be re-conveyed to the original owner (presumably at no cost). As noted above, the land was originally dedicated and converted to road right of way without compensation being paid by the County.
Program or Service:
None at this time.
Organizational:
To enable development, Planning and Engineering requires review of subdivision plans and engineering drawings, as well as negotiate development agreements. Various departments may need to conduct inspections and be involved in meetings with the developer/consultants.
ALTERNATIVES AND IMPLICATIONS CONSIDERED
If Council does not wish to support the recommendation, the following alternatives could be considered:
a) Do not pass the road closure bylaw. The implication would be that the applicant would need to reapply again after six months with the same proposal or an alternative proposal.
STRATEGIC CONNECTIONS
City of St. Albert Strategic Plan (Policy C-CG-02) - Pillars of Sustainability
SOCIAL - We are a friendly and inclusive community of passionate equals, where everyone feels a sense of belonging. We believe that community starts with the person next door.
ECONOMIC - We prosper and excel through a strong and diverse economy that is supported by forward-thinking commerce, outstanding local businesses and a dynamic downtown core.
Governance Strategy
Council is committed to ensuring that the City of St. Albert is a responsive, accountable government that delivers value to the community.
Service Delivery Strategy
Council is committed to ensuring that the City of St. Albert is engaging residents to identify opportunities to improve delivery of services to the community.
Long Term Plans
Municipal Development Plan, Jensen Lakes ASP, and Land Use Bylaw.
Corporate Objectives (See Corporate Business Plan)
Ensure our customers are very satisfied.
Council Policies, Bylaws or Federal/Provincial statutes
City Council Policy - Land Transactions (C-ED-03)
Other Plans or Initiatives (Business Plans, Implementation Strategies, etc.)
N/A
Report Date: November 20, 2017
Author(s): Robin Beukens
Committee/Department: Infrastructure and Development Services
General Manager: Glenn Tompolski
City Manager: Kevin Scoble