TAMRMS#: B06
5.1
REQUEST FOR DECISION
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Bylaw 19/2025 - Land Use Bylaw Schedule A Amendment for a portion of 1200 St. Albert Trail (1st, 2nd, 3rd Readings)
Presented by: Barb Dupuis, Planner, Planning & Development Department
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RECOMMENDED MOTION(S)
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1. That the Public Hearing on Bylaw 19/2025 be closed.
2. That Bylaw 19/2025, being amendment 10 to Bylaw 18/2024, be read a first time.
3. That Bylaw 19/2025 be defeated.
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SUMMARY
During the public hearing for Bylaw 19/2025 on September 2, 2025 for redistricting land in Northeast St. Albert to facilitate a school site, Council made a motion directing Administration to prepare an amendment to Bylaw 19/2025 for Council's consideration, and adjourned the public hearing to September 15, 2025. The amendment is for a smaller area of 6.557 ha? to be redistricted from Transitional (TRN) District to the Public, Private, and Institutional Service (PSI) District than was originally presented on September 2, 2025.
Administration is recommending that Bylaw 19/2025 as originally presented be defeated. Should Council choose to approve the bylaw, see Alternatives 1 and 2 under Impacts of Alternatives Considered.
Please refer to the "Previously Distributed Agenda Report" (attachment 1) for further information.
ALIGNMENT TO COUNCIL DIRECTION OR MANDATORY STATUTORY PROVISION
On September 2, 2025, Council approved the following motion:
PH-25-003
That the public hearing for Bylaw 19/2025 be adjourned to September 15 at 1:00 p.m., and that Bylaw 19/2025 be referred to Administration to prepare an amendment to Schedule A to reflect the changes proposed by the developer in August 2025.
BACKGROUND AND DISCUSSION
Originally, the public hearing for Bylaw 19/2025 was scheduled for July 15, 2025, but was postponed at the request of the applicant. At the September 2, 2025 public hearing, the applicant requested that a smaller area of land be redistricted than initially proposed. The public hearing was adjourned to September 15, 2025 for a special council date to consider an amendment to Bylaw 19/2025, with the redistricting area being reduced from 8.50 ha? to 6.557 ha?.
Administration is providing Council the same bylaw number, Bylaw 19/2025, with three versions, as follows:
1. Original Bylaw 19/2025 (attachment 2).
2. First Alternative Bylaw 19/2025 (redline - attachment 3). Administration has updated Bylaw 19/2025 that was presented to Council on September 2, 2025 with a new legal description and address. The legal description was updated at the Land Titles Office on August 7, 2025, with the consolidation of the three lots in the NW 21-54-25 W4. The new legal description is Descriptive Plan 252 1651, Block 1, Lot 3. This also means the address is updated for 25331 Township Road 544 and 25321 Township Road 544 to 1200 St. Albert Trail. The image with 8.50 ha? has not changed.
3. Second Alternative Bylaw 19/2025 - prepared in response to the September 2 Council motion (redline - attachment 4). Administration has prepared the Bylaw 19/2025 with an area of 6.557 ha? and with a new legal description and address. The legal description was updated at the Land Titles Office on August 7, 2025, with the consolidation of the three lots in the NW 21-54-25 W4. The new legal description is Descriptive Plan 252 1651, Block 1, Lot 3. This also means the address was updated for 25331 Township Road 544 and 25321 Township Road 544 to 1200 St. Albert Trail.
Over Dedication of Municipal Reserve
In the previously distributed agenda report of July 15, 2025, with the public hearing on September 2, 2025, in section "Over Dedication of Municipal Reserve", there was an over dedication of municipal reserve based on the site being 8.50 ha?. The information in the July 15, 2025 agenda report was based on the land being dedicated from two parcels of land. The applicant submitted a consolidation plan to the Land Titles Office, and on August 7, 2025, three parcels of land were registered to form one large parcel.
The change in the size of the redistricting from 8.50 ha? to 6.557 ha?, and the 6.557 ha? being dedicated from one large parcel of land, is anticipated to not exceed the 10% municipal reserve permitted under the Municipal Government Act and Flourish Municipal Development Plan at the time of subdivision. Therefore, it is anticipated that the City would not be required to purchase an over dedication of municipal reserve land. However, the details and exact calculations would be determined through the subdivision process.
At the September 2, 2025, public hearing, the size of the school site was discussed. For context, the size of the redistricted parcel at 6.557 ha? would be approximately 1.03 ha? smaller than the Bellerose High School site. During the public meeting, Landrex discussed that a land donation directly to the school board may be possible, should additional lands be required.
Comments regarding the Over Dedication of Municipal Reserve have been addressed through the lot consolidation and reducing the size of parcel proposed to be redistricted.
The information provided to Council by the applicant as part of the public hearing proposes to dedicate the entirety of the Municipal Reserve allowed by the parent parcel. Administration is identifying that by placing the 10% municipal reserve in one location, there will be no remaining municipal reserve dedication within Descriptive Plan 252 1651, Block 1, Lot 3 (NW 21-54-25 W4) for trails or smaller parks. There will be no Municipal Reserve available for park spaces not connected to the school, including neighbourhood level parks, or connector parks, that we would typically see in other predominantly residential areas. School sites are valuable, but as school use is a major driver, they can limit the opportunities for park areas and amenities that suit the needs of the entire neighbourhood from toddlers to seniors, as noted by the City's Recreation and Parks Department. Trails by stormwater management facilities are typically on municipal reserve lands because municipal reserve lands are located above areas prone to flooding.
Adjacent Community Park
At present, the applicant is proposing that the entire Municipal Reserve block be used for a proposed school site. The Northeast St. Albert ASP contemplates a community park adjacent to the school. By fully dedicating the Municipal Reserve for a school site, this land will be wholly utilized for the school site, and no Municipal Reserve available for the adjacent community park.
As the Neighborhood Plan has not been completed, administration is unable to determine if a proposed park area would meet our City of St. Albert Parks and Open Space Standards and Guidelines. This park would not be possible, unless the applicant dedicates the land gratuitously, or the City purchases the land at market value. If a park is desired from the proposed 6.557 ha? site, it is estimated that approximately 4.00 ha? would be used for a school site, and 2.557 ha? would be used for an adjoining park or sports field, similar to Bellerose High School.
Notwithstanding the MR over dedication matter, the information and outstanding concerns outlined by Administration in the "Previously Distributed Agenda Report" attachment for further information, remains applicable to the smaller area of 6.557 ha? as the Second Alternative Bylaw 19/2025.
Sour Gas Well
During the September 2, 2025, public hearing, a question was asked about the School Site Readiness Checklist (attachment 5). Through Administration's response, it was noted that sour gas wells are a consideration for the subject checklist. The checklist includes criteria that the school site be a minimum of 1,500 m from a sour gas well, among other related constraints (e.g. high-pressure pipelines). Anything less than 1,500 m requires appropriate study, analysis of risk, and overall justification by the presenting school board. Administration notes that the lands proposed to be redistricted are approximately 643 m from a sour gas well. Concerns regarding the sour gas well as it pertained to the proposed land uses were raised by administration through the associated Area Structure Plan process. As the concerns were not fully addressed by the applicant at the time, administration included relevant details and policy direction within the Area Structure Plan document.
The applicable statutory plan direction is as follows:
Municipal Development Plan (MDP)
13.1.12. Require appropriate land uses in proximity to sour gas wells, as determined by provincial legislation, regulations, and guidelines, to be applied through the planning and development process.
Northeast Area Structure Plan (ASP)
45. Evaluate development constraints and restrictions associated with pipelines, oil and gas infrastructure (including the sour gas well on the NE 21-54-25- W4M), and hazardous materials, to minimize conflicts, comply with restrictions, promote safety, and mitigate risks.
"When future NP's are prepared for lands containing any kind of wells, additional in-field studies will need to be included, such as an Environmental Site Assessment and well reclamation certificates. Future development will adhere to the policies and setback requirements established by the AER, Alberta Health Services, and the City of St. Albert." (page 34)
Further review and study of the sour gas well and similar constraints as it relates to the proposed school site is required through the Neighbourhood Plan process. This has not yet been completed by the applicant. This work is critical prior to the approval of the proposed Public, Private, and Institutional Service (PSI) District on the subject lands to confirm appropriateness of a school at this specific location.
STAKEHOLDER COMMUNICATIONS OR ENGAGEMENT
Please refer to the "Previously Distributed Agenda Report" attachment for further information.
IMPACTS OF RECOMMENDATION(S)
Please refer to the "Previously Distributed Agenda Report" attachment for further information.
Financial:
Please refer to the "Previously Distributed Agenda Report" attachment for further information.
Compliance & Legal:
Please refer to the "Previously Distributed Agenda Report" attachment for further information.
Program or Service:
Please refer to the "Previously Distributed Agenda Report" attachment for further information.
Organizational:
Please refer to the "Previously Distributed Agenda Report" attachment for further information.
Risks
Please refer to the "Previously Distributed Agenda Report" attachment for further information.
ALIGNMENT TO PRIORITIES IN COUNCIL'S STRATEGIC PLAN
Please refer to the "Previously Distributed Agenda Report" attachment for further information.
ALIGNMENT TO LEVELS OF SERVICE DELIVERY
Please refer to the "Previously Distributed Agenda Report" attachment for further information.
IMPACTS OF ALTERNATIVES CONSIDERED
If Council does not wish to support the recommendation, the following alternatives could be considered:
ALTERNATIVE 1 (First Alternative Bylaw - Attachment 3, new Legal Description, area 8.50 ha?):
Give all three readings and approve the redistricting for First Alternative Bylaw 19/2025, being an area of 8.50 ha?, from Transitional (TRN) District to Public, Private, and Institutional Service (PSI) District.
1. That the Public Hearing on Bylaw 19/2025 be closed.
2. That Bylaw 19/2025, being amendment 10 to Bylaw 18/2024, be read a first time.
3. That Bylaw 19/2025 be amended by deleting Schedule "A" and replacing it with "Schedule A - First Alternative Bylaw 19/2025" and deleting section 2 and replacing it with the following:
"That a 8.50ha? portion of the lands legally described as Plan 252 1651, Block 1, Lot 3 (municipally described as 1200 St. Albert Trail) is redistricted as shown on the map attached as "Schedule A" to this bylaw, and the Land Use District Map, being Schedule "A" to Bylaw 18/2024 is amended accordingly."
4. That Bylaw 19/2025 be read a second time, as amended.
5. That consideration be given for unanimous consent for third reading of Bylaw 19/2025.
6. That Bylaw 19/2025 be read a third time.
Financial:
Please refer to the "Previously Distributed Agenda Report" attachment for further information.
Compliance & Legal:
First reading for Bylaw 19/2025 is not a debatable motion, and is required in order to table a bylaw for Council's consideration. Providing first reading of a bylaw does not indicate agreement with the bylaw, but rather is the process by which the applicant's bylaws may be put forward in accordance with procedural fairness principles.
The closure of the public hearing and first, second, and third reading of First Alternative Bylaw 19/2025 could be approved on the same day. The Municipal Government Act provides that a proposed bylaw must not have more than two readings at a council meeting unless the council members present unanimously agree to consider third reading at the same meeting
If unanimous consent for third reading of First Alternative Bylaw 19/2025 is not granted on September 15, 2025, after first and second reading, third reading of Bylaw 19/2025 will occur at the regular Council meeting on September 16, 2025. During that time between September 15, 2025, and September 16, 2025, Council members will be unable to accept further written or verbal submissions germane to this matter, and will not be able to ask for new, substantive information on the subject matter prior to third reading (MGA, s. 187; Procedure Bylaw, Schedule E, s. 19).
Program or Service:
None at this time.
Organizational:
None at this time.
Risks
Please refer to the "Previously Distributed Agenda Report" attachment for further information.
In addition, given the subject site's proximity to a sour gas well (approximately 643 m), further study and analysis is required to confirm the appropriateness of a school at this location. Approval of the proposed Public, Private, and Institutional Service (PSI) District would be premature in advance of this outstanding work being completed.
ALTERNATIVE 2 (Second Alternative Bylaw - Attachment 4, area of 6.557 ha?):
Give all three readings and approve the redistricting for the Second Alternative Bylaw 19/2025, being an area of 6.557 ha?, from Transitional (TRN) District to Public, Private, and Institutional Service (PSI) District.
1. That the Public Hearing on Bylaw 19/2025 be closed.
2. That Bylaw 19/2025, being amendment 10 to Bylaw 18/2024, be read a first time.
3. That Bylaw 19/2025 be amended by deleting Schedule "A" and replacing it with "Schedule A - Second Alternative Bylaw 19/2025" and deleting section 2 and replacing it with the following:
"That a 6.557 ha? portion of the lands legally described as Plan 252 1651, Block 1, Lot 3 (municipally described as 1200 St. Albert Trail) is redistricted as shown on the map attached as "Schedule A" to this bylaw, and the Land Use District Map, being Schedule "A" to Bylaw 18/2024 is amended accordingly."
4. That Bylaw 19/2025 be read a second time, as amended.
5. That consideration be given for unanimous consent for third reading of Bylaw 19/2025.
6. That Bylaw 19/2025 be read a third time.
Financial:
Please refer to the "Previously Distributed Agenda Report" attachment for further information.
Compliance & Legal:
First reading for Bylaw 19/2025 is not a debatable motion, and is required in order to table a bylaw for Council's consideration. Providing first reading of a bylaw does not indicate agreement with the bylaw, but rather is the process by which the applicant's bylaws may be put forward in accordance with procedural fairness principles.
The closure of public hearing and first, second, and third readings of Second Alternative Bylaw 19/2025 could be approved on the same day. The Municipal Government Act provides that a proposed bylaw must not have more than two readings at a council meeting unless the council members present unanimously agree to consider third reading at the same meeting.
If unanimous consent for third reading of Second Alternative Bylaw 19/2025 is not granted on September 15, 2025, after first and second reading, third reading of Second Alternative Bylaw 19/2025 will occur at the regular Council meeting on September 16, 2025. During that time between September 15, 2025, and September 16, 2025, Council members will be unable to accept further written or verbal submissions germane to this matter, and will not be able to ask for new, substantive information on the subject matter prior to third reading (MGA, s. 187; Procedure Bylaw, Schedule E, s. 19).
Program or Service:
None at this time.
Organizational:
None at this time.
Risks
Please refer to the "Previously Distributed Agenda Report" attachment for further information.
In addition, given the subject site's proximity to a sour gas well (approximately 643 m), further study and analysis is required to confirm the appropriateness of a school at this location. Approval of the proposed Public, Private, and Institutional Service (PSI) District would be premature in advance of this outstanding work being completed.
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Report Date: September 15, 2025
Author(s): Lenore Mitchell, Barb Dupuis, and Katie Mahoney
Department: Planning Branch
Department Director: Kristina Peter
Managing Director: Adryan Slaght
Chief Administrative Officer: William Fletcher