TAMRMS#: B06
8.3
title
Edmonton Annexation - Request for funds from Capital Reserve
Presented by: Adryan Slaght, Director, Planning & Development
label
RECOMMENDED MOTION(S)
recommendation
That Council approve $50,000 from the Capital Reserve to be utilized for work related to the proposed annexation of City of Edmonton lands.
body
PURPOSE OF REPORT
The purpose of this report is to provide background information related to Administration’s request that Council allocate $50,000 from the capital reserve fund for work related to the proposed City of St. Albert annexation of City of lands. The City of Edmonton lands in question are generally located north and west of Anthony Henday Drive, south of South Riel/Heritage Lakes, and east of Ray Gibbon Drive.
ALIGNMENT TO PRIORITIES IN COUNCIL’S STRATEGIC PLAN
Strategic Priority #1: Growth Policy Framework: Develop a robust policy framework to guide growth.
2020-2021 Corporate Business Plan <https://stalbert.ca/uploads/PDF-infosheets/CorporateBusinessPlan-2018-2021.pdf>:
City of St. Albert Annexation of City of Edmonton Land.
ALIGNMENT TO LEVELS OF SERVICE DELIVERY
Strategic Land Planning: Development, management and implementation of the corporate land strategy. Search for land for new capital projects, high school sites, and affordable housing locations.
ALIGNMENT TO COUNCIL DIRECTION OR MANDATORY STATUTORY PROVISION
The Municipal Government Act, Initiation of Annexation, Section 116(1) states:
A municipal authority initiates the annexation of land by giving written notice of the proposed annexation to
(a) the one or more municipal authorities from which the land is to be annexed,
(a.1) the Minister,
(b) the Land and Property Rights Tribunal, and
(c) all local authorities having jurisdiction to operate or provide services in the initiating municipal authority or in any of the municipal authorities from which the land is to be annexed.
On June 11, 2016, the City submitted a Notice of Intent to Annex to the Alberta Municipal Government Board (which has been amalgamated into the Land and Property Rights Tribunal effective June 2, 2021), City of Edmonton, and relevant stakeholders.
BACKGROUND AND DISCUSSION
The original intent of the Edmonton annexation was to undertake a straight-forward boundary adjustment in partnership with the City of Edmonton (COE) to annex some ‘stranded’ parcels between the Anthony Henday Drive Transportation Utility Corridor (TUC) and the south boundary of the City of St. Albert. See attached map for location and parcel numbers.
A key factor supporting the boundary adjustment was the difficulty the COE faced with infrastructure in servicing of these parcels, which could lead to poor development opportunities for the landowners over the long term. Infrastructure includes, transportation access, water, sanitary, and stormwater servicing.
It has recently come to Administration’s attention that EPCOR has a water main running through the annexation area that can service the majority of privately owned land within the annexation boundary. One of the affected parcels is about to connect to this water main.
Furthermore, the three private landowners affected by the annexation do not support the annexation and see no value in becoming part of the City of St. Albert.
Water Servicing Summary
• Existing EPCOR 300mm water main in 137 Avenue ROW and south along 184 Street ROW inside the Edmonton annexation area (see image below - blue line represents the water main).
• Installed in 2011, prior to the original intent to annex issued by COSA January 2016.
• 2015 annexation servicing options report by Stantec for the COSA does not identify this water main.
• Existing Parcel #3 is about to connect to the existing waterline, and has already paid for the connection.
• Hydrants have been installed along 137 Avenue.
• Access to water servicing for parcels north of 137 Avenue in the annexation appears feasible for parcels south of the CN railway.
• Water servicing availability for parcels north of the CN railway is under investigation.
Wastewater/Stormwater Summary
• There are no intentions by the COE to provide sanitary or stormwater serving to the annexation area.
• Private landowners are responsible for managing their own sanitary and stormwater.
• Parcel #3 owner has already constructed a stormwater pond (PUL) to manage onsite runoff and maintains a sanitary holding tank.
Subdivision & Development Approval Summary
• There is an existing approved and endorsed subdivision application for Parcel #3 - created 3 commercial lots for development and a PUL for stormwater management.
• There is an existing approved development permit for RV sales and services for one of the 3 commercial lots.
• Parcel #2 is currently undergoing the rezoning process to the IM - medium industrial zone to facilitate the development of a road sign shop.
Conclusion:
• Servicing stranded parcels was a key reason for pursuing a boundary adjustment.
• Facilitating future development was a key message to landowners to gain support.
• EPCOR provides water servicing in the annexation area.
• Private owners are paying for EPCOR water connections and private sanitary and stormwater servicing.
• Private owners see no value in becoming part of the COSA.
• All 3 private landowners oppose annexation.
• Private owners seek financial compensation from COSA if annexation proceeds.
Opposition will result in a Land and Property Rights Tribunal (LPRT) hearing and additional costs to the COSA and may not result in a successful annexation.
In January 2016, the City of St. Albert submitted an Intent to Annex lands currently within Edmonton’s jurisdiction along St. Albert’s southwestern boundary. The parcels located within Edmonton’s boundaries have become fragmented, and are landlocked by the Anthony Henday Drive TUC. Due to their current location, the parcels would be cost-prohibitive for the City of Edmonton to service; however, they can be incorporated into the City of St. Albert boundary and included in the South Riel Area Structure Plan. The overall goal is to adjust St. Albert’s boundary to match the northern boundary of the TUC of Anthony Henday Drive.
Since 2016, additional lands have been removed from the Anthony Henday Drive TUC right-of-way, resulting in additional parcels being fragmented and landlocked. To incorporate these parcels and to revise this boundary, Administration must prepare a revised Notice of Intent to Annex which will notify the City of Edmonton, the LPRT, the Minister of Municipal Affairs, and the public of the revision and enable the formal annexation process to continue. Subject to submittal of the revised Notice of Intent to Annex, Administration will proceed with undertaking the supportive technical studies, public engagement, and negotiations with the City of Edmonton.
In order to proceed with the annexation, Administration is requesting $50,000 from the Capital Reserve Fund for project management support, technical studies, and other associated costs, in anticipation of a contested annexation and subsequent LPRT hearing.
STAKEHOLDER COMMUNICATIONS OR ENGAGEMENT
On April 13, 2021, the City of St. Albert held a virtual open house regarding the potential annexation of the City of Edmonton lands in question for affected landowners and the general public. The City of St. Albert gave a presentation on the project followed by a Q & A session. Two private landowners (Parcels #3 & 6) attended the virtual open house and expressed concerns regarding the following:
• Closure of the intersection at 137 Ave and Ray Gibbon Drive (planned closure pre-2013)
• Paying levies for future development when levies with COE are very low
• Additional red tape waiting for lands to be added to the South Riel ASP
• Water servicing is existing and no other servicing is required
• Joining St. Albert will cost the private owners and they feel they should receive a compensation package
The third private landowner (Parcel #2) spoke with Planning staff over the phone prior to the virtual open house and expressed they were concerned that the annexation will delay their ability to develop their parcel which is currently undergoing the rezoning process in the COE.
IMPLICATIONS OF RECOMMENDATION(S)
Financial:
A Financial Impact Assessment will be completed for the St. Albert-Edmonton Annexation based on the lands recommended for annexation.
Legal / Risk:
If the annexation is contested by any person or organization claiming to be affected by the annexation, a hearing before the Land and Property Rights Tribunal will be required.
Program or Service:
If annexation proceeds and lands are added to the City of St. Albert, when development of those lands occur:
• Engineering work will include drawing reviews, development agreements, and inspections of infrastructure.
• Planning and Development will have area structure plan, subdivision plans, and development permits to review and provide decisions on.
• Safety Codes will have building plans to review and buildings to inspect.
• Recreation Services will have park planning and development.
• Public Works will have maintenance of infrastructure.
• Fire Services, Community & Social Development, Transit, and other departments will have services to a new area of the City.
Organizational:
N/A
ALTERNATIVES AND IMPLICATIONS CONSIDERED
If Council does not wish to support the recommendation, the following alternatives could be considered:
Alternative 1. Do not allocate money from the capital reserve. An implication would be that the Edmonton Annexation file proceeds at a significantly slower rate.
Alternative 2. Do nothing.
body
Report Date: August 30, 2021
Author(s): Adryan Slaght
Department: Planning & Development
Deputy Chief Administrative Officer: Kerry Hilts
Chief Administrative Officer: Kevin Scoble