City of Grande Prairie Annexation Application Rebuttal Will Say Statement of Mr. Michael MacIntyre 1. Mr. MacIntyre is the Manager of Planning & Development Services for the City of Grande Prairie. 2. Mr. MacIntyre has prepared a will-say statement previously submitted to the Board as part of the City’s November 2013 submissions. This will-say statement is prepared in response to evidence submitted to the Board by the County, including the report of Mr. Simpson. 3. In his testimony, Mr. MacIntyre will respond to the report of Mr. Simpson, giving evidence in relation to the points set out in the attached document: “Annexation Application rebuttal to County Arguments dated March 14, 2014” (Tab A). 4. In his testimony, Mr. MacIntyre will respond to concerns raised by various landowners and other interested persons, as set out in the attached document “Response to Landowner and Interested Persons” (Tab B). Dated this 9th day of June, 2014. _____________________ Michael MacIntyre 1 Annexation Application rebuttal to County Arguments March 14, 2014 1. Comment in Simpson Response Report (Simpson Report page numbers) Executive SummaryThe County agreed to a joint statutory IDP which was page 5 unconditional in its support for the City’s annexation. The City’s concern is that the short term annexation area may very well represent the City’s last opportunity for sustainable long term growth. In that regard, the document set out at Appendix 2 of the Simpson report includes a “50 Year Regional Growth Management Strategy”. This Appendix does not indicate if the document has received County Council approval by way of a resolution or incorporation into any statutory plan. However, it provides some evidence of a County intention to promote all forms of development in the 6 mile radius of the current City boundary. The Province does not define sustainability in the context of Provincial Land Use Policies; however, it does infer that all municipalities are created equally. And equality infers municipal autonomy to plan for growth, set development standards and make choices on behalf, and in the interests, of its citizens. 2. Executive Summary – Introduction – page 5 The IDP was jointly adopted by City and County on June 14, 2010. The Notice of Intent to MGB to apply for annexation is dated November 26, 2010. The City’s annexation application includes complete documentation in consultation with MGB Administration and in conformance with MGA and MGB application requirements. 3. Executive Summary Planning in the Grande Prairie Area page 5-6 The County has stated its commitment to and interpretation of “the current IDP as an important strategic element in the County’s collaborative relationship”. The City believes that the County’s commitment would be evidenced by its unqualified commitment to support the principles and intent of the IDP. Page 1 of 29 Comment in Simpson Response Report (Simpson Report page numbers) Clairmont is the largest of a number of planned and unplanned urbanizing areas adjacent to the City of Grande Prairie. The City of Grande Prairie supported the County of Grande Prairie’s (and the Town of Sexsmith’s) urban growth aspirations and autonomy to grow, by releasing the City’s central water supply and sewerage systems to create “Aquatera”, a shared regional service utility in 2003-2004. The City believed that there would be reciprocity of growth, which includes the City’s annexation. The County’s current position is not supportive of that. 4. Executive Summary Annexation in the context of the New IDP – page 6 The underpinnings for the IDP included both the past tradition of generating growth scenarios for population and employment, in conjunction with the principle of sustainability, balanced growth and residential land demand in keeping with and encouraged by Provincial Land Use policy. With regard to the following final paragraph on page 6 of the Simpson Report: It was clear as well that the IDP, as it pertains to annexation, does not address implementation and negotiation considerations, including appropriate conditions. These can be critical…but are not considered within the IDP agreement. The County (and specifically John Simpson) was insistent on not deviating from the format of the 2001 IDP, which likewise did not mention terms or conditions with respect to compensation to the County or to land owners. The County played a prominent role in leading the process to update the IDP in 2010. It was understood that all the County’s critical issues were identified (including those items documented early in the collaboration process under “Areas of Disagreement”of Tab 3 in the County rebuttal). Although John Simpson indicates in 2014 that the IDP is silent on the above issues, the report at Tab 3 of the Simpson report does not evidence a desire to include these provisions. Page 2 of 29 Comment in Simpson Response Report (Simpson Report page numbers) Finally, in May 2010, John Simpson co-authored with Michael MacIntyre an Administrative Report to City Council and County Council recommending the second and third reading of the IDP. See Tab 1 to this June 9, 2014 rebuttal. The assumption to be drawn from a document recommending approval of the IDP is that any concerns had been addressed, resolved, or withdrawn. 5. Executive Summary The City’s Case for annexation – page 7 The City made clear its sustainability-based 50 year growth strategy to achieve a level of autonomy for long term growth comparable to the County’s autonomy, as a municipal government equal. The City understood that the County’s recommendation for and ultimate passing of the IDP indicated the County’s understanding and acceptance of the principles underlying the growth areas. The City finds the County’s current position in relation to the City’s Growth Study’s ultimate basis for growth (its reliance on population and employment scenarios) inexplicable in the context of the discussions leading up to the 2010 IDP and the supporting documentation for that IDP. Lovatt Planning Consultants and Applications Management will respond to the specific critiques of the City’s Reports provided November 29, 2013. Given that: the premise for justifying the land area combines qualitative and quantitative methods, and has not changed; the IDP does not equate land sufficient for growth for 30 years to land absorbed in 30 years; and the City has honoured all of its commitments to the IDP, including not seeking to annex land with high tax assessment; the City seeks a positive recommendation of its annexation proposal. Page 3 of 29 Comment in Simpson Response Report (Simpson Report page numbers) The City believes its position on tax protection for residents is reasonable. However, it will abide by the direction provided to it in the Order in Council. Section 1. 0 6. Introduction – page 11 The City does not agree with the current characterization of this annexation as one which is “special and unique”. The IDP clearly indicated the area for the short term annexation. The County agreed unconditionally to annexation pursuant to the IDP agreement. The County’s counter-proposal was never raised prior to its appearance in the County’s response arguments. The proposal lacks the detail necessary for appropriate review The County states “the City has indicated that it is not in a financial position to compensate the County adequately for the loss of the annexation area.” The County is asserting that the City’s refusal to pay the County’s demands is a lack of financial ability to pay. The City disagrees with the principle behind the requests. For that reason, it has not agreed to the County’s financial demands. A refusal to pay is not the same thing as an inability to pay. 7. Section 2.0 County Position page 12 The IDP was a negotiated document. As a result of the negotiations, each party made concessions, resulting in the final IDP. 1. The City agreed to shift the short term annexation area away from growth more uniformly outward around the perimeter of the City boundary, even though more uniform growth was more logical in terms of servicing infrastructure, and consistent with annexation principles. 2. Although the City agreed to avoid Clairmont and its industrial assessment in the short term annexation area, the County rejected the City’s proposal to annex land along Page 4 of 29 Comment in Simpson Response Report (Simpson Report page numbers) Highway 43 in the northeast. 3. The City agreed to avoid future annexation of developed rural residential subdivisions in the southeast annexation area, but the County insisted on including those established areas (Taylor Estates, the Hamlet of Wedgewood, etc.) in the long term annexation area of the IDP. 4. The City supported IDP provisions for unrestrained residential expansion in the above referenced area, in spite of no benefit to the City. 5. The City’s 2008 Growth Study recommended approximately 150 quarter sections of land for the 30 year planning horizon based on the sustainability model, but through negotiations, the City agreed to the County’s proposal for 97 quarter sections as a short term annexation area. 6. The City’s concession about the short term annexation area has important repercussions in light of other policies in the IDP. The City agreed not to annex land in the long term annexation area, unless the City land supply fell to less than 15 years (Policy 6.2.2) as determined through a land consumption model (Policy 7.8). This has the effect of empowering the County to monitor long term City growth data for purposes of ensuring no annexation applications for the Long Term annexation area would occur without a land owner request and County support. 7. The City has concerns that this might be its last opportunity to annex land based upon the following considerations: a. The annexation of long term annexation area requires County consent. In light of the County’s position at this hearing (where the IDP indicates the County consents), County consent is not assured; b. The City attempted to preserve growth opportunities in the long term annexation area, but Page 5 of 29 Comment in Simpson Response Report (Simpson Report page numbers) in exchange for the County’s unconditional support for the short term annexation area, the City conceded to multiple conditions to satisfy the County’s concerns –particularly with the perception that the IDP would ‘freeze’ land and an owner’s development opportunities. The policies applicable to the long term annexation area now allow continued County development to the extent that they may defeat the purpose of the long term annexation area. This is evidenced by policies permitting subdivision and development of up to 30 acres (12.5 ha) per every quarter section in the long term annexation area, and policies which might permit up to 100% of a quarter section to be subdivided and developed, depending on the application. Subdivisions in excess of the 30 acres have been seen recently in two subdivision applications sent to the City. 8. Section 3.0 History of Intermunicipal Planning in the Grande prairie Area page 13 The City does not understand why this section has been included. The 2010 IDP is the IDP in effect, and is the relevant document. If the purpose of the section is to indicate the parties’ intermunicipal cooperation, the 2010 IDP is sufficient evidence of that point. 9. The Grande Prairie Centered Growth Strategy - page 14 The discussion of the “Grande Prairie Centred Area Growth Strategy” is not relevant. There is no indication that it is a County Policy, nor statutory plan, nor that it has any official designation. Page 6 of 29 10. Comment in Simpson Response Report (Simpson Report page numbers) Section 4.0 Review of the Current IDP Page 16 The City disagrees with the Simpson Reports categorization of the City’s actions as being an “adversarial approach to regional planning”. The City believed that it would suffer detriment from the area structure plans passed by the County, and filed a section 690 dispute, as the Municipal Government Act permits it to do. The fact that the Board did not find detriment does not make the City’s approach adversarial. It exercised its legitimate legal right to seek a determination from the Board empowered to hear complaints of this nature. These section 690 appeals show that the City had concerns about its growth opportunities, as far back as 2005. Subsequent to the appeals, the City and the County negotiated, and entered, a new IDP, containing provisions which addressed the City’s growth. Although the Simpson report states that the County was not comfortable with the Growth Study which formed the basis of the IDP, it is to be noted that Mr. Simpson co-wrote a report which recommended the adoption of the IDP – which has been noted was based on the Growth Study. Further, County Council, as well as City Council, passed the IDP. One questions why, if the County was not comfortable with the Growth Study, it passed the IDP. The 2010 IDP remains the IDP in place between the parties, unaltered since its passage by both municipalities. The City gave notice of its intention to annex in 2010. If the County had the significant concerns identified in the Simpson report (and the Nichols report), it is unclear why the County did not seek to amend or repeal the document. The City believes that the terms of the IDP speak for themselves and can be read and interpreted by the Board. The City’s belief is that the agreed upon provisions of the IDP indicate that the County would support the annexation of the short term annexation area identified in the IDP, which is the Page 7 of 29 Comment in Simpson Response Report (Simpson Report page numbers) area in the City’s notice of intention to annex. The City is disappointed that the County has taken its current position in relation to the City’s proposed annexation. 11. Section 5.0 Statutory Plan review page 20 The City’s MDP can only deal with the land currently within its borders. If the City’s MDP contained provisions dealing with agricultural land outside its borders it could be rightly criticized for trying to impose policies on land for which it has no jurisdiction. Once the decision regarding the annexation is known, the City will be revising its MDP to address the annexed land. However, the City has been working on various initiatives to prepare for the proposed annexation. The City has recently passed a Land Use Bylaw amendment to provide for a Rural Industrial District (copy attached at Tab 2 to this June 9, 2014 rebuttal). 12. Section 6.0 Undevelopable Land Review and other Planning Issues Discussion and Analysis – page 21 25 1. Highway 43X Highway Right of Way The two separate areas were disclosed to the County with the following definitions: a. Hwy 43X and Southwest Bypass planned right-of-ways from Alberta Transportation. b. Land owned by the Crown for the purpose of assembling the Hwy 43X Bypass These areas are not double-counted. The first is the actual right of way alignment; the second is the additional crown owned land for the purpose of assembling the Hwy 43X bypass. 2. Previously Developed Areas Page 8 of 29 Comment in Simpson Response Report (Simpson Report page numbers) The IDP references “gross area consumed by subdivision registration” as the measure of growth. The County was the source of this figure, having disclosed these figures to the City as a measure of growth in the STAA. The City disagrees with the County’s assertion that existing developed areas such as country residential subdivisions can be counted as potential growth area in the form of infill. Existing country residential subdivisions are characterized by significant variation in the development of rural lots ranging from placement of buildings on lots and placement of driveways, onsite wells and septic systems, as well as site grading and drainage. These site conditions limit the practical ability for re-subdivision and infill. Investment in these properties and the cost to remove dwellings and infrastructure to accommodate comprehensive redevelopment at the neighbourhood scale is unlikely in the next 30 years. 3. Expansion of the Grande Prairie Airport The City disagrees that it has suggested the lands for future airport expansion are undevelopable due to proximity to the airport. The land is for airport expansion, as has been previously stated. 4. Land Requirements to meet ERCB regulations The City disagrees with the County’s assertion that the City has exaggerated the setbacks required by ERCB. AER (formally ERCB) determines the required setbacks at subdivision stage. It is not within any municipality’s jurisdiction. The setbacks are based on both the concentration of H2S and the release rate. Release rates can change and setbacks are based on the type of development, therefore the City estimated a minimal setback from all wells with the understanding that the setbacks may be greater or lesser when determined through a formal subdivision process. The City is committed to complying with regulatory requirements. 5. Existing Road Allowances and Land for Future Road Page 9 of 29 Comment in Simpson Response Report (Simpson Report page numbers) Allowances Lovatt Planning Consultants has addressed the doublecounting of public lands. 6. Trumpeter Swan Habitat MGB annexation Principle # 7 requires annexations to demonstrate sensitivity and respect for key environmental and natural features. The City acknowledges the Province’s efforts to protect unique ecosystems in the proposed annexation area. In its original submissions, the City included a map prepared by Alberta Environment and Sustainable Resource Development (ESRD) which identifies Trumpeter Swan nesting sites and references to the Provincial Trumpeter Swan Recovery Program. ESRD guidelines for protection of Trumpeter recommend setbacks from Trumpeter Swan habitat up to 800 metres in some instances. In the City’s original materials, the City included the ESRD recommended setbacks. However, the City has not expressed any intention to adopt those guidelines as City Standards. Like other municipalities, the City strives to be aware of matters important to Provincial environmental protection by circulating ESRD on development proposals adjacent to or which may impact on sensitive natural features and processes such as lakes, wetlands, watercourses. The City will evaluate any development applications for land within these setback areas, and make decisions based upon the individual facts of the case. A unique 30 metre setback applies to a specific 210 metre segment of shoreline frontage on Crystal Lake. This special setback is based on an ESRD recommendation for a known Swan Nesting site. 7. Setbacks from waterbodies Page 10 of 29 Comment in Simpson Response Report (Simpson Report page numbers) The City has policies in place through the Municipal Development Plan (MDP) to address environmental matters comprehensively. This means ecosystems, floodplains and stormwater and unstable slopes. The MDP prescribes a minimum setback from watercourses and wetlands, of fifteen (15) metres unless floodplain/stormwater analysis or geotechnical study recommends a greater setback for subdivisions. The 150 metre setbacks from waterbodies (lakes and wetlands) and 50 metres from watercourses was in fact double counted in terms of public land and has been addressed in the context of developable land (see Lovatt Planning Consultants Report). The City is not “freezing” land development adjacent to waterbodies or watercourses; however, at the scale of the IDP mapping it is a precautionary principle to identify environmentally sensitive or potentially hazardous lands. The planning process for specific development proposals involves more detailed engineering and biophysical analysis to establish ultimate development boundaries. 13. Other planning Issues Agricultural Land – pages 25-26 The City denies that it has erred in relation to the quality of agricultural land. The City used the Land Suitability Rating System (LSRS) not the Canada Land Inventory - Soil Capability for Agriculture (CLI). The CLI and LSRS are two different classifications for land, although essentially the same. The CLI and LSRS are essentially the same: good or prime agricultural land (Classes 1, 2 and some 3) is still prime land, marginal land (Class 4 and some 5) is still marginal and poor land (Classes 5, 6 and 7) is still poor. The two methods follow the same concepts, use the same rating factors and have the same rating format. The LSRS was developed using the CLI as the rating Page 11 of 29 Comment in Simpson Response Report (Simpson Report page numbers) standard. (source: Alberta Agriculture and Rural Development personal communication, David Spiess, e-mail attachment, March 17, 2014) (See Tab 3 to this June 9, 2014 rebuttal.) At page 32 of the City’s application the words “Canada Land Inventory Land Capability Rating data” should be replaced with “Land Suitability Rating System data”. On page 34the words “Canada Land Inventory Classification System (CLI)” should be replaced with “In the Land Suitability Rating System (LSRS)” 14. 15. 16. 17. Section 7.0 Growth Study Comments Municipal Equity – page 28 Population and residential Land requirements - page 29 Commercial and residential Land demand – page 30 This has been addressed in comments above. This will be addressed by Lovatt Planning Consultants and Applications Management. See above. Public Community Land demand page 31-32 Undevelopable lands - page 32 Provincial Land use Policies – page 32 This will be addressed by Lovatt Planning Consultants. 20. The intangibles – page 33 The County disagrees with the City’s approach, which does not negate the City’s approach. 21. County vs City standards – page 33 The City and the County have different standards. However, the City has begun its preparation to deal with rural industrial land. The City has recently passed an amendment to its Land 18. 19. This will be addressed by Lovatt Planning Consultants. The City believes that its position is supported by the Land Use Policies. Policies are not rigid, and must have sufficient flexibility to be relevant to the circumstances of the day. Page 12 of 29 Comment in Simpson Response Report (Simpson Report page numbers) Use Bylaw to deal with Rural Industrial development. The issue of servicing standards is a key factor of this area. A copy of the provision is attached at Tab 2 to this June 9, 2014 rebuttal). The City’s Industrial Attraction Strategy was born out of Council’s 2012-2014 strategic plan. The plan seeks to create a competitive advantage with respect to infrastructure, service levels and costs for commercial and industrial development. (Tab 4 to this June 9, 2014 rebuttal) Goal 3 of the Strategy is “Flexible Infrastructure standards”, and includes a direction to consider alternative servicing standards and service levels in newly annexed lands where conventional servicing is cost prohibitive, in an attempt to encourage development in the annexation areas. 22. Offsite levies – page 34 While the statement of different amounts of levies is accurate, it is not clear what point is being made. City roads are built to a higher functional design and construction standard and durability given the higher volumes of traffic. The County has had limited experience in urban residential densities of development- Wedgewood, Carriage Lane Estates and Clairmont. The City believes that the County’s industrial assessment and a disproportionately large share of linear assessment serve to subsidize the County’s growth costs. 23. Taxes – page 34 The City does not deny its mill rate is higher. However, as indicated above, the County has virtually unlimited opportunity for economic development, an abundance of linear assessment and easy access to regional public services for health care, education, indoor and outdoor recreational facilities and parks, cultural facilities, in addition to provincial and federal service agencies. This annexation seeks to level that playing field. Page 13 of 29 Comment in Simpson Response Report (Simpson Report page numbers) 24. Investment in Infrastructure - page 35 The County states it has invested in key pieces of infrastructure, but not identified what they are. Therefore, it is difficult to assess the validity of the statement. The City has entered an exclusive franchise agreement with Aquatera, which gives Aquatera the exclusive right to provide services, and to charge for them. Further, the City has passed a bylaw which requires developers to pay for the cost of infrastructure. There is a similar bylaw in the County. The City is prepared to respond, should there be oral testimony given on this point, and reserves it right to do so. 25. Section 8.0 Infrastructure and Transportation Infrastructure - page 36 The BLK report found in full at Tab B of the County’s Binder 1 (excerpts of which are found at the Simpson Report Tab 14) sets out the assumptions upon which it based its cost estimates, but contains no detailed work to be able to verify the cost estimates. Simpson states that the City “is not taking any responsibility to provide water and sewer systems to the area”. This statement appears not to recognize that Aquatera has the exclusive right to construct, maintain, and operate equipment to provide water and wastewater services and solid waste services within the City (Excerpt from City’s Aquatera Franchise Agreement Tab 5 to this June 9, 2014 rebuttal). Further, Aquatera has the right to charge and recover a fee for the provision of these services. Aquatera has a similar arrangement with the County. The City has shown that it has met Annexation Principles 6 (cost effective, efficient, coordinated services) and 8 (coordination and cost effective use of resources) through the provision of the ISL servicing study. The City has demonstrated by virtue of its servicing study its awareness of the technical opportunities and constraints characterizing the landscape of the annexation area. If required, the City has the in-house Page 14 of 29 Comment in Simpson Response Report (Simpson Report page numbers) expertise to extrapolate the relative costs of growth in the annexation area, as it does for lands within its current boundary. The City’s approach to infrastructure investment is supported by the Provincial Government through its approval of Aquatera. In its MDP (Volume 1, Tab 15, page 755 of the City’s original submissions), the City has expressed its intention to allow for new and emerging trends in industrial development, including alternative servicing approaches. These intentions are also reflected in Council’s Industrial Attraction Strategy. (Tab55 to this June 9, 2014 rebuttal) The Province has recognized the autonomy of each municipality in Alberta. The City is seeking to annex land because it believes annexation is in the best interests of its citizens. The shape and size of the short term annexation area is the result of IDP negotiations with the County of Grande Prairie. The City had proposed (a) lands for immediate annexation be more uniformly contiguous and close to the existing City Boundaries; and (b) lands that are more readily serviced in relation to existing trunk lines for water and sanitary sewer; that is to the south and west, and north/northeast. However, during the negotiations, the City agreed to limit its future growth to vacant undeveloped land. This was done to satisfy the County that the City’s motivations were not a socalled “Tax-grab”. 26. Transportation – pages 36-37 In response to the Simpson comment that “the plans identify a commitment to upgrading and paving key regional roads in the IDP area in the near future”, the IDP does not make such a commitment. The IDP states the following: Page 15 of 29 Comment in Simpson Response Report (Simpson Report page numbers) Section 6.7 policies 6.7.1 through to 6.7.6 6.7.1 The City and the County support the development of improvements to the provincial highway system as identified on the Regional Transportation Map 3. Moreover, both municipalities agree to actively pursue the development of the provincial system with the provincial government. 6.7.2 In addition to the improvements to the provincial highways, specific road corridors have been identified that require special consideration and coordination between the two municipalities. The common road system is identified on the Regional Transportation Map 3. 6.7.3 The City and the County will seek to incorporate the road patterns and designations identified on the Regional Transportation Map 3 into future transportation master plans. 6.7.4 The City and the County will share annual capital plans including plans for paving and borrowing of major roads in the plan area to ensure better coordination respecting proposed roadway planning and upgrades and to take advantage of joint tendering prices. 6.7.5 When subdivisions are proposed in the Plan area, all right-of-way requirements will be secured to ensure that long term transportation and road plans can be implemented when warranted. (emphasis added). Although the above policies indicate the parties will share annual capital plans, the County paved RR 54 in 2013 (Carriage Lane access north to SH 670) without advising the City, and after having received a letter from the Mayor requesting that the County not undertake annexation area improvements without consulting the City. (This project is referenced in the evidence of Mr. Pfau at Schedule “A”) Page 16 of 29 Comment in Simpson Response Report (Simpson Report page numbers) 27. Section 9.0 Negotiations and Mediation page 38 28. Section 10.0 Public Consultations page 39-42 The County has stated its views and to include a response would only be argumentative. The City believes it accurately captured the negotiations in its summary, but respects the fact that the County does not agree and has stated its position. The City has met the requirements for public consultation. The City invited landowners to open houses, and cannot be faulted if those invited did not attend or did not respond to the City’s request for their input. The City has included as part of its annexation application materials a full package regarding its consultation with land owners. The Simpson report suggests there was no opportunity for landowners to express their views or ask questions in a public forum. The City held open houses in October 2011 and May 2013 to permit landowners to discuss the terms of the application and to provide their input. Landowners were sent letters in May 2013 with the City’s final position. Landowners were given an opportunity to provide their input. Many have taken advantage of that opportunity and provided comments to the City and to the Board. (see Tab 6 to this June 9, 2014 rebuttal). 29. Section 11.0 – MGB Annexation Principles Principle 4 – Growth – As indicated, the City’s annexation seeks land for sustainable page 43 growth. It is supported by the Land Use Policies, and by Policy 4 (reasonable growth options). This has been discussed in the City’s other reports and is not repeated here. Page 17 of 29 30. Comment in Simpson Report (Simpson Report page numbers) Principle 6 – Cost Effective Coordinated Services – page 44 Response The City has identified the costs required to provide services to the annexation area following annexation. In addition, the future costs (and revenues) associated with growth and development both in the current boundaries of the City and the proposed annexation area have been projected. The City is in a good position to provide services to the annexation area in a cost effective and coordinated fashion. Regionally, Aquatera has the exclusive franchise in the City to provide water and wastewater services as well as solid waste services and to charge for the services. The City’s main materials indicate that the City and the County both have bylaws (City Bylaw C-1139 and County Bylaw 2972) which require Aquatera to provide utility services in the municipalities and to require the developer to pay for the costs of the infrastructure. The City did not ignore the costs. It recognizes them, but they are not a cost borne directly by the City. It is unclear if the County is suggesting that it pays for the costs of municipal water and sanitary sewers in the proposed annexation area. If so, the County appears to have ignored its own Bylaw 2972. 31. Principle 7 – Environmental Protection page 44 MGB Principle 7 states: Annexations that demonstrate sensitivity and respect for key environmental and natural features will be regarded as meeting provincial land use policies. The City has never proposed –either verbally or in writing– adopting a 500 to 800 metre development setback from wetlands generally, nor Trumpeter Swan Habitat specifically. The City did include material from the Province of Alberta ESRD in its annexation application, to demonstrate regard for the natural environment and commitment to work with the Province to establish reasonable setbacks for development. 32. Principle 9 – Full The City has submitted a full fiscal impact assessment in its Page 18 of 29 Comment in Simpson Report (Simpson Report page numbers) Financial Consideration - page 45 Response 33. Principle 10 – Interagency Impact page 45 The City has sent the School District notice of the annexation. The School District has not expressed any concern in relation to the City’s proposal. 34. Principle 11– Landowner Impact minimized page 45 The City has extended tax protection to landowners to that found within its Conditions of Annexation. original submissions and a rebuttal, both prepared by Applications Management. The City has fully reviewed the financial impact of the proposed annexation on City ratepayers, County ratepayers and ratepayers in the proposed annexation area. The City has reviewed the County of Grande Prairie’s Bylaws and policies in effect for the annexation area. The City will inherit County bylaws at the time of annexation. Throughout its public consultations and negotiations with the County, the City confirmed that it will ensure that landowners can maintain and enjoy existing rural lifestyles permitted through existing County bylaws, unless urbanization occurs that may conflict with some lifestyle opportunities (i.e., use of firearms). The City’s Bylaw Enforcement Manager also attended public open house sessions to assist landowners with lifestyle enquiries. As with the City’s position on Zoning and Development Opportunities, it is the City’s intent to maintain existing lifestyle opportunities by amending its current comparable City bylaws to incorporate the County bylaw provisions specifically for the rural annexation area. 35. Principle 12 – Public Consultation page 45 The City’s efforts at public consultation are set out in its Binder 1 and are described in its Application, submitted July, 2013. The City notified landowners of open houses, provided an opportunity for one on one consultations, and held open houses. The City believes that it fully met its obligations for consultation. Page 19 of 29 Comment in Simpson Response Report (Simpson Report page numbers) 36. Principle 13 – Revenue Sharing page 46 The City has offered to pay the County compensation based on a five year decreasing model. This was not acceptable to the County. Applications Management has provided a specific response on the question of revenue sharing. 37. Principle 14 – Not a Tax Initiative page 46 The City has not projected all future industrial growth within its boundaries. The City’s annexation will allow it to grow in a fiscally responsible and sustainable manner. The impact of the annexation on the County is small and even though tax compensation is not likely necessary, the City has offered to pay the County its lost taxes from the annexation area for 5 years following annexation at a declining rate. Ratepayers in the proposed annexation area will be protected from tax increases until such time development triggers payment of City taxes. The Simpson report questions whether the City has the financial ability to provide services to the rural area to the same level the County currently provides, without indicating what those services are. Aquatera provides water and waste water. As the Simpson report provides no details, the comments under this heading should be discounted. 38. Principle 15 – Conditions Certain page 46 39. Section 12.0 – Future Land Use Controls page 48-57 40. The City’s conditions meet Principle 15. They are unambiguous, enforceable and time specific. Although the County does not agree with the City’s proposed conditions, its disagreement does not mean the City’s conditions do not meet Principle 15. The City will update its MDP and LUB to deal with the newly annexed lands once they are annexed. The City cannot amend it planning documents for lands that are not under its jurisdiction. As a first step, the City has committed to protect uses (existing Page 20 of 29 Comment in Simpson Response Report (Simpson Report page numbers) prior to annexation) by specifically identifying them in the City Land use Bylaw. New development will be eligible pursuant to the current City Municipal Development Plan policies. Following Initial amendments to reflect the new City boundary and existing uses, City Council will undertake further amendments to its planning policies and Land Use Bylaw in consultation with land owners. Council does not intend to “freeze” development as alleged by the County. In fact, Council intends to encourage development in a planned and orderly fashion. In the same way that the County has amended its Land Use Bylaw to allow for urban development in Clairmont, the City can amend its Land Use Bylaw to ensure landowners in the annexation are not negatively impacted. The emphasis of the word “prior to” in the IDP does not mean all the IDP interim development policies will be removed. The City will consult with landowners to get input into which policies are relevant. The intent is to record existing uses and not limit future uses. The County’s current AG District includes only one permitted use which is Agricultural Operations and 48 discretionary uses. A single detached dwelling unit is a discretionary use in the County’s AG District. This indicates that the County dramatically limits uses in its AG District. The City will consult with landowners as part of the Land Use Bylaw amendment process to determine which of the 48 discretionary uses are appropriate in an urban/rural context. Provincial regulations apply to some of these uses. Until such time as new districts are adopted, the existing County Land Use Bylaw Districts will apply. The City has clearly stated that it will develop comparable Page 21 of 29 Comment in Simpson Response Report (Simpson Report page numbers) regulations to allow for the rural lifestyle that includes quadding and snowmobiling. These activities are permitted on private property in Strathcona County in close proximity to Sherwood Park with a population of some 65,000. Hunting is permitted in Strathcona County further away from populated areas in hunting season. This is not dissimilar to the current approach in Grande Prairie County. Hunting is provincially regulated. The City has clearly stated annexation will not affect the present use of land and that after annexation it will consult with landowners to develop Area Structure Plans at the City’s cost to determine future and appropriate interim land uses in advance of development. Landowners may have greater opportunities to develop in future as have landowners in Clairmont Urban Area. 41. At page 53-54: “A subdivision will also trigger an increase in taxes to the balance of the subdivision along with the proposed new lot (with the exception of the first parcel out of a quarter section)” There are incorrect statements in the Simpson Report. The remnant parcel from a subdivision will not lose its tax protection, only the newly created lot does. and at page 54: “Construction of a new dwelling on the proposed new lot will trigger an increase in taxes.” 42. Land Use Bylaw – Page 51-57 Making a development permit application and obtaining development approval will not trigger a change in taxes. Taxes are payable based upon the assessed value (market value) of the property, whether in the City or the County. In either jurisdiction, if the market value rises, the taxes may go up. This is not unique to the City, nor to the annexation area. The City provided a detailed conceptual policy and Land Use Bylaw framework to help land owners understand how existing Page 22 of 29 Comment in Simpson Response Report (Simpson Report page numbers) development rights will be preserved and the process pursuant to the MGA the City is obliged to follow in the event the Province approves the annexation application. In the context of MGB and annexation conventions for the level of detail, the City believes the level of detail provided meets or exceeds the Board’s expectations in addressing land owner concerns. 43. Section 14.0 Lifestyle Issues Page 59 The City has reviewed the County of Grande Prairie’s Bylaws and policies in effect for the annexation area. The City will inherit County bylaws at the time of annexation. Throughout its public consultations and negotiations with the County, the City confirmed that it will ensure that landowners can maintain and enjoy existing rural lifestyles permitted through existing County bylaws, unless urbanization occurs that may conflict with some lifestyle opportunities (I.e. use of firearms). The City’s Bylaw Enforcement Manager also attended public open house sessions to assist landowners with lifestyle enquiries. As with the City’s position on zoning and development opportunities, it is the City’s intent to maintain existing lifestyle opportunities by amending its current comparable City bylaws to incorporate the County bylaw provisions specifically for the rural annexation area. 15.0 Conditions 44. Taxation protection Page 60 Taxation Formula for Farm and Non-Farm Property Intermunicipal Development Plan Policy 6.0.1 provides that the annexation area constitutes a thirty (30) year supply of land. The City’s updated Growth Study and Population and Employment Forecasts support the original studies used to develop the annexation land area incorporated in the IDP. Page 23 of 29 Comment in Simpson Response Report (Simpson Report page numbers) Municipal Government Board Annexation Bulletin No.1-2005 states: Any condition relating to assessment and taxation must have a finite end point, otherwise the Municipal Government Board would likely have concerns on recommending such an arrangement to the Minister and Cabinet. In some recent annexations timelines have ranged from five to 15 years. Justification of timelines greater than 15 years would require significant rationale. Through negotiations and in good faith, the City proposed an additional five year phase in for non-farm property landowners, over the MGB’s upper timeline. In justification of the City’s formula for farm property considerably exceeding the MGB’s recommended time horizon, the City recognizes the right to farm and the support for agriculture industry within an expanded City. The City considers that its 25 year, plus additional five year phased transition to City tax rates will assist farmers, whilst maintaining a finite end point. 45. Page 61-62 Compensation to the County for Loss in Property Tax Revenue Taxation Transition Due to the predominantly undeveloped state of the annexation area, the taxes generated are minimal to the County’s overall assessment base. Furthermore, upon annexation, the County will no longer incur service costs for the annexation area which significantly exceed the tax revenue generated. For this reason, the City’s original position during negotiations was for no compensation to the County for loss of tax revenue. However in a show of good faith and to assist negotiated discussions, the City offered compensation to the County over a period of five (5) years, being 100% of the lost tax revenue in Page 24 of 29 Comment in Simpson Response Report (Simpson Report page numbers) year one following annexation, decreasing 20% each year after. This proposal is consistent with previous MGB Order recommendations. See Applications Management for further discussion on this point. 46. Page 62 Compensation to the County for Infrastructure Upgrades (completed projects) The County is seeking a one-time cash payment for the depreciated value of completed road projects undertaken over the past 10 years. The City’s does not agree that it should pay for projects for which the County received annual taxes from assessment that should have been utilized to maintain its road infrastructure. Projects which predate the Notice of Annexation are a County responsibility. See Applications Management’s report for further comment on this condition. 47. Page 63 Future Road Commitments The City cannot bind future councils in respect of road paving projects. Through negotiations and mediation, the City agreed that roads within the annexation area would be included in future Council capital budget deliberations, once within the City’s jurisdiction. The City also notes that in respect of RR70, the County had government grant funding allocated to this road paving project, but decided to use the funds elsewhere since the road was within the annexation area. 48. Page 64 Other Compensation Solid Waste Disposal The County is seeking compensation for annexed landowners Page 25 of 29 Comment in Simpson Response Report (Simpson Report page numbers) to continue using the Clairmont facility for a period of 10 years (County estimate to be $150,000 per year). The City questions the County’s annual estimate since during negotiations and mediation, the County identified an annual cost estimate of $25,000 per year. The City is proposing to offer all landowners within the annexation area the opportunity to continue disposing of garbage at the Clairmont facility free of charge for a period of five (5) years following annexation on a pay per use basis. This will assist the transition into the City’s jurisdiction. The City also notes that currently there are landowners within the annexation area that due to location convenience, pay to use the Aquatera facility and also others who rent private bins on their property. 49. Page 65 Business Licenses The City requires licenses for certain business activities within its jurisdiction. In order to assist landowners’ transition to its jurisdiction, the City considers that its proposal to waive business license fees for existing businesses for a period of five (5) years following annexation would be a reasonable timeframe to allow this transition. 50. Page 65 Debentures The City has always agreed with the County’s compensation request to assume the remaining annual debenture payments following annexation for the RR63, RR60, RR55 road projects and portion of the West Aqua Water Line project within the annexation area. 51. Page 66 Wedgewood Intersection The City is aware of what portions of the road it has under its control. The City is not aware of any “confusion” in relation to this intersection, contrary to what has been set out in the County’s Legal Argument at paragraph 137. It is clear which Page 26 of 29 Comment in Simpson Response Report (Simpson Report page numbers) municipality has control over what portions of this intersection. The future development of the road has not yet been agreed. The map titled “What Intersection should look like under the Act” is incorrect because the north boundary of Section 6-71-5W6M is a blind line, not a road allowance. Therefore section 18(2) of the Municipal Government Act (MGA) does not apply. This issue is a separate issue from the annexation and the County may raise this issue with the City. However, this should not be part of this annexation. 52. Page 66-67 Zoning and Development Opportunities Farmstead Separations In line with the majority of previous Board recommendations, the City is proposing the following events that would trigger City tax rates: 1. Subdivision by, or on behalf of the landowner; 2. Rezoning by, or on behalf of the landowner; and 3. Local Improvement Bylaw to allow any parcel to connect to water or sewer where the Local Improvement Bylaw has part or complete funding from the City. The County’s request to allow three parcels out of a quarter section (maximum 30 acres) was agreed in IDP Policy 6.1.4 as an interim measure prior to annexation, to allow some development opportunities for property owners within the annexation area. The City has proposed that once annexation becomes effective, the landowner of an un-subdivided quarter section in use for farming purposes may subdivide out one parcel (with or without a farmstead) without triggering City tax rates for the newly created parcel. This exemption permits continued farming operations, where the landowner may wish to retire and remain on the property, while allowing the farming operations to continue through a family member. Page 27 of 29 Comment in Simpson Response Report (Simpson Report page numbers) Triggering events will act to deter sporadic separation of large areas of undeveloped land which would act to restrict future planned urban growth for the City. For this reason, the City is opposed to allowing three parcels out of a quarter section before triggering City tax rates. 53. Page 67 Water and Sewer Connections The City’s position is that only those developments where water and sewer is connected to any parcel by way of a Local Improvement Bylaw which is funded in part or completely by the City would constitute a triggering event. The City’s rationale is that where such projects are funded upfront by City taxes, the parcel benefitting should thereafter be subject to City tax rates. 54. Page 68 Intermunicipal Development Plan Once annexation is effective, the Intermunicipal Development Plan (IDP) will require updating to reflect the new City boundary. Furthermore, the IDP was adopted by both municipalities in June 2010 and will therefore be subject to a comprehensive review in 2015. Policies within the current IDP can be discussed between the municipalities during this review. 55. Page 69 Development Opportunities The City has confirmed that the intent of annexation is to secure predominantly undeveloped lands for the purpose of future urban growth. The City has reservations about retaining County land use districts indefinitely since the intent is to encourage new urban growth rather than maintain current land uses. However, In order to address existing land uses and development at the time of annexation the City’s application (Binder 1-2, page 28) confirms that land use districts will be established in its Land Use Bylaw to ensure that the existing Page 28 of 29 Comment in Simpson Response Report (Simpson Report page numbers) uses on all annexed properties would be legally conforming in the City’s Land Use Bylaw post-annexation. Therefore the County’s statement that any current use will become legal, non-conforming is factually incorrect. 56. 16.0 Alternate Scenario Page 71-75 The City fundamentally disagrees with the alternate scenario put forward by the County. The alternate scenario advanced by the County is not supported by any population or employment projections nor by any fiscal impact assessment. In the absence of any meaningful data to evaluate this scenario, the City can only state its firm opposition. The City asks the Board to ignore the scenario on the basis that there is no basis upon which it can be evaluated, and therefore must be discounted, along with any conditions which would flow from it. Page 29 of 29 Section 99A Rural Industrial District - IR 99A.1 Purpose To provide an industrial district that reflects a rural standard of industrial development by allowing for rural road cross-sections. This district will generally be applied to new development areas that have been comprehensively planned through the adoption of an Outline Plan. 99A.2 99A.3 Permitted Uses Accessory Building or Structure Accessory Use Animal Service Facility, Major Auctioneering Facility Automotive and Equipment Repair and Sales, Major Automotive and Equipment Repair and Sales, Minor Automotive and/or Recreational Vehicle Sales, Rental and Service Broadcasting Studio Commercial Recreation Facility, Indoor Commercial Recreation Facility, Outdoor Commercial School Commercial Storage Contractor, General Contractor, Limited Equipment Rental and Repair Essential Public Service Extensive Agriculture Fleet Service Discretionary Uses Abattoir Adult Entertainment Facility Bulk Chemical and/or Fuel Storage Facility Carnival Casino Gas Bar General Industrial Greenhouse Industrial Business Centre Oilfield Support Outdoor Storage Facility Public Utility Rail Yard Recreation Vehicle Storage Recycling Depot Service Station Small Wind Energy Systems Solar Collector Storage Yard Taxidermy Truck and/or Manufactured Home Sales and/or Rental Vehicle Wash, Major Vehicle Wash, Minor Warehouse Distribution and/or Storage Warehouse Sales Drinking Establishment, Minor Family/Fast Food Restaurant Restaurant Retail Store, General Salvage Yard Surveillance Suite 99A.4 Site Standards In addition to the Regulations contained in Parts Seven, Eight, and Nine; the following standards shall apply: a) Site Area 4,000 m2 b) Site Width 40.0 m c) Front Yard 10.0 m City of Grande Prairie 134 Land Use Bylaw C-1260 d) Rear Yard 8.0 m e) Side Yard, Interior 8.0 m f) Side Yard, Exterior 8.0 m g) Building Height (max.) 15.0 m h) Lot Coverage (max.) 60 percent i) Landscaped Area 5 percent 99A.5 Additional Requirements a. Signs shall be in accordance with the requirement of the IH District; b. All development permit applications affected by the High Visibility Corridor Overlay shall comply with the requirements of Schedule C - High Visibility Corridor Overlay; c. Only front yards and exterior side yards need to be landscaped in accordance with Section 64.8; d. No parking, loading, storage, trash collection, outdoor service or displays area shall be permitted within the required front yard setback; e. All outdoor storage areas shall be fenced and may be required to be screened from view from the street by the fence or other suitable screening; f. Outdoor storage may only be permitted in a front yard or exterior side yard at the discretion of the Development Authority. However, additional screening and/or berming of any such open storage area may be required by the Development Authority; g. Outdoor storage shall comply with the setbacks in Section 99A.4; h. This district shall not abut a residential district; i. In addition to the required compliance with the Alberta Safety Code and Alberta Fire Code, and at the discretion of the Development Authority, any on-site manufacture, storage and handling of dangerous goods in excess of the quantities identified in Schedule E - Small Quantity Exemption for Dangerous Goods may require a Risk Assessment Report be prepared by a qualified engineer, and such report shall be guided by the guidelines established by the Major Industrial Accidents Council of Canada (MIACC) as published in: i) Risk-Based Land Use Planning Guidelines; ii) Hazardous Substances Risk Assessment, a Mini-Guide for Municipalities and Industries; and iii) MIACC Lists of Hazardous Substances. (Bylaw C-1260-7 - May 20, 2014) City of Grande Prairie 135 Land Use Bylaw C-1260 Gwendolyn Stewart - Palmer From: Sent: To: Subject: Attachments: Alison Downing <[email protected]> Monday, June 09, 2014 12:10 PM Gwendolyn Stewart - Palmer FW: Soil Classifications CLI vs LSRS.DOC From: David Spiess [mailto:[email protected]] Sent: March‐17‐14 1:59 PM To: Alison Downing Cc: Michael MacIntyre; Wayne Pettapiece; Michael Bock; Tom Goddard; Len Kryzanowski Subject: RE: Soil Classifications Hello Alison, Further to our conversation, this morning I have consulted with some of my colleagues and the following word document should clarify the differences between CLI and LSRS. This document was created in late 2010 to address same question. I hope this helps? Should you require further independent clarification the following three companies all have a thorough background in the differences and similarities with LSRS either in its application or its development in the first instance. I hope this helps Alison. Best Regards David Spiess P Eng Environmental Stewardship Division ARD / Phone 780 427 3739 / Fax 780 422 0474 / [email protected] Gerry Tychon Principal at Spatial Data Systems Consulting Phone: 780‐468‐5493 [email protected] Larry Nikiforuk Soil-Info Ltd 199 Rhatigan Rd E NW, Edmonton, AB T6R 1N6 (780) 432-3668 Ron McNeil LandWise Inc. 210A ‐ 12A St. North, Suite 407 Lethbridge, AB T1H 2J1 Tel: (403) 320‐0407 Fax: (403) 320‐0462 [email protected] 1 From: Alison Downing [mailto:[email protected]] Sent: Monday, March 17, 2014 9:14 AM To: David Spiess Cc: Michael MacIntyre Subject: Soil Classifications Good morning David, Further to our conversation this morning. I have attached a pdf showing pages from the City of Grande Prairie’s annexation application (Section 6.3 Land Capability for Agriculture). I have also attached the County of Grande Prairie’s submission as well as the maps they are referencing. I am hoping you can connect me with an expert that can help sort out the validity of the arguments. Thank you in advance, Alison Alison Downing BSc.Geog Planner I City of Grande Prairie City Service Centre P.O. Bag 4000 9505‐112 Street Grande Prairie, AB T8V 6V3 Ph. 780.538.0434 F. 780.357.7512 www.cityofgp.com Follow us on Facebook! Follow us on Twitter! View our photos on Flickr! ----------------------------------------------This message, and any attached documents, may include proprietary or protected information. If you are not the intended recipient, please notify me, delete this message, and do not further communicate the information contained herein without my express written consent. This email and any files transmitted with it are confidential and intended solely for the use of the individual or entity to whom they are addressed. If you have received this email in error please notify the system manager. This message contains confidential information and is intended only for the individual named. If you are not the named addressee you should not disseminate, distribute or copy this e-mail. 2 A message from the Alberta Soil Information Centre (ASIC) regarding land capability. The ASIC is recommending that all valuations of land capability formerly based on the Canada Land Inventory – Soil Capability for Agriculture (CLI) now use the Land Suitability Rating System (LSRS). The CLI and LSRS are essentially the same: good or prime agricultural land (Classes 1, 2 and some 3) is still prime land, marginal land (Class 4 and some 5) is still marginal and poor land (Classes 5, 6 and 7) is still poor. The two methods follow the same concepts, use the same rating factors and have the same rating format. The LSRS was developed using the CLI as the rating standard. What is the CLI? The CLI (1) was developed in the 1960s as a basis for general regional planning in areas of land use conflict - with an emphasis on fringe areas. It included general capability assessments for agriculture, forestry, wildlife and recreation. As such, it was necessarily kept fairly flexible so that adjustments might be made to reflect regional differences across Canada. For example, Ontario and Nova Scotia or Saskatchewan might want a different emphases on texture or climate or pH. The concept of agricultural capability was sound and was quickly accepted and adopted by land resource professionals, planners and real estate brokers. By the late 1970s, it had become a basic element of guidelines for land use planning at many local and provincial levels across Canada and was used for many agricultural policy decisions and programs. Why change from the CLI? The LSRS (2) adds rigor and specificity to the CLI and essentially removes personal judgment. The general nature and flexibility of the CLI, that worked well for regional level analysis, made it difficult to apply consistently at local levels of detail. Various assessors often arrived at different ratings. This was frustrating for both the land evaluators and the users of the data. Also, in keeping with the general objective of regional planning, the ratings were published at relatively small scales (1:250,000 in Alberta) where average sized units were often many sections in size. An additional national concern was that the ratings could have different meanings in different parts of the country. A Class 2 in Quebec might not be equivalent to the Class 2 in Alberta. They might not even use the same crops for evaluation. There was a need for more consistency. 1 What were the changes? To achieve consistency, a single crop (or closely related suite of crops) was used as reference and specific relationships were defined for all contributing climate, soil and landscape parameters. Spring seeded small grains (with an emphasis on barley) became the reference crop as they are grown in every agricultural region in Canada. Factors known to affect crop growth and management were then defined and assessed on a continuous, 0-100, scale. These included for climate- heat and moisture; for soils- moisture supply, fertility and structure and rooting medium; and for landscape- slope and stoniness. The combined factors were tested against presently accepted CLI ratings and computer programs (3) written standardizing all calculations. What was the result of the changes? The first result was that everyone using the same data arrived at the same rating. For Alberta, there were some changes related mainly to the better control of climate information. The most obvious was the loss of Class 1. When compared to ideal conditions, Alberta has, in most years, at least a slight limitation due to lack of moisture or lack of heat or both. Class 1 was thereby amalgamated with Class 2 which had remained similar to the CLI and which is still considered as prime farmland. The other changes related mainly to Class 4. With better climate data we could now define a Class 4 climate (not present in the CLI) and could more reliably place the boundary values in the landscape (map). The result was that the Class 3, 4 and 5 “zone” boundaries were in some instances shifted slightly from those of the CLI – some east and some west. All the boundaries are now more defensible. It must be remembered that they are based on 1961 to 1990 climate averages and do not include any changes over the last 15 years (the CLI used data prior to 1960). What are the implications for by-laws and policies that presently use CLI values? There is no need to change any of the present guidelines or policies apart from changing the name from CLI to LSRS. The concepts are identical and the classes are the same. The decision making processes should not change. It should be noted that boundaries still exist and guidelines are still guidelines that need to be accepted or modified by local decision-making bodies. 2 Where does one find LSRS ratings? General LSRS ratings may be found on the Alberta Soil Information Centre website (www.agric.gov.ab.ca/asic) associated with the 1:100,000 scale, standardized AGRASID (soil survey) map units. Maps may be produced by using this database, but given the ability to assess and rate areas of any size, it was considered appropriate for users to define their own specific requirements. Programs to calculate LSRS ratings or with the AGRASID data can be obtained from the Alberta Soil Information Centre. References (1) ARDA. 1965. Canada Land Inventory. Capability for Agriculture. The Canada Land Inventory Report No. 2, Dept of Forestry and Rural Development, Ottawa. 16 p. (2) Agronomic Interpretations Working Group. 1995. Land suitability rating system for agricultural crops: 1. Spring seeded small grains. Edited by W.W. Pettapiece. Tech. Bull. 1995-6E. Centre for Land and Biological Resources Research, Agriculture and Agri-Food Canada, Ottawa. 90 p, 2 maps. (3) WWP definition of Prime land (4) Tychon, G. G.and W. W. Pettapiece. 2003, 2004. Land Suitability Rating System interactive programs to accommodate Alberta (AGRASID) data bases and Area Specific ratings. Can be obtained from Conservation and Development Branch, Alberta Agriculture, Food and Rural Development, Edmonton, Alberta. Computer programs (LSRS 2.1, LSRS 2.2) with documentation. Contact: Alberta Soil Information Centre. Conservation and Development Branch Alberta Agriculture Food and Rural Development 206, 7000 – 113 St. Edmonton, Alberta T6H 5T6 <http://www.agric.gov.ab.ca/asic> Finding Land Classifications - Frequently Asked Questions http://www1.agric.gov.ab.ca/$department/deptdocs.nsf/all/faq7613 LSRS Manual http://sis2.agr.gc.ca/cansis/publications/manuals/1995-6/intro.html 3 Industrial Attraction Strategy 1 Preamble The Industrial Attraction Strategy was born out of Council’s 2012‐2014 strategic plan. The plan states that the City and its partners will offer a competitive advantage with respect to infrastructure, service levels and costs for commercial and industrial development. The Industrial Attraction Strategy seeks to fulfill these goals. The Industrial Attraction Strategy will be reviewed annually by Council. Key Priorities 1. Infrastructure Development Desired outcomes: This focus area is to identify infrastructure deficiencies that hinder industrial and commercial development. The identification and mitigation of barriers to development will increase the attractiveness of the City for builders and developers. 1.1 Goal 1: Ensure adequate water, sanitary and transportation capacity in priority expansion areas. Actions: Administration will identify infrastructure gaps and areas of concern for Council to consider further actions such as, project funding, advocacy, etc. o Reason: To reduce time between site selection and construction o Timeline: To be determined o Cost: Variable, approximately $4,000,000 identified for infrastructure 1.2 Goal 2: Ensure adequate supply of industrial and commercial land is available for development. Actions: Undertake market study to determine potential absorption rates of commercial and industrial land. o Reason: To inform City actions o Timeline: 3‐6 months o Cost: $20‐50,000 Consider adjusting taxation to reflect the pace and density of development and redevelopment. o Reason: To match development revenues with expenses. o Timeline: Upon policy approval by Council o Cost: Dependent on the areas affected 2 Consider broader permitted and discretionary uses in the Land Use Bylaw. o Reason: To reduce instances of time lost during the process of rezoning. o Timeline: Concurrently with the Land Use Bylaw Review o Cost: Staff time City should consider creating area structure plans in the annexation areas. o Reason: To reduce development time and promote cohesive, orderly growth. o Timeline: 6‐12 months per plan, upon the conclusion of annexation o Cost: $60‐90,000 Maintain an inventory of commercial and industrial vacant land. o Reason: Inform investors, landowners and Administration of opportunities for development o Timeline: Completed, updated annually o Cost: Staff time 1.3 Goal 3: Flexible Infrastructure standards Actions: Review and revise Engineering Design Standards as needed to ensure appropriateness and flexibility in priority areas. o Reason: To reduce development time and costs o Timeline: 6‐12 months, upon Council direction o Cost: $50‐80,000 Consider alternative servicing standards and service levels in newly annexed areas where conventional servicing is cost prohibitive. o o o Reason: To encourage development in annexation areas Timeline: Not yet established Cost: Not yet established 2. Policy and Procedure Enhancement Desired outcomes: Ensuring that we have competitive standards and costs will aid in the on‐going attraction of new businesses to the City. The City will work to identify new competitive and comparative advantages. 2.1 Goal 1: Increasing Competitive Advantages Actions: Consider implementing a system to quantify the cost/benefit of proposed changes to City Bylaws, Policies and Procedures affecting land development. o Reason: Ensure Council considers all factors prior to making a decision o Timeline: Upon City Manager approval o Cost: Staff time 3 Assess what options are available to lower the electrical distribution costs in the City. o Reason: Electrical costs within the ATCO service region are dramatically higher than all other distribution areas within the province. o Timeline: On‐going o Cost: Staff time Consider lowering parking requirements for new developments. o Reason: Developers have an incentive to provide adequate parking o Timeline: Concurrently with the Land Use Bylaw Review o Cost: Staff time Consider the establishment of a Business Development Liaison position. o Reason: This position would be responsible for assisting developers through the City process and ensuring a positive and expedient outcome when possible. o Timeline: o Cost: $85,000‐120,000 (Including salary, benefits and small operating budget) Review City development and planning processes annually to improve operational efficiencies. o Ensure appropriate processes are in‐place and up‐to‐date o Timeline: Annual o Cost: Staff time 4 PUBLIC NOTICE ANNEXATION PUBLIC OPEN HOUSE The City of Grande Prairie will be hosting final drop-in open house sessions to update members of the public about the City’s annexation application preparations. The City will be holding two drop-in open house sessions. Both sessions will contain the same material. Annexation Public Open House Sessions Monday May 27, 2013 Tuesday May 28, 2013 4.30pm-8.00pm 4.30pm-8.00pm Muskoseepi Park Pavilion Muskoseepi Park Pavilion 102 Avenue & 102 Street 102 Avenue & 102 Street Grande Prairie, AB. Grande Prairie, AB. Further information on the annexation process is available on the City’s website at www.cityofgp.com or by contacting the City’s Planning Department at 780-830-7428. Development Services City Service Centre P.O. Bag 4000 9505 – 112 Street Grande Prairie, AB T8V 6H8 PH: (780) 538-0421 FAX: (780)538-0746 December 13, 2012 Dear Sir or Madam, RE: City of Grande Prairie Annexation Update The purpose of this letter is to provide landowners and affected agencies an update on the City of Grande Prairie’s annexation application preparations. Since August 2012, The City of Grande Prairie and County of Grande Prairie No. 1 have been engaged in negotiations regarding proposed terms of annexation. As of December 2012, there are some matters that the parties have been unable to reach agreement on. Consequently, the next step in the process is for the two municipalities to attempt mediated negotiations for the outstanding issues. It is expected that mediation will occur in January 2013. Outstanding issues include some matters relating to proposals for the transition of annexed landowners from the jurisdiction of the County to the City. As a result, City Council is unable to finalise the proposed terms of annexation for landowners until mediation has been completed. Once City Council has decided the final terms of annexation proposed, to assist landowners’ transition from the County to the City’s jurisdiction, the City will mail out an information package to every landowner in the short-term annexation area. The City will also schedule additional open house sessions and will be available to answer phone or email enquiries and offer one-to-one meetings to answer any questions. It is anticipated that the landowner package may be mailed and open house sessions held in February 2013, with the City intending to file its annexation application to the Municipal Government Board (MGB) by March 2013. Further Page |1 Development Services City Service Centre P.O. Bag 4000 9505 – 112 Street Grande Prairie, AB T8V 6H8 PH: (780) 538-0421 FAX: (780)538-0746 information regarding the annexation process can be found at www.cityofgp.com QUICK PAGES >Annexation. If you have any further questions at the present time, please contact Stuart Wraight, Planner, at (780) 830-7428 or email [email protected]. Sincerely, THE CITY OF GRANDE PRAIRIE Stuart Wraight RPP, MCIP Planner II 780 830-7428 | [email protected] Page |2 City of Grande Prairie, Alberta : Annexation Page 1 of 6 City of Grande Prairie Annexation Information Annexation Update Land Use Planning March 2014 March 14, 2014 County Submission to the Municipal Government Board February 2014 Annexation Process Resumes In Fall Annexation documents presented by the City to the County of Grande Prairie continue to be available for viewing by the public at two City facilities until October as a result of the merit hearing being postponed until the fall. The County of Grande Prairie was successful last Monday in receiving a one month extension of time to file its position on the City’s Annexation Application, which has also resulted in the full merit hearing now being delayed until late October 2014. The Municipal Government Board had originally scheduled the hearing had been scheduled for May. The City filed its Annexation Application to the Municipal Government Board in July 2013 and provided additional final study document updates in November 2013. Locations For Viewing Copies of the City’s Annexation Application are available for viewing by affected landowners and the public between 8.30 a.m. and 4.30 p.m., Monday to Friday at City Hall and the City Service Centre. Next Steps As a result of the time extension, The County of Grande Prairie is now required to submit its response documents and legal argument to the City in March. Thereafter, landowners and the general public are offered the opportunity to provide written submissions to the Municipal Government Board or register their intent to make oral presentations at the merit hearing by June. The City also has until June to register a rebuttal to the County’s submission. The City had requested that if the annexation is supported, it becomes effective January 1, 2015. Assisting Growth Opportunities Annexation of 6,300 hectares of land west and northwest, northeast and several quarter sections surrounding the City would accommodate future growth objectives. The City and County of Grande Prairie agreed on the lands to be annexed through adoption of the Intermunicipal Development Plan (IDP) in June 2010. “While we share and appreciate the board’s concern for ensuring that all parties are treated fairly, the City also believes that the IDP development process, annexation negotiations, and MGB hearings have provided ample opportunity for discovery, disclosure and public participation,” says Mayor Bill Given. “After nearly seven years in this process we look forward to being able to finally get to the merit hearing, as each year that passes represents detrimental lost opportunities for the City.” http://www.cityofgp.com/index.aspx?page=968 6/6/2014 City of Grande Prairie, Alberta : Annexation Page 2 of 6 For further information, please contact: Stuart Wraight Planner II Tel: 780-830-7428 Email: [email protected] January 2014 Fiscal Impact Analysis 2008 Growth Study Update 2012 - 2061 Land Demand Population and Employment Forecast 2012 - 2061 November 29, 2013 In accordance with the requirements of the Municipal Government Board Notice of Decision No. DL 036/13, on November 29th, 2013, the City of Grande Prairie submitted to the County of Grande Prairie No. 1 the documents as listed in Decision No. DL 036/13, including: 1. City of Grande Prairie 2008 Growth Study Update 2012-2061 Land Demand 2. City of Grande Prairie Fiscal Impact Analysis of Proposed Annexation 2013 3. City of Grande Prairie Population and Employment Forecasts Final Report 2012-2061 A copy of these documents are available for viewing by affected landowners and the public between the hours of 8.30am-4.30pm, Monday to Friday at the following City locations: City Hall City Service Centre Second Floor First Floor 10205-98 Street 9505-112 Street Grande Prairie, AB Grande Prairie, AB For further information, please contact: Stuart Wraight Planner II Tel: 780-830-7428 Email: [email protected] October 2013 On September 20, 2013, the Municipal Government Board held a preliminary hearing at the Pomeroy Hotel and Conference Centre. It was decided by the MGB that the annexation merit hearing will commence at 9.00 AM on Monday, May 26, 2014 and extend, if necessary, to Friday, June 6, 2014. No hearing is currently scheduled for Saturday, May 31 to Monday, June 2, 2014. The MGB Panel assigned to the annexation merit hearing will consider requests on Monday, May 26 to extend the hearing into the evening on specified days to accommodate presentations by affected landowners and the public. For further information regarding the annexation merit hearing process, including submission requirements, please contact: Rick Duncan Case Manager Municipal Government Board 15th Floor, Commerce Place http://www.cityofgp.com/index.aspx?page=968 6/6/2014 City of Grande Prairie, Alberta : Annexation Page 3 of 6 10155-102 Street Edmonton, Alberta, T5J 4L4 Phone: (780) 427-4864 Fax: (780) 427-0986 Email: [email protected] If you require information regarding the City of Grande Prairie’s annexation application, please contact: Stuart Wraight, RPP, MCIP Planner II City of Grande Prairie City Service Centre 9505-112 Street Grande Prairie, AB T8V 6V3 Phone: (780) 830-7428 Fax: (780) 538-0746 Email: [email protected] August 2013 Date Set for Preliminary Annexation Hearing The Municipal Government Board (MGB) has scheduled a preliminary annexation hearing for Friday September 20, 2013. The hearing will start at 10.00 AM and will be held in the Salon Ball Room at the Pomeroy Hotel and Conference Centre, 11633-100th Street, Grande Prairie, AB. The purpose of this preliminary hearing is to identify persons wishing to make submissions about the City’s proposed annexation, determine the issues to be raised, establish a document timeline and set a date for the start of the merit hearing. The merits of the City’s proposed annexation will not be argued at the preliminary hearing. For further information regarding the preliminary hearing process, including submission requirements, please contact: Rick Duncan Case Manager Municipal Government Board 15th Floor, Commerce Place 10155-102 Street Edmonton, Alberta, T5J 4L4 Phone: (780) 427-4864 Fax: (780) 427-0986 Email: [email protected] If you require information regarding the City of Grande Prairie’s annexation application, please contact: Stuart Wraight, RPP, MCIP Planner II City of Grande Prairie City Service Centre 9505-112 Street Grande Prairie, AB T8V 6V3 Phone: (780) 830-7428 http://www.cityofgp.com/index.aspx?page=968 6/6/2014 City of Grande Prairie, Alberta : Annexation Page 4 of 6 Fax: (780) 538-0746 Email: [email protected] Annexation Application Filed July 23, 2013 The City has been preparing an Application for annexation of lands currently within the County of Grande Prairie No. 1, in order to allow the City sufficient lands to accommodate future growth. The lands identified for annexation are shown on the map IDP Map 4 Short Term Annexation Area. The City completed its Application, which was filed with the Municipal Government Board on July 23, 2013. Letters have been sent to all landowners and stakeholders in the Short Term Annexation area. Please note that we gather addressing information from the address listed on your land title certificate. If your address has changed with the implementation of the new Canada Post addressing system, please contact us at the City so that we may update our records. A copy of the Application is available below for viewing or downloading. A paper copy is available for viewing between 8:30 am and 4:30 pm, Monday to Friday, at City Hall and the City Service Centre. If you require further information on annexation , please contact Stuart Wraight at 780 830 7428 or [email protected]. Annexation Application Final Report Binder 1 Appendix 1 Council Resolution to Begin Annexation Process Appendix 2 Notice of Intent to Annex Lands sent to Municipal Government Board Appendix 3 Notice of Acknowledgement from Municipal Government Board Appendix 4 Municipal Government Board Bulletins Appendix 5 Report on Negotiations and Public Consultations Appendix 6 County Acknowledgement of Report on Negotiations Appendix 7 Detailed Land Use Planning Concept Appendix 8 List of Agencies Notified and Responses Received Appendix 9 Documents Relating to City’s Public Consultation Process Appendix 10 Land Owner Responses to Public Consultation Process Appendix 11 City Reports and Actions in Response to Land Owner Concerns Appendix 12 Documents Relating to Negotiations Appendix 13 Documents Relating to Mediation Binder 2 Appendix 14 Intermunicipal Development Plan (City Bylaw C-1248; County Bylaw 2896) Appendix 15 City of Grande Prairie Municipal Development Plan (Bylaw C-1237) Appendix 16 County of Grande Prairie Municipal Development Plan (Bylaw 2680) Appendix 17 Mountview Industrial ASP (Bylaw 2462) Appendix 18 West Mountview Industrial ASP (Bylaw 2920) http://www.cityofgp.com/index.aspx?page=968 6/6/2014 City of Grande Prairie, Alberta : Annexation Page 5 of 6 Appendix 19 City of Grande Prairie Land Use Bylaw (C-1100) – Relevant Sections Appendix 20 County of Grande Prairie No. 1 Land Use Bylaw (2680) – Relevant Sections Binder 3 Appendix 21 City of Grande Prairie 2008 Growth Study Appendix 22 City of Grande Prairie 2008 Population and Employment Forecast 2007-2057 Appendix 23 Mapping of Environmental Reserve (ER) and Science Based Setbacks for ER Appendix 24 Annexation Area Infrastructure Planning Study Appendix 25 City of Grande Prairie Fiscal Impact Analysis Appendix 26 Parcels by Number Appendix 27 Land Owner Addresses Appendix 28 Land Owner Legal Description Appendix 29 Land Owner Certificates of Title May 2013 The City of Grande Prairie is finalising its annexation application for submission to the Province of Alberta Municipal Government Board to annex lands from The County of Grande Prairie No. 1. The annexation application will comprise a request to annex approximately 6,300 hectares from The County of Grande Prairie No. 1 in accordance with the provisions of the City of Grande Prairie & County of Grande Prairie No. 1 Intermunicipal Development Plan. The City and The County engaged in negotiations between August and December 2012, to negotiate the specific terms of the annexation, including landowner provisions and compensation to the County. The parties could not agree on all issues negotiated and therefore jointly agreed to attempt mediation, as required by the Municipal Government Act. Mediated discussions were held in February and March 2013, with the support and assistance of provincially recommended mediators. In order to move the process forward in a timely manner, the City has decided to file its application to the Municipal Government Board for consideration of the City’s request including landowner transition provisions and compensation to the County. The City mailed an update to all landowners within the annexation area on May 7, 2013, which included details of the City’s proposals to assist annexed landowners transition to the City’s jurisdiction. Drop-in open houses were held Monday May 27 and Tuesday May 28, 2013 to allow affected landowners and residents of both the City and the County the opportunity to meet with City Administration to discuss the specific terms of the City’s application. The City intends to file its application to the Municipal Government Board by no later than June 30, 2013. After filing, a copy of the application will be available on this website and a hard copy available to view in person at City Hall and the City Service Centre. Once the application has been accepted by the Municipal Government Board, the Board will undertake its own public consultation process and schedule a public hearing to be held in the City of Grande Prairie. Please check back for updates regarding the annexation process and if you have any specific questions, please contact Stuart Wraight, Planner II in the City’s Planning Department. Stuart Wraight, Planner II Development Services, City Service Centre 9505 - 112 Street Grande Prairie, AB T8V 6V3 http://www.cityofgp.com/index.aspx?page=968 6/6/2014 City of Grande Prairie, Alberta : Annexation Page 6 of 6 TEL: (780) 830-7428 FAX:(780) 357-7512 EMAIL: [email protected] Previous correspondence regarding the annexation process may be viewed here. • Media releases: May 14, 2013, May 2, 2013 • Annexation FAQ's by annexation area landowners • Annexation FAQ's by City residents • Annexation and the Intermunicipal Development Plan (IDP) • Annexation Notifications and Correspondence 2010 - 2013 • Additional Information and Links Related to Annexation http://www.cityofgp.com/index.aspx?page=968 6/6/2014 Development Services P.O. Bag 4000, 9505 - 112 Street Grande Prairie, AB T8V 6V3 Phone: (780) 538-0421 Fax: (780) 357-7512 May 7, 2013 Dear Sir or Madam, RE: City of Grande Prairie Annexation Update The purpose of this letter is to update landowners regarding the City of Grande Prairie’s annexation application preparations and proposals to assist landowners transition from County to City jurisdiction. The City and County of Grande Prairie No. 1 engaged in negotiations from August 2012 to December 2012 to attempt to negotiate specific terms of the annexation including landowner provisions and compensation to the County. Unfortunately both parties could not agree on all matters discussed and therefore agreed to engage in mediated discussions using provincially recommended mediators. Mediation took place in February and March 2013. Although negotiations and mediation resulted in some very positive discussions, the City has been unable to meet all of the County’s requests regarding amounts of compensation to be paid to the County associated with the annexation. The City of Grande Prairie has therefore decided to proceed and file its annexation application to the Municipal Government Board. Landowner Transition Provisions The City has focused on landowner transition provisions as its priority, whilst being mindful of previous Municipal Government Board recommendations on such issues. The City can provide the following updated information to landowners: 1. Taxation Phase-In Formula a. Previous City Proposals The City had originally proposed a 15 year taxation phase-in for all existing properties within the short-term annexation area. The intent was to maintain County tax rates for a period of five years following annexation and thereafter increasing 10% each year from year six to fifteen to reach the City tax rate in year fifteen. Page 1 As a result of the landowner feedback the City acknowledged that the issue of taxation was the primary matter of concern for landowners, including potential loss of farmland exemptions. In 2011, the City revised its formula to retain County tax rates for existing uses for 25 years for farm property and 15 years for all other uses. The City also proposed to honour any provincial farm property exemptions for a period of 25 years. b. City’s Final Position on Landowner Taxation Transition for Non-Farm Property As a result of the recent negotiations, the City of Grande Prairie is now proposing an additional five year transition to its previous proposal in order to help landowners transition from County to City tax rates: For a period of 15 years following the effective date of annexation, lands and buildings in existence at the date of annexation will be taxed each year using the lower of the municipal tax rate established by either the County of Grande Prairie or the City of Grande Prairie. At the end of the 15 year period, the City is now proposing an additional five year transition from County to City tax rates, increasing 20% each year until reaching 100% City tax rates in year 20. New subdivisions or rezoning by or on behalf of the landowner, or properties subject to a local improvement bylaw for new water or sewer connections would trigger City mill rates. c. City’s Final Position on Landowner Taxation Transition for Farm Property The City also recognises that farm property within the County benefit from certain exemptions under the Provincial “Matters Relating to Assessment and Taxation Regulation”. The City acknowledges that the short-term annexation area includes farming operations, including associated residences and farm buildings. Since the City’s proposed annexation is to secure lands for future growth over a 30 year time horizon, it is also acknowledged that annexed lands may not be subject to urban growth for a number of years. The City is proposing that farm property would be taxed each year using the lower of the municipal tax rate established by the County of Grande Prairie or the City of Grande Prairie for a period of 25 years. At the end of the 25 year tax protection period, the City is now proposing an additional five year transition period from County to City tax rates, increasing 20% each year until reaching 100% City rates in year 30. New subdivisions or rezoning by or on behalf of the landowner, or properties subject to a local improvement bylaw for new water or sewer connections would trigger City mill rates. Furthermore, it is proposed that any farmland exemptions currently received by landowners would be permitted to continue for a period of 30 years within the City, unless the exemptions become inapplicable through Provincial legislation. The City is also proposing to permit the subdivision of one parcel from an unsubdivided quarter section used as farm property without the new parcel triggering City tax rates. The primary intent of this is to allow owners the opportunity to subdivide an existing farmstead and remain at County tax rates should they desire to sell off their farm business. City Council further extended this arrangement to allow a new residence to be constructed on the remainder of the quarter section without triggering City tax rates and one vacant parcel to be subdivided out of a quarter section. Page 2 PLEASE NOTE: Notwithstanding the proposed taxation formulas and exemptions detailed above, this constitutes the City of Grande Prairie’s proposal to address these particular issues. The Provincial Municipal Government Board will determine whether these proposals are reasonable and justified and have the authority to revise these proposals, if deemed necessary. 2. Zoning/Development Opportunities, Service Levels and Lifestyle Issues The City of Grande Prairie has undertaken a review of matters in the proposed annexation area relating to development regulations and opportunities including services such as snow clearing, policing, fire protection, lifestyle issues such as hunting and riding horses on public roads etc. This review has included consultation with County of Grande Prairie administration to determine issues that may arise for landowners transitioning from the jurisdiction of the County to the City of Grande Prairie. Council for the City of Grande Prairie has committed to maintain, to the extent possible, comparable standards to what landowners within the annexation area currently receive. Page 3 With respect to development opportunities, the City will inherit the County’s applicable Land Use Bylaw provisions for annexed properties at the time of annexation. Any future changes to land use zoning would not affect the right for existing properties and land uses to remain until redevelopment occurs. In particular, through negotiations The County of Grande Prairie identified some specific matters where landowners could be impacted because of different arrangements between the municipalities: a. Solid Waste Disposal The City is aware that some landowners within the annexation area use the Clairmont Waste Management Facility with no fee to dispose of garbage. Residents are required to pay to use the Aquatera Waste Management Facility. The City is therefore proposing to compensate annexed landowners for a period of five years if they choose to continue disposing at the Clairmont facility. The compensation will be based on actual costs and will be available for the five years after annexation becomes effective. b. Business Licenses The City regulates certain businesses through its Business License Bylaw and requires an annual fee for certain businesses to operate within the City. The City recognises that some landowners in the annexation area are operating businesses which would require a business license fee. In order to assist transition of these businesses into the City’s jurisdiction, the City is proposing to waive business license fees for existing businesses in the annexation area for a period of five years following the effective date of the annexation. The City will also be hosting drop-in open house sessions to allow landowners further opportunity to meet with City administration and City Councillors who will answer any questions regarding the City’s annexation application. Representatives from various City departments will be in attendance at the open house sessions to assist with landowner enquiries. Two open houses will be held, with the same information available at each open house: Annexation Drop-In Open Houses Monday, May 27, 2013 4.30pm-8.00pm Muskoseepi Park Pavilion 102 Avenue & 102 Street Grande Prairie and Tuesday, May 28, 2013 4.30pm-8.00pm Muskoseepi Park Pavilion 102 Avenue & 102 Street Grande Prairie City administration is also available to assist with telephone or email enquiries, or to meet with landowners in-person, if desired to discuss its annexation proposals. Page 4 3. Filing of Annexation Application to the Municipal Government Board The City is intending to file its application with the Provincial Municipal Government Board by no later than June 30th, 2013. Once the application has been filed a copy will be available to view on the City of Grande Prairie website. Copies will also be available to view in person at City Hall and the City Service Centre. The City will notify all landowners in writing once the application has been filed to confirm that it is available for public viewing. Once the application has been accepted by the Municipal Government Board, the Board will undertake its own public consultation process with landowners and schedule a date for a public hearing to take place in the City in order that landowners may have the opportunity to speak directly to the Board, if they so desire. If the City’s annexation application is successful, the City would likely be requesting January 1, 2015 as the date when the annexation becomes effective. If you require any further information, or if you would like to provide us with your updated rural address (Canada Post Initiated) please contact Stuart Wraight, Planner II at the City of Grande Prairie, by phone at 780-830-7428, or by email at [email protected]. Sincerely, THE CITY OF GRANDE PRAIRIE Stuart Wraight, RPP, MCIP Planner II Page 5 City of Grande Prairie, Alberta : Latest News : Open Houses Set For Annexation Page 1 of 1 Latest News Open Houses Set For Annexation Posted Date: 5/14/2013 City Council Monday approved two open houses for County of Grande Prairie residents to meet with Councillors and Administration regarding the City’s annexation application. These final information sessions are set for May 27 and 28 at the Muskoseepi Park Pavilion from 4:30 p.m. to 8 p.m. “These open houses and the mediated sessions that preceded them are part of the application process to the Municipal Government Board (MGB),” says Senior Planner Stuart Wraight. “Landowners have been sent letters notifying them of the open houses and we will also be available in person, by phone and email to discuss details of the annexation and how it affects them.” The City has focused on landowner transition provisions as its priority while keeping in mind relevant previous MGB decisions. An application will proceed by June 30. The Board will review the submission and then schedule a public hearing in Grande Prairie to consider the City’s request and to obtain information from residents and landowners who wish to make presentations. If successful, the City would request that annexation become effective on Jan. 1, 2015. The letter to residents provided a comprehensive update to landowners (see backgrounder for details): • Taxation Phase-in Formulas – City’s Final Positions on Landowner Taxation Transition from County to City rates • Zoning /Development Opportunities • Service Levels • Lifestyle Issues, including solid waste and business licenses “The City is pleased the process allows for this final opportunity to for us to meet directly with landowners and inform them of how their input over the previous four open houses has influenced the City’s final position,” says Mayor Bill Given. “We look forward to responding to any further questions that arise.” City and County administrations began discussing annexation terms in November 2011. Council to council negotiations began in August of 2012 and had several meetings through to December prior to mediation this spring. “Annexation is a key issue to address continued growth and viability of the City,” says Mayor Given. “In order to diversify our tax base, raw land is needed to accommodate opportunities for new industrial and commercial development.” Prior to negotiations with the County, landowners within the proposed annexation area received information packages from the City dealing with items such as proposed taxation and service levels, lifestyle and leisure issues as well as planning and development opportunities. The City’s Planning Department held open houses and provided consultation opportunities for land owners. Annexation would give the City about 6,300 hectares in the west and northwest, northeast and several quarter sections surrounding the City. The City and County of Grande Prairie agreed on the lands to be annexed through adoption of the Intermunicipal Development Plan in June 2010. Compensation Chart More News » http://www.cityofgp.com/index.aspx?page=33&recordid=2016 6/6/2014 City of Grande Prairie, Alberta : Latest News : City Proceeds To Apply For Annexation Page 1 of 1 Latest News City Proceeds To Apply For Annexation Posted Date: 5/2/2013 The City and County of Grande Prairie have completed mediated annexation discussions. Before the City submits its application to the Municipal Government Board by the end of June, it will hold two open houses to ensure affected landowners and City residents are aware of the process and next steps. “We were pleased with the mediated discussions held with the County,” says Mayor Bill Given. “Although the dialogue was positive and we gained a better understanding of each other’s points of view, we were not able to reach agreement on some final issues. “The City is committed to ensuring citizens of both municipalities are well informed and that we move towards a point where affected landowners can have some certainty.” The mediation discussions and final information sessions with the public are part of the annexation application process. Open houses are planned for May 27 and 28. Details on locations and times will be released as soon as they become available. The City and County began negotiations last August and had several meetings through to December prior to mediation this spring. “Annexation is a key issue to address continued growth and viability of the City,” says Mayor Given. “In order to diversify our tax base, raw land is needed to accommodate opportunities for new industrial and commercial development.” The Municipal Government Board will review the submission and then schedule a public hearing in Grande Prairie to consider the City’s request and to obtain information from residents and landowners who wish to make presentations. Prior to negotiations with the County, landowners within the proposed annexation area received information packages from the City dealing with items such as proposed taxation and service levels, lifestyle and leisure issues as well as planning and development opportunities. The City’s Planning Department held open houses and provided consultation opportunities for land owners. Annexation would give the City about 6,300 hectares in the west and northwest, northeast and several quarter sections surrounding the City. The City and County of Grande Prairie agreed on the lands to be annexed through adoption of the Intermunicipal Development Plan in June 2010. More News » http://www.cityofgp.com/index.aspx?page=33&recordid=1992 6/6/2014 Response to Landowner and Interested Persons 1. Landowner Concern City is aggressive in growth estimates All growth need not occur in City boundaries Response Although the landowners have expressed the concern that the City’s growth estimates are very high, the work done by Applications Management (Population and Labour forecasts and land demand) are in keeping with accepted practices and methods. The City has not asserted that all regional growth will occur in City boundaries. The annexation area is not based solely on growth estimates, but on establishing a larger more equitable and sustainable municipal boundary. The growth estimates provide a baseline for planning and visioning and negotiating with the County and the Province. The County through the IDP agreement recognized that there is no expectation that the entire area be immediately filled up or absorbed even in thirty years, only that the City should be entitled to a sufficiently large and strategic land base to accommodate a range of development. The area recently proposed by the County does not conform to the Intermunicipal Plan agreement, and does not achieve the Province’s intention to enable the City and County to grown and govern autonomously. In 2008, City commissioned the Growth Study that incorporated a combination of approaches to sustainable development. While the Study applied the traditional economic and demographic models with the standard high and low growth, based on assumptions about land absorption, the Growth Study took a broader approach which emphasizes the need for equity among municipal governments and citizens. The resulting IDP embraced by the County and City shows a future City boundary which more closely reflects the opportunity to plan and grow with the same freedom and autonomy as the County. 1 2. Landowner Concern Annexation is a “tax grab” Response The City’s annexation is not a “tax grab”. A principle of the IDP negotiations in 2008-2009 was that the City would seek to annex vacant undeveloped and unimproved land of relatively very low tax revenue. The County made this a fundamental condition of support for annexation, and identified the area to the Northeast and Northwest for immediate short-term annexation. The City agreed not to apply to annex any portion of Clairmont which represents a substantial portion of the County`s Industrial tax base (an otherwise logical progression or rationalization of the urban settlement pattern). 3. Concerns regarding the annexation of farmland The City supports farmers and the right to farm and the agriculture industry generally within an expanded City, and accepts that the Board and the Province may deem it appropriate to extend tax protection for farmers, beyond the 25 years (plus the 5 year transition period) committed to by the City, in the event of annexation. The City has committed to respect farmers’ ability to retire “on the farm” and subdivide homesteads parcels from unsubdivided quarter-sections, to enable sons and daughters to build a home and take over and continue the farming operation. The City, like the County and the Province, recognizes the importance of protecting the agricultural land base for future generations, and that enabling the conversion of some farmland for economic development through a planned process, curbs conflict with non-agricultural uses, and reduces fragmentation and premature loss of agricultural land. 4. Swan Habitat setbacks Objects to trumpeter swan setbacks of 500 or 800 meters No communication about the matter The City has never proposed –either verbally or in writing– adopting a 500 to 800 metre development setback from wetlands generally nor Trumpeter Swan Habitat. The City included material from the Province of Alberta ESRD in its annexation application, to demonstrate regard for MGB Principle 7. “ ..demonstrate sensitivity and respect for key environmental and natural features will be regarded as 2 Landowner Concern Swan Habitat setbacks (cont’) Response meeting provincial land use policies.” The City does have regard for environmentally sensitive lands through its planning and development approval process in the Municipal Development Plan- also included in the application for annexation. The City’s standard minimum ER setback from watercourses and wetlands, steep slopes, floodplains) is 15 metres (see Section 11 The Natural Environment). Section 11 includes a special enhanced 30 metre setback for a short segment of the Crystal Lake shoreline, due to a trumpeter swan breeding site. 5. Land on/outside boarder of the proposed annexation Not affected by annexation 6. Told Range Road 70 was on the list to be paved. Council of the day cannot bind a future Council to spending commitments. The City prioritizes Capital spending through its four year budgeting process. The City monitors traffic levels and will update its Master Plan following annexation. City does not pave County Roads. Some County roads will likely be identified and remain low volume/low traffic and remain gravel roads, consistent with rural lifestyles. 7. Services City cannot provide existing services received by County residents 8. Lifestyle issues The City has committed to maintain municipal service levels equivalent to the County. As in the City today, services such as Public Transit follow development. Grande Prairie Public, Francophone and Catholic schools boards will extend school busing within the boundaries of the City. The City has reviewed the County of Grande Prairie’s Bylaws and policies in effect for the annexation area. Throughout its public consultations and negotiations with the County, the City confirmed that it will ensure that landowners can maintain and enjoy existing rural lifestyles permitted through existing County bylaws, unless urbanization occurs that may conflict with some lifestyle 3 Landowner Concern Response opportunities (i.e. use of firearms). The City’s Bylaw Enforcement Manager also attended public open house sessions to assist landowners with lifestyle enquiries. As with the City’s position on zoning and development opportunities, it is the City’s intent to maintain existing lifestyle opportunities by amending its current comparable City bylaws to incorporate the County bylaw provisions specifically for the rural annexation area. 9. Development Rights The City has committed to protect uses (existing prior to annexation) by specifically identifying them in the City Land Use Bylaw. The City has confirmed that the intent of annexation is to secure predominantly undeveloped lands for the purpose of future urban growth. The City has reservations about retaining County land use districts indefinitely since the intent is to encourage new urban growth rather than maintain current land uses. However, in order to address existing land uses and development at the time of annexation the City’s application (Binder 1-2, Page 28) confirms that land use districts will be established in its Land Use Bylaw to ensure that the existing uses on all annexed properties would be legally conforming in the City’s Land Use Bylaw post-annexation. 4
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