112 Street East Rezoning & Annexation
On January 1, 2021, the land in the 112 St. E. area, the Redtail Rise subdivision, and a small piece of land in the southwest were annexed into the Town of High River. It is important that there is a plan to transition all of this land under the Town's Land Use Bylaw. This webpage is specifically focusing on the land within the 112 St. E. area.
112 Street Rezoning & Annexation
Project History
On January 1, 2021, the properties in the 112 St. E. area, along with land in the Redtail Rise subdivision and a small piece of land in the southwest, were annexed into the Town of High River.
During the 2010/2011 North Annexation negotiation process, the 112 St. E properties became a topic of discussion between the Town and the County, when some of the property owners expressed a desire to be included in the 2011 annexation application. Some of the concerns expressed during that time that led to the ultimate decision to exclude this area from the 2012 Annexation Application were: lack of public notice; the area was not identified in the 2000 Intermunicipal Development Plan (IDP) as an area for future urban growth; initial annexation proposal was for the lands west of Highway 2A and eastern portions were not part of the initial application and were added later to the annexation application based on landowners request; and not all of the property owners wanted to be annexed. In addition, time was of the essence to move forward with the annexation application to facilitate the Spitzee Crossing development. Based on these factors, the 112 St. E properties were not included in the 2011 Annexation Application.
During the 2011 Annexation Application negotiation process, the County expressed concerns regarding the fact that these parcels were to remain in the County while the entire right of way for 112 St. E was to be incorporated into the town boundary. The concerns expressed included maintenance of access for these properties and providing for stormwater management.
With the increase in traffic that was anticipated with the new connection between Highway #2A and Highway #2, some landowners indicated that they felt it will significantly change the character of the area and that they would like to explore all available options, including re-designating their parcels to a highway commercial land use zone.
Representatives from both municipalities agreed that a comprehensive approach to the planning of this area is preferred to an ad-hoc approach. As such, as part of the implementation of the 2012 IDP, the Town and the County agreed to jointly undertake a process to facilitate discussions with the landowners in this area regarding annexation.
The residents and property owners of this area have been quite involved in the various planning processes occurring in the area over the past few years, largely due to concerns regarding traffic, drainage, and potential land use changes. Some expressed their interest in becoming part of the Town, and some indicated no interest in any planning activities that might lead to different land uses and alternative traffic circulation within the area.
In addition, in recent years, Alberta Transportation and Economic Corridors (ATEC) has made it clear that the “slip ramp,” which currently provides access from Highway #2 southbound into the Town just south of the 112 St. E area, is to be closed as the Highway 543/ Highway 2 interchange is now open and functional. ATEC has, however, acknowledged the current problems with access in the area and has agreed to keep the slip ramp open on a temporary basis. The Town and the County are to propose an appropriate alternative access to the area. By annexing this land, the process of creating a comprehensive transportation and servicing plan through the appropriate planning exercise becomes more realistic.
The subject land was then identified as “Future Annexation Area” (FAA) in the 2012 Intermunicipal Development Plan. The purpose of the FAA designation is to identify land that could be appropriate for the Town to annex in the future.
By taking into consideration all the abovementioned issues, including traffic, access, servicing, land use conflicts and property owners’ interest in being annexed into the Town, together with the location of these subject properties, the Town made the decision to undertake a comprehensive consultation with the property owners prior to making a final decision regarding the annexation of the area.
The Town completed a comprehensive consultation process with the property owners and received 90% support for annexing their properties in the Town, with the exception of one property owner who did not support the annexation proposal and submitted a formal objection to the Town. The land is on the Town side of Highway #2 and is essentially cut off from the rest of the County. Therefore, the subject land logically fits into the Town’s boundaries. In addition, if the land were to be developed for highway commercial or mixed uses, it would blend well with the East Gateway and northeast areas directly south and northwest of the Town.
As such, the Town Council passed the following resolution on February 26, 2018:
Resolution #RC20180226.1005, “THAT Council advise the MD of Foothills and the Country Residential property owners that the Town will be proceeding with an annexation application regarding the properties located between 112 Street E and Highway 2 in the near future”.
Project Map
Project Purpose
- The Annexation Agreement allows the Town Council to rezone these properties into an Urban Reserve District.
- The Town had not taken this step as the Town had anticipated that the Area Structure Plan (ASP) and Functional Servicing Report (FSR) would have been completed within 3 years of the annexation.
- The uses permitted in Country Residential Districts and Rural Business Districts are actually very limited in scope. The uses and buildings on some of the properties have been allowed to go beyond the scope of Country Residential District and Rural Business District because some of the properties have received site-specific land use bylaw amendments that they received from Foothills County prior to annexation.
- The Town wants to move away from this piecemeal approach to land use planning because it does not allow for meaningful public participation in helping to shape the future of the area.
- It is critical to have a well-defined vision and plan for the development of 112 St. E. to ensure that new development in the area proceeds in a responsible and sustainable way that meets the key social, economic, and environmental goals of the community.
Current Zoning
Country Residential District (CRD) and Rural Business District (RBD)
To learn more about these districts including district uses please scroll down to the "Supporting Documents" dropdown.
The properties are currently zoned either Country Residential District (CRD) or Rural Business District (RBD).
Some of the properties that are zoned Country Residential District also have site-specific Land Use Bylaw amendments that they obtained from Foothills County prior to annexation to allow for uses that go beyond the scope of the CRD.
Council Direction
Urban Reserve District (URD)
To learn more about these districts including district uses please scroll down to the "Supporting Documents" dropdown.
On Sept. 25, 2023, the Council gave the following direction: THAT Council direct Town Administration to undertake public engagement and prepare bylaw amendments regarding rezoning 112 St. E land to Urban Reserve District (URD); AND THAT allowing a maximum of one (1) dwelling unit per lot as a permitted use should be supported in the area.
This is an interim measure to provide clarity to property owners, the general public, and the Town. The intention is not to maintain Urban Reserve District (URD) zoning for an extended period. Once the Area Structure Plan (ASP) and Functional Servicing Report (FSR) are approved, landowners may then proceed with rezoning applications for zoning that correspond to the land uses proposed in the ASP.
Town Administration has already received the direction to discourage new development on the properties (except for dwellings that comply with the CRD) prior to the ASP and FSR being in place because piecemeal development will make planning for the future of this area evermore challenging (e.g. road placement, etc.). Therefore, limiting new buildings and uses to just buildings and uses that comply with the URD zoning while allowing all existing buildings and uses to continue as per Section 4.18 of the LUB would not be that significant of a change in practice, but would bring significant clarity to the situation as the properties would no longer be zoned under the now superseded 2021 version of the Foothills County LUB.
Tax Implications
In order to minimize the taxation impacts on existing County residents, the Town and the County have agreed that lands and improvements in the Annexation Territory will continue to be assessed on a market-value basis and taxed for a period of 15 years from the date of the Annexation Order (the 2034 assessment year and for the 2035 taxation year) at the lowest applicable mill rate of either the County or the Town unless:
- there is an approved change in zoning (designation) to a land use other than Agricultural, Urban Reserve, Country Residential or their equivalents, whereupon the land will be taxed in accordance with the Town’s taxation provisions starting in the next calendar year, or,
- a parcel of land is connected to the Town's wastewater, water, or stormwater management services after the Effective Date of annexation, or,
- a landowner requests their land and improvements be taxed in accordance with the Town's rates, or,
- a new parcel of land is created as a result of the subdivision that occurs at the request of, or on behalf of, the landowner.
On the expiry of the 15-year period referred to in 3.1 above, all lands and improvements in the Annexation Territory that continue to be taxed at the County’s rates will convert to those of the Town in the next calendar year after the expiry of the 15-year term.
If, during the 15-year transition period, the County is assessed an education tax requisition on lands in the Annexation Territory for which the Town collects the revenue, the Town will remit the Education Tax collected on the said lands to the County.
Any tax arrears owing to the County prior to the Effective Date of Annexation, with respect to the Annexation Territory, shall be transferred and become payable to the Town. Upon collection, the Town shall remit these funds to the County. The County shall refund any cost incurred by the Town in the recovery of tax arrears with respect to the Annexation Territory.
For a copy of the complete Annexation Agreement, please click here!
Additional Information
The Annexation Agreement
Land within the Annexation Territory will continue to be governed by the County’s Land Use Bylaw in place as of the Effective Date of Annexation until such time as the Council for the Town redesignates the land use of such land.
Following the Effective Date of Annexation, the Town may undertake a process, including appropriate public engagement, to redesignate all or a portion of annexation area “A” as follows:
"Lands may be redesignated to Urban Reserve District (URD) subsequent to this district being amended to better allow uses currently permitted in the County to continue. In keeping with its current stated intent, the amended URD would support rural forms of development and agricultural uses, allow temporary uses, and enable the continuation of existing permitted business operations prior to transitioning to a more urban form through the adoption of an Area Structure Plan, Neighbourhood Outline Plan and/or land use redesignation."
"Lands may be redesignated to facilitate re-development or intensification of development only subsequent to appropriate planning supported by technical studies deemed suitable by the Town, which will be completed at the cost of the landowners or proponents of development."
For a copy of the complete Annexation Agreement, please click here!
Definitions & Supporting Documents
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