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Community Leagues Challenge Zoning Bylaw Enforcement

EFCL, on behalf of community leagues across the city, is trying to create a dialogue with Edmonton Planning and Development to address the rising public concern about the frequency of Zoning Bylaw infractions and the inadequacy of municipal enforcement.

On November 8, 2007, noting the chorus of citizens’ and community leagues’ complaints about poor enforcement of zoning regulations and development permits, EFCL’s Board of Directors took the concern directly to City Hall.  In a letter to the General Manager of Planning and Development, EFCL President Shane Bergdahl cited insufficient municipal resources and over-reliance on a complaint driven process as conditions that, if left unchanged, will substantially undermine public confidence in Edmonton’s entire neighbourhood planning and development system and may even put community stability at risk.

Status – The Conversation Starts

On March 5, Jeff Price, Director of Permitting and Licensing for Edmonton Planning and Development, contacted EFCL to begin talking about the concern.  Mr. Price stated he intends to meet with EFCL and some development sector organizations to discuss solutions, but first wants to develop a few proposals.  EFCL suggested meeting earlier, to clarify the issues before building solutions, and suggested some meetings be held with development sector representatives and community league leaders together, to promote awareness and understanding of different perspectives.  The City has not yet set a schedule for meetings and discussions.

Strathcona Centre Takes Action to a Higher Level

On March 18, 2008, the Strathcona Centre Community League took the matter directly to the government of Alberta, registering an official complaint and requesting the Minister to intervene.  Acting independently but with encouragement and help from many like-minded neighbourhood leaders, the Community League’s Planning Committee put together a comprehensive fact-based compilation of their own experiences and those of their neighbours.  Citing real examples and stories of residents’ frustrations, the document is a well organized and compelling case.

Strathcona's document

Click for Document Online

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Secondary Suites Zoning

November 27, 2007

Mayor Stephen Mandel and members of City Council,
2nd Floor, City Hall,
1 Sir Winston Churchill Square NW,
Edmonton, Alberta

Mayor Mandel and Councillors,

The Edmonton Federation of Community Leagues has been following with considerable interest the progress of City initiatives to ease zoning regulations for secondary suites.  You may already know that EFCL was at the forefront of this initiative when, in October 2003, the member community leagues across Edmonton voted to support the removal of location-based limitations in low density Residential Zones.  This was viewed as a reasonable approach to expanding opportunities in our neighbourhoods for lower cost housing while supporting the principles of home ownership and sustained community character.  However, EFCL is increasingly concerned that the degree of change now being promoted by the City Administration far exceeds a necessary and reasonable approach.

At their last regular meeting, the EFCL Board of Directors approved two positions regarding secondary suites regulation on the recommendation of the EFCL Planning & Development Committee.

The first position is that secondary suites should remain predominantly as “discretionary” options rather than “permitted” as-of-right.  This is consistent with EFCL’s longstanding position that opportunities for secondary suites should indeed be expanded, provided safeguards remain in place to allow for reconsideration if deemed intrusive or incompatible with unique local circumstances.  Denying the Development Officer the power to evaluate the appropriateness of converting a single family dwelling to a two family dwelling in the context of its neighbourhood and community character is contrary to EFCL’s longstanding support.

The second position is that secondary suites should occur in owner occupied premises.  Residency by the owner of the single family house in which a secondary suite exists would contribute to responsible property and community stewardship and ensure that one of the initiative’s primary rationales (i.e.  to enable home buyers to temporarily offset mortgage costs) is respected, while reducing the potential for conversions by absentee owners of single family homes to two rental units solely for speculative or revenue generation purposes.  EFCL notes that the legal precedent for such a requirement already exists in other Canadian municipalities.

The Edmonton Federation of Community Leagues submits these two positions to you, in concert with our original support of 2003, in the hope that the transition to more open and positive regulation of secondary suites will occur and be managed in a reasonable, thoughtful and thoroughly understood manner.  EFCL is not convinced at this time that the recent proposals by the Administration reflect those attributes or the long term interests of the many communities where the impacts will be felt. 

As I have stated, Edmonton’s community leagues have for many years supported the easing of zoning regulations for secondary suites, and I want to reassure you that EFCL is aware of the need for and advantages of doing so.  We regret that the City has not actively sought our assistance and support in achieving that goal.  Our concern at this time is that the achievement of objectives for this particular form of housing should not come at the cost of objectives for community development and a well managed transition for affordable housing in general. 

Sincerely,

Shane Bergdahl,
President EFCL

Copy:   Al Maurer, City Manager.
Gary Klassen, General Manager, Planning and Development Department.

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City’s Enforcement of the Edmonton Zoning Bylaw

November 27, 2007

Gary Klassen, ACP MCIP
General Manager
City of Edmonton Planning and Development Department
5th Floor, Allstream Tower
10250 – 101 Street
Edmonton,  Alberta.

Dear Mr. Klassen,

The matter of the City’s enforcement of the Edmonton Zoning Bylaw was raised at the last meeting of the Board of Directors for the Edmonton Federation of Community Leagues.  The direction of the Board at that time was to inform you of EFCL’s concern regarding this matter.

EFCL is aware that the issue of inadequate or poorly executed enforcement of zoning regulations and development permit conditions by the City of Edmonton is being increasingly raised by citizens and our member community leagues.  Concerns relate to a variety of aspects, but notably focus on insufficient municipal resources to adequately perform that duty and the practice of a “complaint driven” process, whereby the City relies almost exclusively on neighbours to identify and report infractions which, all too often, they are not sufficiently knowledgeable about.  Another aspect is the frequent practice of approving “leave as built” permits to circumvent uncovered infractions.  Such practices place additional stress on community residents and affected third parties.

The lack of oversight and extensive delays in identifying infractions and having them corrected mean that development which falls below the standards of urban form and development established by City Council through our municipal government process is frequently allowed to remain.  This in turn undermines the public’s trust and confidence in the City’s commitment and willingness to ensure that development is sensitive and appropriate to its setting and intent.

Trust and confidence in the City’s development standards is essential to the successful implementation of such initiatives as urban intensification and Smart Choices and the building of stable strong communities. More resources and better practices are needed to engender public and development sector respect for and faith in the City’s commitment to quality urban redevelopment and sensitive community revitalization.

EFCL encourages you to take appropriate action to address this serious public concern.

Yours sincerely,

Shane Bergdahl,
President EFCL

Copy: Mayor Mandel and Councillors
Al Maurer, City Manager

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City of Edmonton Oil and Gas Facilities Policy Review Project

November 27, 2007

Gary Klassen, ACP MCIP
General Manager
City of Edmonton Planning and Development Department
5th Floor, Allstream Tower
10250 – 101 Street
Edmonton, Alberta

Dear Mr. Klassen,

Subject: City of Edmonton Oil and Gas Facilities Policy Review Project

At the last regular meeting of the Board of Directors of the Edmonton Federation of Community Leagues, the Board considered and approved two recommendations submitted by the EFCL Planning and Development Committee.  The recommendations are derived from EFCL’s participation as a member of the Stakeholders Advisory Group on the Edmonton Oil and Gas Facilities Policy Review project.

I wish to begin by stating how much EFCL appreciates the consultative approach by which the many stakeholder and interest groups were involved in reviewing and shaping the City’s policies, regulations and practices related to the topic at issue.  The engagement of multiple stakeholders in this collaborative way contributed to all parties, including the City Administration, having a better understanding of the issues, a clear awareness of the concerns and interests of other affected parties and a shared commitment to reaching practical and mutually respected conclusions in a timely manner.  EFCL encourages you to follow this effective and efficient model for similar policy and practice review projects in the future.

Two issues addressed by the advisory group included a potential reduction in City standards from Energy & Utilities Board standards for housing in proximity to oil and gas facilities, and the value of ensuring potential buyers of homes in such areas are aware before they make their investments.

Regarding the first of those issues, EFCL recommends the City of Edmonton update its policy and apply at least the minimum EUB setback standards to all urban development.  Setbacks should be measured from property lines, including those of public facilities and permanent dwellings.  Required setbacks should be enforced through appropriate levels of planning and regulatory processes, and penalties for non-compliance should be developed and applied.

The EUB has standards related to such planning and development factors as separation distances between oil and gas facilities (over which the EUB has authority) and houses and public institutions (over which the City has authority).  Past City practice has been to allow reductions in the distances in some instances notwithstanding the EUB standards.  This results in inconsistency among neighbourhoods and among municipalities.  Uniformity of standards ensures all Edmonton residents have the same levels of treatment and assurances across the city and reflects established standards of safety and compatibility as determined by the authority charged with administering those activities in Alberta.

Regarding the second of those issues, EFCL recommends that the City make it a requirement of developers and home builders to display up-to-date information about oil and gas activities, including locations, in show homes for those neighbourhoods where oil and gas facilities exist.

There is often little information available to potential purchasers of homes near oil and gas facilities or as-yet-undeveloped facilities when they consider making one of the most significant investments of their lives.  Awareness through original sales will not only help consumers make considered decisions but also help them to be aware of the nature and proximity of oil and gas facilities and of the related safety and compatibility measures undertaken to integrate them in the neighbourhood.

EFCL encourages you to incorporate the above recommendations in the Department’s final proposal to City Council regarding updated policies, regulations and procedures to successfully accommodate petroleum resources activities in Edmonton’s newly developing communities. 

Once again, thank you for involving EFCL and affected community leagues in this study.

Sincerely,

Shane Bergdahl
President EFCL

Copies: Mayor Mandel and Councillors
Al Maurer, City Manager
Heather McRae, Director of Corporate Planning & Policy, Planning & Development

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Premier Ed Stelmach
Province of Alberta

Nov. 22, 2007.

Dear Premier Stelmach:

I want to convey to you concerns our organization has about the way the Edmonton region functions and the need we see for provincial action.

As you may know, our organization represents 150 community leagues, who in turn boast nearly 40,000 members across the City of Edmonton.  We are heavily involved in planning issues and the provision of recreational programs.  We have worked very closely with the City of Edmonton throughout our 86-year history.  And we have been concerned for some time about the manner in which Edmonton is forced to pick up costs for the region without revenues to match.

This includes everything from recreation facilities - including major attractions - where city taxpayers help finance the operation of buildings used by people throughout the region, to police services, social services, health services and perhaps the most expensive of all, our road network

Just take a look at all of the traffic entering the city each morning and leaving each evening on roads like St. Albert Trail, Manning Drive, Sherwood Park Freeway or Calgary Trail/Gateway Boulevard.   All of these roads incur heavy maintenance costs and are crying out for new interchanges or extra lanes.  Yet is it the commuters from surrounding municipalities who have to foot the bill?  Of course not, it’s the taxpayers of Edmonton.

I’m sure you are well aware of the issue – it’s happening on so many fronts.

The frustrating part is that this has being going on for so long, to the point where we believe it is really affecting the financial health of our capital city.

As an organization that works very closely with the City of Edmonton, we see these issues affecting the city’s ability to deal with many pressing concerns, including those involving our organization.  Hence, our board at its last meeting decided it was time we spoke up.

We believe it is time the province stepped in and changed a number of the rules governing the operation of the region.  Put simply, if Edmonton is going to pay for regional services, it needs the ability to raise revenues from the region.

We fully recognize that this will demand some legislative changes, which only the province is capable of providing.

So that is why we are writing to you.

We believe the time has come – in fact it is long overdue – for the province to step in and change the way municipal government works in the Edmonton region.  If this means a new regional governance structure – we leave that decision up to you.  Regardless, we believe it is time the rules of the game were changed and changed dramatically so our capital city no longer buckles under the weight of regional service delivery.

We also think such a change would also be very healthy for groups like ours who welcome the opportunity to work more closely with similar organizations in the Edmonton area.

In conclusion, we want to acknowledge the work of many people in the City of Edmonton and surrounding municipalities who have attempted to address this issue and continue to work on it in the latest round of regional negotiations.

However, they are largely hamstrung.  It is the province that sets the rules for municipalities in Alberta.  And it is the province which must change them if the Edmonton is ever to going to function effectively.

Thank you very much for taking the time to consider our position.

We would welcome an opportunity to discuss it at more length if you like.

Sincerely yours,

Shane Bergdahl
President
Edmonton Federation of Community Leagues

cc.
Municipal Affairs Minister, Ray Danyluk
Mayor Stephen Mandel
Edmonton City Councillors
City Manager, Al Maurer
Regional Development Manager, Janet Riopel
Edmonton News Media

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Mayor Stephen Mandel
Edmonton City Councillors

Nov. 16, 2007

We want you to know that the EFCL fully supports your efforts to improve the way in which municipalities function in the Edmonton area.

As you can see from our letter to Premier Ed Stelmach, we recognize the fact that Edmonton is picking up the tab for a host of services that it supplies to residents of the region.  This is not fair to Edmonton taxpayers and we recognize that the city is beginning to labor under the weight of this financial burden. 

We also recognize, as you do, that this situation has continued for far too long and is continuing to get worse instead of better.

It is also clear to us that the province needs to address this matter, recognizing that they set the rules that govern municipalities and only they can change them.  They set municipal boundaries, they set the rules around taxation – they even talk about provincial toll roads – maybe they could look at one or two here.

Our board was unanimous about raising this issue at its Nov. 8 meeting.

Please let us know if there is any other way we can be of assistance.

Sincerely yours,

Shane Bergdahl
President
Edmonton Federation of Community Leagues

cc. Edmonton News Media

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Community Services Committee
Edmonton City Council

November 16, 2007

Dear Members of the Community Services Committee:

It is our pleasure to provide some brief comments on the Outdoor Aquatics Strategy, which is scheduled for discussion at your meeting on Monday, November, 19.

This is a report which we have followed with some interest, given its potential impact on the development of recreation facilities in Edmonton for many years to come.

As you know, our entire focus at the EFCL is on the development of healthy, vibrant neighborhoods.  Hence, we are pleased to see the recommendation that the city will work to expand its network of neighborhood aquatic facilities in Edmonton.

In most cases, this translates into the development of a spray deck or spray park, which we are finding to be an attractive and cost-effective addition to the facilities offered by many community leagues.  These facilities are safe, easy-to-operate and appeal to youth ranging in age from toddlers to teenagers.  Check out any one of them on a hot summer day and you will quickly see and hear how popular they have become – children seem to come out of the woodwork when water is around and their shouts and laughter can be heard blocks away.

Development of these kinds of facilities is also what helps bind a community, as they become natural gathering places and hence provide a good opportunity for children and families to get to know one another.  They also require relatively little supervision, as there is no standing water to worry about and the sprinklers shut off automatically when no one is using them.

Planning and developing new facilities like spray decks is where community leagues excel.  Neighbors are quick to come together when the task at hand is focused and meaningful and this kind of facility fits the bill.

Naturally, development of these kinds of facilities don’t come cheap.  Hence, we are pleased to see that city staff are recommending an increase to the Neighborhood Park Development Grant program to help cover the cost of these projects.  If we have one request, it would be to ask the administration to sit down with us straight away so we can jointly come up with an appropriate level of funding.

In conclusion, we want to emphasize that the demand is significant for water features, such as spray decks and spray parks in our city.  As you know, many of our new suburban neighborhoods have no amenities whatsoever and would quickly welcome this kind of feature.  Similarly, many of our older neighborhoods are looking to refurbish their facilities and there’s no better way to lay down the welcome mat for new families than to construct a new playground and/or water park.

Please put us down as in favor of the new aquatics strategy, particularly as it relates to the development of neighborhood-based facilities.

Thank you very much for your attention to this letter.

Sincerely yours,

Shane Bergdahl
President
Edmonton Federation of Community Leagues

cc. Members of Edmonton City Council
Linda Cochrane, General Manager, Community Services
Rob Smyth, Manager, Strategic Services

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Mayor Stephen Mandel
City Councillors

City of Edmonton

Nov. 16, 2007

Dear Members of Council,

I am writing today about the city’s First Time Homebuyer Program and an approach we think would make this program a win-win-win situation for the city, the first-time homebuyers and each of the neighborhoods that host one of these projects.

As you may recall, we have said from the outset that this is a most worthwhile program, designed to provide quality housing to people who are priced out of today’s housing market.  On that front, city council is to be congratulated for its initiative.

However, we also recognize that this program has been quite controversial and does represent an unwelcome change for some residents of each host neighborhood.

Whichever way you slice it, the introduction of these housing units does represent a loss of green space for each of these communities and it also ends all hope for a neighborhood school.  Granted, many of these schools may never have been built, but the change in designation to housing finalizes that decision and that is particularly disappointing for the people who purposely chose to buy a lot near the future school (some even paid a premium for these locations).

With all of this in mind, we can understand why some residents are opposing these projects and why some of our member leagues are even talking about doing whatever they can to block the development of a First Time Housing Project in their own neighborhood.

This leads us to believe that is time to change the focus, to switch much of the attention from the housing project to the parkland next to each of these sites.

You are probably aware that most of these park sites sit vacant, with very little in the way of positive amenities for the surrounding community.  This is in direct contrast to the way these parks were planned.   Given their central location, they were to be the focal point or public gathering space for the neighborhood.  Yet, without enhancements, most sit empty and rarely used.

Hence, we see the introduction of a First Time Home Buyers project as the ideal opportunity to kick start development of the surrounding parkland.

To help envision what we have in mind, please reflect for a moment on the wonderful park site  in Lorelei/Beaumaris (Castle Downs), which as you know was recently kick-started with funds gained from the development of two surplus school sites.

In this case, the City of Edmonton provided Lorelei/Beaumaris with $590,000 to help cover the cost of developing the adjacent park.  The community league used these funds, along with some of its own funds and provincial money to commission a $1.1 million park development project, that now features a playground, a basketball court, four soccer fields, lit walking and biking trails, picnic tables, benches, a ball diamond and a large hill for tobogganing and mountain biking – the only facility of its kind in north Edmonton.

This project quickly became the focus of the league’s attention (as opposed to the school site redevelopment) and has proven to be hugely popular with community residents.

We think the city should employ the same approach with its First Time Home Buyer program.

With this in mind, I am pleased to report that our board was unanimous in its support of the following motion at its last meeting.

Recommendation: That the City of Edmonton provide $500,000 in park development funds to each community league that hosts a First Time Home Buyers site.

Not only would these funds make the make the purchase of the nearby affordable housing units more attractive, but the community would be left with a significant amenity, thanks to the arrival of this program in their area.

As we said at the outset, we think this change could turn the program into a win for the city, a win for the First Time Homebuyer Program and a win for the host community.

Thank you very much for taking the time to consider our proposal.

We would welcome an opportunity to discuss it in more detail.

Sincerely yours,

Shane Bergdahl
President
Edmonton Federation of Community Leagues

cc. Linda Cochrane, General Manager, Community Services
Debi Anderson, Acting Director, Community Building South, Community Services
Terry Loat, Manager of Housing Branch, Asset Management and Public Works

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