TAMRMS#: B06
9.3
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Bylaw 5/2022 Neighbourhood Plan Bylaw (1st, 2nd & 3rd readings)
Presented by: Sajid Sifat, Planner & Lyndsay Francis, Senior Planner, Planning and Development Department
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RECOMMENDED MOTIONS
recommendation
1. That Bylaw 5/2022, a bylaw to provide for Neighbourhood Plans, be read a first time.
2. That Bylaw 5/2022 be read a second time.
3. That unanimous consent be given for third reading of Bylaw 5/2022.
4. That Bylaw 5/2022 be read a third time.
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PURPOSE OF REPORT
This report presents proposed Bylaw 5/2022 the Neighbourhood Plan (NP) Bylaw (Attachment 1) to introduce a two-tier plan process as an update to the planning framework. If the bylaw is passed, the NP would fit into the overall planning framework as a secondary plan which provides technical direction in alignment with an Area Structure Plan (ASP), informing re-districting, subdivision and development permit applications. Bylaw 5/2022 designates the Director of Planning & Development as the approval authority for Neighbourhood Plans.
ALIGNMENT TO PRIORITIES IN COUNCIL’S STRATEGIC PLAN
Strategic Priority #2: Economic Development: Enhance business/commercial growth.
• Develop and recommend Green Tape 2.0 initiatives to enable increased growth, investment, and commerce in St. Albert focusing on a strong collaborative model.
ALIGNMENT TO LEVELS OF SERVICE DELIVERY
Current Planning Application Processing: Processing and coordination of the approval of statutory plans and amendments, subdivision and condominiums applications.
ALIGNMENT TO COUNCIL DIRECTION OR MANDATORY STATUTORY PROVISION
N/A
BACKGROUND AND DISCUSSION
In response to a request from the Urban Development Institute (UDI) and as part of the City’s Green Tape 2.0 initiative, City Planning staff have undertaken a review of the City’s existing planning framework. Based on that review, Administration proposes a change to the existing ASP approval process in order to streamline and implement process improvements.
The proposed new two-tier plan process will reduce costs and staffing for the City in the long term. Minor amendments under the new process can be approved by the Director (or by a Planner to whom the Director delegates that task) hence saving application processing timelines and staff time for the City. The new process is one of the major initiatives to implement policies of Flourish the new Municipal Development Plan (MDP) and will promote integrated network land-use and infrastructure planning.
After completing background research and regional comparison, Administration has redesigned the planning framework to include a two-tier plan process (Attachment 3). The rationale for this change is an attempt to reduce overall approval timelines, reduce overall costs and delays to the development industry, reduce staff time to administer, reduce local planning matter referrals to the Edmonton Metropolitan Region Board, and enable better overall alignment of Council’s strategic goals and policy initiatives (such as Flourish). The research found that several municipalities in the region and the province already use a two-tier plan process.
The actual names of two tier processes, their governance structure, level of detail, and scale varies across the region. For example, in the City of Edmonton, City of Fort Saskatchewan, City of Beaumont, and Parkland County the upper-tier plans are called "Area Structure Plans" (ASP). Strathcona County calls its upper-tier plan "Area Concept Plan" and lower-tier plan "Area Structure Plan". The City of Fort Saskatchewan and Parkland County call their lower-tier plans "Outline Plans" and "Conceptual Schemes", respectively. The City of Edmonton and City of Beaumont both call their lower-tier plan - "Neighbourhood Structure Plan". The level of detail captured in each tier of the plan also varies based on the policy framework of each municipality.
For St. Albert’s purposes, the City of Fort Saskatchewan and Parkland County’s processes best addressed the City’s scope of the project, with their lower-tier plans informing the technical details of the development. In both of these municipalities, the upper-tier policy (ASP) is approved by Council and the technical plan (NP) is approved by the Director of Planning and Development. In other municipalities, both the upper tier and the second-tier plans are approved by Council. Administration believes that having the second-tier technical document approved by Council would increase approval timelines and as such, it would be less efficient. It would also invite Council to become involved in details that are really not at the policy level, as an ASP is intended to be. Therefore Administration is not recommending that the NP be approved by Council.
The proposed two-tier plan process reduces approval timelines by separating the existing single-tier plan process into two separate documents, the ASP and NP. The statutory ASP will encompass the Municipal Government Act requirements and will require Edmonton Metropolitan Regional Board (EMRB) and Council approval. Timelines to address changes to the ASP range between 6 months to 1 year (or greater). The NP will address only local planning matters with no regional implications, so does not require EMRB approval. In addition, NP changes that are minor in nature and conform to the ASP can be approved at the staff level. Since the NP will not go to Council for approval, this will reduce staff time and workload, while expediting the approval process for the land development industry. Estimated timelines for the NP approval are expected to range from 3 to 6 months. These NP changes would be approved by the Director of Planning and Development, as the NP is a technical and non-statutory document. Due to the technical nature of the NP, the Director of Planning and Development is the appropriate approval authority for this document. Please see the detailed chart containing the difference between the ASP and NP in Attachment 4.
New Process
The proposed two-tier plan process is one of the implementation tools for the new Municipal Development Plan (MDP) - Flourish. This allows for the ASP as the upper-tier plan to be a policy-based plan which will further refine MDP policies to guide the NP. The NP is the detailed technical document that will guide decisions by Council on re-districting applications and decisions by the Director and development officers on applications for subdivisions and development permits.
In the proposed two-tier plan process the ASP captures high-level land uses, as well as the transportation and servicing network. The ASP is intended to cover larger areas and may include multiple Neighbourhood Plans (NP) within it. The ASP is designed to improve network planning, consider the impacts on the Region and the City, and provide direction regarding land development. Council approval will continue to be required for MDP amendments, ASP approvals and amendments, and Land Use Bylaw redistricting approvals (Attachment 3).
The NP captures neighbourhood levels of detail pertaining to land use designations, density, transportation, and servicing network. Through the new planning framework, all Neighbourhood Plans must conform to the corresponding ASP as approved by Council. As an administrative and technical document, the NP will inform re-districting and subdivision & development permit applications, and is approved by the Director of Planning.
The proposed two-tier plan process applies to the newly annexed areas as shown in Attachment 2 (areas shown in light grey) and existing undeveloped areas of the city. Attachment 3 shows the change in the planning framework due to the addition of the NP under the ASP. The North-East ASP and NP is an example of an ASP/NP currently under development as shown in Attachment 5.
The planning framework change is documented in a new ASP Terms of Reference. The ASP Term of Reference is utilized by the land development industry and City administration and outlines the criteria for Area Structure Plan applications. This document will be available on the City’s website to guide ASP and NP applications.
Approval Authority
Development within the City of St. Albert must conform to the Edmonton Metropolitan Region Growth Plan. The ASP continues to be a Council and Edmonton Metropolitan Region Board (EMRB) approved statutory plan, as per requirements of the Municipal Government Act (MGA). This process change does not affect EMRB approvals required for ASP approvals, however the NP would not be submitted to the EMRB for approval.
As proposed by the two-tier plan process, Bylaw 5/2022 allows the Director of Planning to make decisions on Neighbourhood Plans. The NP will be reviewed and approved based on conformity to the ASP. Any proposed NP or NP amendment that does not conform to the ASP will require an ASP amendment through a Council approval.
Bylaw 5/2022 - Neighbourhood Plan Bylaw
As proposed by the two-tier plan process, Bylaw 5/2022 will allow the Director of Planning to make decisions on neighbourhood plans. The NP plan will be reviewed and approved based on conformity to the ASP. Any proposed NP or NP amendment that does not conform to the ASP will require an ASP amendment through a Council approval.
Bylaw 5/2022 allows a review process of an approved Neighbourhood Plan or amendment to a Neighbourhood Plan by the Chief Administrative Officer (CAO), after a decision on the NP has been rendered by the Director of Planning and Development. The CAO in reviewing the decision shall accept written submissions from the Director and the applicant. The CAO may make revisions to the Neighbourhood Plan as the CAO may deem appropriate or leave the plan unchanged.
Edmonton Metropolitan Region Growth Plan
Development within the City of St. Albert must conform to the Growth Plan of the Edmonton Metropolitan Region Growth Plan (EMRB). This process change does not affect EMRB approvals required for ASP approvals, however the NP would not be submitted to the EMRB for approval.
STAKEHOLDER COMMUNICATIONS OR ENGAGEMENT
Multiple internal and external engagements were held as part formulating the new ASP and NP process. Engagement sessions were held with UDI in 2020 and 2021 as part of the engagement process, and written comments were provided by UDI as feedback to the change in process. Below is a summary of some of the major comments and how these have been addressed.
IMPLICATIONS OF RECOMMENDED MOTIONS
Financial:
None at this time.
Legal / Risk:
None at this time.
Program or Service:
Administration is currently processing two ASP/NP applications subject to the proposed two-tier plan process, within St. Albert West and St. Albert Northeast. If this bylaw is not approved, developer and City projects could be negatively impacted.
Organizational:
None at this time.
ALTERNATIVES AND IMPLICATIONS CONSIDERED
If Council is opposed to the proposed bylaw, they can vote to defeat the bylaw. An implication of defeating the proposed bylaw would be that the two ASP/NP applications (St. Albert West, St. Albert Northeast) would be delayed. Other than that, defeating the proposed bylaw would result in the status quo planning process being continued for all future applications for statutory plans or subdivision or development approvals.
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Report Date: April 19, 2022
Authors: Sajid Sifat & Lyndsay Francis
Department: Planning & Development Department
Director: Adryan Slaght
Deputy Chief Administrative Officer (Interim): Diane Enger
Chief Administrative Officer (Interim): Kerry Hilts