TAMRMS#: B06
7.2
REQUEST FOR DECISION
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Bylaw 7/2025 - Land Use Bylaw Text Amendment to Midtown (MID) District (1st, 2nd, and 3rd Readings)
Presented by: Suzanne Ruegg, Planner, Planning & Development Department
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RECOMMENDED MOTION(S)
recommendation
1. That the Public Hearing on Bylaw 7/2025 be closed.
2. The Bylaw 7/2025, being amendment 4 to the Land Use Bylaw, be read a first time.
3. That Bylaw 7/2025, being amendment 4 to the Land Use Bylaw 18/2024, to enact textual changes to the Midtown District, be defeated.
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SUMMARY
The purpose of this report is to bring forward a bylaw to enact the textual amendments to Midtown (MID) District of the Land Use Bylaw 18/2024, as directed by Council on March 4, 2025.
ALIGNMENT TO COUNCIL DIRECTION OR MANDATORY STATUTORY PROVISION
On March 4, 2025, Council passed the following motions:
CM-25-001
That Administration prepare for Council's consideration the following amendments to the Land Use Bylaw 18/2024:
• An amendment to the table in section (26) of the Midtown District to conform equitably to the parking minimums adopted for other land use districts. Specifically, that minimum parking requirements of 1.5 stalls per dwelling unit (townhouse-complex), and 1.0 stall per dwelling unit for any unit less than 5.18 M in width be adopted.
• An amendment to the Midtown District to include the same Site Density Bonus section included in the HDR District.
• An amendment to the table of Permitted and Discretionary Uses within the Midtown District to conform with the Midtown ASP thereby allowing the inclusion of Stacked Townhomes as a discretionary use in Midtown District's Area C.
• That administration schedule the public hearing required of a motion to amend the Land Use Bylaw for the April 1, 2025 St. Albert City Council meeting.
BACKGROUND AND DISCUSSION
As part of the Land Use Bylaw update that was undertaken in 2023 and 2024, consultations with both the public and development industry were held. The landowner, South Riel Development Ltd. of Midtown, requested several amendments which pertained to their development specifically within the Midtown District as part of the Land Use Bylaw update. Administration emailed back on June 13, 2024, stating that these bespoke changes should be initiated by the landowner and not administered through a general bylaw update. The landowner did not apply for any of these changes, as is the standard procedure. Administration provided a response on November 15, 2024, to Council’s Information Request (IR)-24-025 related to amending Midtown District (see attachment IR-24-025). On March 4, 2025, City Council directed Administration to make amendments the Land Use Bylaw 18/2024 as described in CM-25-001, detailed above, for Council’s consideration.
Administration has not reviewed the functionality of the changes requested by Council. Further, as there is no associated planning application, Administration has not consulted with the landowner South Riel Development Ltd., to confirm if the requested amendments align with site development goals.
STAKEHOLDER COMMUNICATIONS OR ENGAGEMENT
Through the standard amendment process, the applicant would have held a public information session, and Administration would have prepared a Cultivate the Conversation project page, through which the public could express their opinions or concerns on the proposed amendments. The timing and direction of this Council request did not enable such engagement to occur.
IMPACTS OF RECOMMENDATION(S)
Administration has not had adequate time to conduct a full technical review of the requested textual amendments. To bring forward this amendment as written has required the dedicated attention of 3 Planning and Development staff, with an approximate total time dedication of 46 hours within a 14-day period. This has meant that the processing of current planning and development permit applications were impacted.
Therefore, Administration recommends that Bylaw 7/2025 for text amendments to the Land Use Bylaw 18/2024 be defeated, and further, that the developer submit a complete Land Use Bylaw application, to be reviewed under due process. The standard process would include both public consultation, and a fulsome technical review of the functionality of the requested amendments.
Financial:
None at this time.
Compliance & Legal:
Following the public hearing, first reading of Bylaw 7/2025 must be completed in order to get the bylaw “on the table” for Council’s consideration. Providing first reading of a bylaw does not indicate agreement with the bylaw, but rather is the process by which the applicant’s bylaw may be put forward in accordance with procedural fairness principles.
Program or Service:
None at this time.
Organizational:
None at this time.
Risks
None at this time.
ALIGNMENT TO PRIORITIES IN COUNCIL’S STRATEGIC PLAN
Initiative aligned with Strategic Plan:
None at this time.
ALIGNMENT TO SERVICE DELIVERY
Not applicable
IMPACTS OF ALTERNATIVES CONSIDERED
If Council does not wish to support the recommendation, the following alternative could be considered:
Alternative 1: To approve Bylaw 7/2025 as presented. The following motions could be used:
1. That the Public Hearing on Bylaw 7/2025 be closed.
2. That Bylaw 7/2025, being amendment 4 to the Land Use Bylaw, be read a first time.
2. The Bylaw 7/2025, being amendment 4 to the Land Use Bylaw, be read a second time.
3. That unanimous consent be given for consideration of third reading of Bylaw 57/2025.
4. That Bylaw 7/2025 be read a third time.
ALTERNATIVE 1:
Financial:
Unknown.
Compliance & Legal:
Following the public hearing, first reading of Bylaw 7/2025 must be completed in order to get the bylaw “on the table” for Council’s consideration. Providing first reading of a bylaw does not indicate agreement with the bylaw, but rather is the process by which the applicant’s bylaw may be put forward in accordance with procedural fairness principles.
The public hearing, as well as first, second, and third readings of Bylaw 7/2025 could occur on the same day. The Municipal Government Act provides that a proposed bylaw must not have more than two readings at a council meeting unless the council members unanimously agree to consider third reading at the same meeting.
If unanimous consent for third reading of Bylaw 7/2025 is not granted on April 1, 2025, after first and second reading, then third reading would be scheduled for the next regular Council meeting on April 15, 2025. During the time between April 1, 2025 and April 15, 2025, Council members will be unable to accept further written or verbal submissions germane to this matter, and will not be able to ask for new, substantive information on the subject matter prior to third reading (MGA, s. 187; Procedure Bylaw, Schedule E, s. 19).
As referenced in IR-24-025, the addition of the Site Density Bonus section, as duplicated from the HDR District, may cause a conflict between the Midtown District of the Land Use Bylaw and the South Riel Area Structure Plan.
Program or Service:
Unknown.
Organizational:
Unknown.
Risks
The amendments proposed have not been reviewed in detail to determine if they can technically function within the context of the Midtown District. Approving the proposed amendments may create conflicting regulations that could make parts of the Midtown District more susceptible to technical and legal challenges.
Attachments:
Attachment 1 - Bylaw 7/2025 - Text Amendments to LUB 18/2024 Midtown District
Attachment 2 - Midtown District - Redline
Attachment 3 - Previously Distributed Information
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Report Date: April 1, 2025
Author(s): Suzanne Ruegg, Planner
Department: Planning & Development
Department Director: Kristina Peter
Managing Director: Adryan Slaght
Chief Administrative Officer: William Fletcher