TAMRMS#: B06
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Bylaw 6/2019 - Municipal Development Plan Amendment (First Reading)
Bylaw 7/2019 - Erin Ridge North Area Structure Plan Amendment - Possible Development Area (First Reading)
Bylaw 8/2019 - Land Use Bylaw Schedule A Amendment (First Reading)
Presented by: Lenore Mitchell, Senior Planner
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RECOMMENDATION(S)
recommendation
Bylaw 6/2019 Municipal Development Plan Amendment
That Bylaw 6/2019, being amendment 20 to the Municipal Development Plan 15/2007, be read a first time.
Bylaw 7/2019 Erin Ridge North Area Structure Plan Amendment
That Bylaw 7/2019, being amendment 9 to Erin Ridge North Area Structure Plan 33/2009, be read a first time.
Bylaw 8/2019 Land Use Bylaw Schedule A Amendment
That Bylaw 8/2019, being amendment 166 to the Land Use Bylaw 9/2005, be read a first time.
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PURPOSE OF REPORT
This report discusses proposed amendments to the Municipal Development Plan, the Erin Ridge North Area Structure Plan for an area shown as “possible development area”, and the Land Use Bylaw Schedule A. All three amendments require a public hearing and Council’s approval as per the requirements in the Municipal Government Act (MGA).
ALIGNMENT TO PRIORITIES IN COUNCIL’S STRATEGIC PLAN
N/A
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
The MGA requires the subject matter of this report to go to Council.
The MGA, Planning Bylaws, Section 692(1) states:
Before giving second reading to
(b) a proposed bylaw to adopt a municipal development plan,
(c) a proposed bylaw to adopt an area structure plan,
(d) a proposed bylaw to adopt land use bylaw
(e) a proposed bylaw amending a statutory plan or land use bylaw referred to in clauses (a) to (e),
a council must hold a public hearing with respect to the proposed bylaw in accordance with section 230 after giving notice of it in accordance with section 606.
BACKGROUND AND DISCUSSION
WSP on behalf of the landowner, Landrex Hunter Ridge Inc., submitted an application that included:
• Reducing the amount of commercial land designation as shown on Map 2 of the Municipal Development Plan.
• Adding land use designations to 36.4 hectares± (89.9 acres±) of land, for lands within the Erin Ridge North Area Structure Plan (ASP) Phase 2, shown as “possible development area”.
• Districting a portion of the lands shown in the Erin Ridge North ASP as “possible development area”, from Urban Reserve District to commercial, park, and residential districts in the Land Use Bylaw, Schedule A.
The legal description is Part of SW ¼, Section 21, Township 54, Range 25, Meridian 4 with municipal address of 3, 54307 Hwy 2 and Descriptive Plan 172 0353, Block 1, Lot 1 with municipal address 29 Evermore Crescent. These lands are located north of Neil Ross Road and north of the 19.5 hectares (48.2 acres±) of the land approved by Bylaw 6/2014. A portion of the lands are adjacent to St. Albert Trail and the north boundary with Sturgeon County.
Bylaw 6/2019 Municipal Development Plan Amendment
PROPOSED MDP AMENDMENT
Landrex Hunter Ridge Inc. proposes a reduction in commercial area, in the north portion of Erin Ridge North Phase 2. The proposal is to change 3.37 hectares± (8.33 acres±) of commercial to residential designation within the area shown as “possible development area”. This proposed change results in a total of 16.36 gross hectares± (40.43 acres±) of commercial designated land in the MDP. The proposed change from commercial to residential designation includes roadway, park, low density residential, and high density residential. Please refer to the attached MDP Map 2 Bylaw 6/2019 and the attached Close-up MDP amendment area.
MUNICIPAL DEVELOPMENT PLAN (MDP) POLICIES
MDP Policy 3.1 identifies that Map 2, Future Land Use, illustrates the desired future growth and development for St. Albert. Policies 4.1 and 7.1 indicate residential and commercial development shall be located in accordance with Map 2 of the MDP.
On Map 2, Future Land Use, of the MDP, Phase 2 of Erin Ridge North is shown with two land use designations: commercial and residential. The commercial designation is adjacent to St. Albert Trail, with the residential designation on the east portion of the site.
MDP Policy 7.9, Redistricting of Commercially Designated Lands to Other Land Uses, indicates a list must be provided of lands that are districted, but are vacant commercial uses, and to identify potential sites that could be commercial.
There are 16 vacant commercial sites in St. Albert with a total area of 26.5 hectares± (65.5 acres±) of serviced and districted commercial land. Please refer to the attached Vacant Commercial Map. There are two (2) potential un-serviced un-subdivided commercial locations with an area of 16.5 hectares± (40.7 acres±). Please refer to the attached MDP 2007, 130 HA Commercial.
• Jensen Lakes - 4.0 hectares± (9.8 acres±)
• Range Road 260 - 12.5 hectares± (30.9 acres±) comprising of 11.65 hectares± (28.8 acres±) of commercial business park and 0.83 hectares± (2.1 acres±) of commercial.
The 2007 annexation submission identified 130 hectares (321 acres) of commercial land along St. Albert Trail. This amount of commercial land requirement was based on numbers from about 2001. The formula used was 7.7 m2 per capita (anticipated population) and assumed a 25% land coverage. It also assumed 30 hectares of undeveloped commercial land was still available within the pre-annexation boundaries. The entire 130 ha was put along St. Albert Trail, with 80 hectares on the west side and 50 hectares on the east side of St. Albert Trail, when the MDP was amended in 2007. Please refer to the attached MDP 2007, 130 HA Commercial.
Based on the 2018 census, the population for St. Albert is 66,082, and using the formula of 7.7 m² per capita, the City would need 508,831 m² (50.9 hectares) of commercial floor area. Based on 2017 assessment, there are 411,293 m² (41.1 hectares) of developed commercial floor area. This means 97,538 m² (9.6 hectares) of commercial is still needed. Considering the remaining 80 hectares on the west side of St. Albert Trail, 16.5 hectares from the two (2) un-serviced un-subdivided locations, 26.5 hectares of serviced lands, and the 16.3 hectares of land in Erin Ridge North Phase 2; there is 139.3 hectares of gross commercial land still to be developed. With 25% commercial lot coverage, this would result in 34.8 hectares (348,250 m²) of potential developed commercial floor area. This exceeds the expected needed developable commercial floor area by 250,712 m² (25.1 hectares), based on the current population of St. Albert.
With additional residential development and expected population growth to 100,000 in about 25 years, which is a 33,918 person increase in population from 2018, multiplied by the 7.7 m² per capita, 237,426 m² (23.7 hectares) of commercial floor area would be needed. Based on this projected buildout to 100,000, there will be a 13,286 m² (1.3 hectares) of commercial floor area in excess of the potential need.
RATIONALE FOR MDP AMENDMENT
The applicant’s rationale for the MDP amendment to reduce the commercial area is because there are few big box retailers left to attract to St. Albert, and they are concerned with slow absorption rate for a large commercial site. The amendment is changing the depth of the commercial strip along St. Albert Trail, but still retaining commercial use parallel to the Trail. Please refer to the attached MDP Map with Areas of Change.
Landrex Hunter Ridge Inc. has had an interest to reduce the amount of commercial land within the Erin Ridge North Phase 2 since the first time the application on Erin Ridge North Phase 2 went to Council in 2014. The request at that time was 11.4 hectares (28.2 acres) from commercial designation to residential designation as per Bylaw 4/2014. However, there were issues with the wetland/drainage pond that needed to be considered, so the full request to reduce commercial designation in the MDP did not proceed, and a smaller area of commercial reduction was approved in October 5, 2015.
The gross area of commercial in the MDP, for the area where Erin Ridge North Phase 2 is located, was approximately 25.1 hectares (62.02 acres±), prior to the approved Bylaw 4/2014. Gross area is shown as just commercial; however, once development occurs land is used for roadways, public utility lots (PUL), lift station, and parks. Following the approval of Bylaw 4/2014, which reduced the commercial area by 4.37 hectares± (10.79 acres±), the removal of a portion of Neil Ross Road by 1.0 hectares± (2.47 acres±), and the proposed reduction in gross commercial of 3.37 hectares± (8.23 acres±), the remaining gross commercial area is 16.36 hectares± (40.42 acres±).
The commercial corridor width along St. Albert Trail is not of consistent depth. The depths range from 50 metres to 300 metres (164 feet to 984 feet). At the Erin Ridge North Phase 2, the proposed depths within the MDP has a range from 130 metres to 302 metres (426 feet to 900 feet). Please refer to attached Commercial Lot Depths St. Albert Trail.
When considering land for commercial uses, efficient use of land and the type of development determines the intensity or amount of commercial use. In addition, a range of factors can affect the assessment values including single-storey big box development vs multi-storey office projects, parking structure vs surface parking, quality of construction, finishing, location, and overall market conditions at the time of development.
The applicant completed a Fiscal Impact Assessment (FIA) for the whole of Erin Ridge North Phase 2. The lands in Erin Ridge North Phase 2 have 17.3% of the lands as non-residential development, with a taxable assessment at $84.8 million for non-residential. The FIA indicates that Property Tax Revenues for Non-Residential development within Erin Ridge North Phase 2 provide 23.5% of the tax revenues for 17.3% of the total land area. Please refer to the FIA Summary Table 7, January 2018.
The FIA completed in October 2013 that was needed for Bylaw 4/2014, had a comparison for keeping all the land as commercial, and removing some of land for residential. The net gain difference was $34,948 per year that is lost by not developing the lands as commercial. Please refer to FIA Summary Table 8, October 2013.
Bylaw 7/2019 Erin Ridge North Area Structure Plan Amendment
PROPOSED ASP AMENDMENT
The Erin Ridge North Area Structure Plan (ASP) Phase 2 has an area of 55.9 hectares± (138.12 acres±). Erin Ridge North ASP Phase 2 amendment, for the south-west corner with an area of 19.5 hectares± (48.2 acres±) was approved by Council on October 19, 2015, through Bylaw 6/2014. The remainder of Erin Ridge North Phase 2 has an area of 36.4 hectares± (89.9 acres±) and is currently shown in the Erin Ridge North Area Structure plan as “possible development area”.
The amendment to the Erin Ridge North ASP has proposed land use designations of commercial, high density residential, low density residential, park, and stormwater management facility. Element Drive North will extent to the City’s north boundary with Sturgeon County. Please refer to the attached Bylaw 7/2019, Figure 2 Future Land Use ASP.
The “possible development area” is where a wetland/drainage pond is located. This wetland/drainage pond has been discussed with several stakeholders and solutions have been determined on how to manage the water that is stored in this area of Erin Ridge North. This amendment will enable development of the wetland/drainage pond, which may occur in the future, once there is Water Act approval, and the solutions to manage stormwater are implemented. This wetland/drainage pond extends north into Sturgeon County, and has area of 29.5 hectares± (72.89 acres±). On May 21, 2014, Public Lands, Water Boundaries Unit, reviewed the wetland feature and determined that there was no Crown claim under the Public Lands Act.
SERVICING REQUIREMENTS BEFORE DEVELOPMENT CAN OCCUR
In order for Erin Ridge North to continue with further development into the Area Structure Plan Amendment area, a number of infrastructure projects must be completed to provide capacity for these additional lots. This includes, but is not limited to, the storm pond located within the wetland footprint, off-site stormwater outfall, and off-site sanitary forcemain and lift station. On November 19, 2018, Council supported the undertaking of the design of the Northeast Storm Outfall (Off-site Levy Storm Project 5).
Landrex has proposed an interim solution to manage stormwater runoff from the north. This will include a ditch to be constructed on the south side of Township Road 544 and parallel to the highway ditch on the east side along Highway 2. The surface water will be conveyed through the ditch, and ultimately towards Carrot Creek. This system will limit any northern surface water impacting the infrastructure within Erin Ridge North Phase 2.
As the proposed ditching system that will ultimately convey water to Carrot Creek is within Sturgeon County, the necessary permitting process within the County must be obtained and followed.
Please refer to the attached Bylaw 7/2019, Figure 6b, Stormwater outside City Limits.
Consistent with most developments, all of the onsite work that will be required to support development must be installed. This includes an onsite stormwater lift station and onsite sanitary lift station, as well as all the trunks, conveyance pipes, and roads. Timing for ultimate lift stations will be based on the pace of development, an interim lift station to support development is currently installed and will provide support to the majority of the Erin Ridge North Phase 2 development, the requirement for timing of these lift station will be based on additional land parcels coming online.
ASP DENSITY
The Edmonton Metropolitan Region Board (EMRB) Growth Plan, under Ministerial Order Number MSL: 111/17, signed October 26, 2017, has the target density for St. Albert at 40 dwelling units per net residential hectare (du/nrha). The amendment area of the Erin Ridge North Area Structure Plan meets the EMRB required density of 40 du/nrha, at 42 du/nrha. ERN Phase 1 and the south-west corner of Erin Ridge North Phase 2 were approved and developed under the Capital Region Board (CRB) minimum density target of 30 dwelling units per net residential hectare, and do not need to conform to the new density targets.
Within the proposed amendment area, the number of dwelling units proposed is 240 low-density residential units, and 405 high-density residential units. The amount of commercial land proposed is 6.3 hectares± (15.6 acres±).
The overall statistics for the Erin Ridge North Area Structure Plan include 57% of the total units as multiple-family units, which meets the MDP policy 4.11 requiring a minimum 30% of dwelling units be multiple-family units.
MUNICIPAL RESERVE
For the whole of Erin Ridge North Phase 2, the amount of municipal reserve (MR) to be dedicated to the City of St. Albert is 5.59 hectares± (13.81 acres±). This land will be provided through two parks, and trails near the stormwater management facility #3a/3b.
OTHER ASP AMENDMENTS
The other changes to the Erin Ridge North ASP document relate to types of residential area. On February 5, 2018, the Land Use Bylaw was amended and definitions of Low Density Residential Area, Medium Density Residential Area, and High Density Residential Area, were added. To align the ASP with the Land Use Bylaw, the residential portion has been updated with revised titles and densities. In addition, the 2018 St. Albert Census has been used to update student population and project population. To see the changes in the Erin Ridge North ASP, a redline document has been prepared. Please refer to the attached Erin Ridge North ASP Redline and attached Bylaw 7/2019.
Amendments to the Erin Ridge North ASP can only occur following a decision on the MDP.
Bylaw 8/2019 Land Use Bylaw Schedule A Amendment
PROPOSED LAND USE BYLAW AMENDMENT
The area proposed to be redistricted has an area of 30 hectares± (74 acres±), which is a smaller area than proposed for the ASP amendment. The remainder of the lands will be districted at a future date. The area being districted is located east of St. Albert Trail, north of Neil Ross Road, and south of the City Boundary with Sturgeon County. Access to the land is from Element Drive North, Ernest Boulevard, and St. Albert Trail. The current land use district is Urban Reserve (UR), which is a holding district until urban development occurs on the land.
PROPOSED LAND USES
• Low Density Residential (R1) District, 12.0 hectares± (29.7 acres±) that has a permitted use of single-detached house.
• Medium/High Density Residential (R4), 3.0 hectares± (7.4 acres±) that has a permitted use of apartment building.
• Public Park (P), 8.7 hectares± (21.5 acres±) that has a permitted use of park and will also have a stormwater management facility.
• Corridor Commercial (CC), 6.3 hectares± (14.8 acres±) that has permitted uses such as retail, restaurant, shopping centre, and professional office.
Please refer to the attached Bylaw 8/2019.
Redistricting can only occur following a decision on the MDP and the Erin Ridge North ASP amendments.
STAKEHOLDER COMMUNICATIONS OR ENGAGEMENT
The applicant held a public consultation meeting on November 8, 2017, with seven (7) people attending. Public attendees had comments about traffic flow and safe access to St. Albert Trail, a trail all the way around the stormwater management facility, and loss of habitat for birds in the wetland. Please refer to the attached Transcript of Public Meeting.
The proposed MDP and Erin Ridge North ASP amendments were circulated on January 23, 2018, to internal departments, external referral agencies, property owners within a 100-metre radius, and to those who attended the November 8, 2017 public meeting.
Additional time was spent on the Erin Ridge North ASP application, as the applicant studied Carrot Creek and how to manage the storm water from the north and collecting in the wetland/drainage pond located in the area “possible development area”, and stormwater management capacities.
The proposed amendment to the Land Use Bylaw was circulated on November 20, 2018, to internal departments, external referral agencies, property owners within a 100-metre radius, and to those who attended the November 8, 2017 public meeting.
One comment was received from the public from the November 20, 2018 circulation. Please refer to the attached Public Comment.
First reading is scheduled for March 4, 2019. The public hearing is tentatively scheduled for April 1, 2019. Following first reading, the public hearing date will be posted on the City website. The public hearing will be advertised in CityLights on March 15 and March 22, 2019, and a notification letter about the public hearing will be mailed to property owners within a 100-metre radius of the site and to those who attended the November 8, 2017 public meeting.
IMPLICATIONS OF RECOMMENDATION(S)
Financial:
The proposed interim stormwater solution (ditching system) will require ongoing maintenance to ensure it is functioning as designed. The associated operating costs (for the City of St. Albert) regarding this matter have not been provided by the applicant.
Legal / Risk:
None at this time.
Program or Service:
Various City departments will require staff time to respond to the Water Act application, and address servicing issues. When development proceeds:
• Engineering drawing reviews, development agreements, and inspections of infrastructure.
• Planning and Development will have subdivision plans and development permits to review and provide decisions on.
• Safety Codes will have building plans to review and buildings to inspect.
• Recreation Services will have park planning and development.
• Public Works will have maintenance of infrastructure.
• Fire Services, Community & Social Development, Transit, and other departments will have services to a new area of the City.
Organizational:
The approval of Bylaw 7/2019 for the Erin Ridge North ASP within this agenda report will have immediate impact on the Planning and Engineering Department, as there are servicing issues that must be addressed before development can proceed. It is likely there will be continued meetings with the developer/consultants.
ALTERNATIVES AND IMPLICATIONS CONSIDERED
If Council does not wish to support the recommendations, the following alternatives could be considered:
1. Defeat first reading of Bylaw 6/2019 (MDP) so that there is no reduction in commercial area. An implication would be that the applicant cannot re-apply within six months for an MDP amendment. The ASP amendment can not be approved, because the design is based on a reduced commercial area of the MDP. Direct Administration to amend the ASP concept prior to second reading of Bylaw 7/2019 (ERN ASP), with no reduction in commercial.
2. Defeat first reading of Bylaw 7/2019 (ERN ASP). An implication would be that the applicant cannot re-apply within six months.
3. Defeat first reading of Bylaw 8/2019 (LUB). An implication would be that the applicant cannot re-apply within six months.
Report Date: March 4, 2019
Author(s): Lenore Mitchell
Committee/Department: Planning & Development
Chief Administrative Officer: Kevin Scoble