File #: CM-25-001    Version: 1 Name:
Type: Council Motion Status: Agenda Ready
File created: 2/6/2025 In control: City Council
On agenda: 3/4/2025 Final action:
Title: Midtown District LUB Amendment Notice given by: Councillor Brodhead
Attachments: 1. IR-24-023_BILD_Bylaw18-2024, 2. IR-24-025_Averton_Bylaw18-2024

TAMRMS#: B06

10.1

 

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Midtown District LUB Amendment

Notice given by: Councillor Brodhead

 

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PROPOSED MOTION(S):

recommendation

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.

 

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ADMINISTRATION’S UNDERSTANDING OF THE INTENT OF THE MOTION

 

This motion directs Administration to make the exact wording changes to the Land Use Bylaw for Council consideration at the April 1, 2025, Council meeting.  This motion would prioritize this work above other initiatives.

 

ADMINISTRATION’S RECOMMENDATION

 

Administration recommends the developer of Midtown apply for these or any other desired changes through the standard processes.

 

PURPOSE OF REPORT

 

The purpose of this report is to provide Council with information to inform their decision.

 

ALIGNMENT TO COUNCIL DIRECTION OR MANDATORY STATUTORY PROVISION

 

N/A

 

BACKGROUND AND DISCUSSION

 

City Administration has provided context and input on the topic of Land Use Bylaw (LUB) amendments for the Midtown Development within South Riel for Council’s consideration. Council Information Requests entitled #IR-24-25 and #IR-24-23 are attached. The amendments desired by the developer of Midtown through the LUB update were carefully considered, and deemed to be development-specific, and therefore were not recommended for inclusion through the LUB update. Administration has recommended to the developer follow the standard process for a development-specific amendment.  This entails a developer-initiated application for an amendment.

 

The motion identifies three change requests to the LUB:

 

Request 1 - Residential Parking Review:

The first amendment requested was for a reduction in parking requirements for the Midtown Development. Residential parking reductions were considered and implemented in various parts of the city during the LUB update. Parking considerations may not be directly comparable across the city, particularly in the case of Midtown. Midtown was approved with non-standard, private roads that lack the built-in width to accommodate similar levels of on-street parking as other areas of the city. This non-standard approach was adopted at the specific request and insistence of the developer.

 

Throughout the LUB update, the Midtown developer was seeking further parking reductions, which were specific to their individual development. The developer was advised that the preferred course of action would be to submit a separate application for parking reductions specific to Midtown. This would allow the proponent to define and advocate for their request and give Administration the time and resources needed to thoroughly consider the matter.

 

Throughout 2025, the Planning & Development Department will be specifically assessing the viability of further parking reductions within St. Albert. As part of this process, Administration will undertake several studies that may impact future parking recommendations. While the 2024 LUB introduced some changes to parking requirements, these adjustments were conservative, as an in-depth review of parking demand was not conducted during the LUB project. Administration is currently evaluating the impact of parking on overall land use - as it specifically relates to housing affordability. Council could direct Administration to consider the intent of this motion when presenting proposed LUB regulations related to parking, as this would enable this topic to move forward as part of the wholistic review, albeit on a different timeline. 

 

Request 2 - Density Bonusing:

The second request for the Midtown development was to enable density bonusing. Administration does not believe additional bonus density regulations are necessary, as the MID (Midtown) District already enables densities that exceed the High-Density Residential (HDR) densities. The MID District clearly outlines density ranges from 120 dwelling units per net hectare (du/nha) to 250 du/nha, which surpass the maximum incentivized HDR densities of 200 du/nha (or 35 meters in height). MID also includes incentivized regulations, such as Section 5.7.7, to allow heights of up to 35 meters, similar to HDR. Based on Administration’s review, incorporating this request would introduce additional regulations for the developer. This feedback has been previously shared with the developer.

 

Request 3 - Stacked Townhousing:

The third request from the developer was to enable stacked townhousing in Midtown. In the 2024 LUB update, "Stacked Townhousing" was removed, and replaced with "Dwelling (Townhouse - Complex)," as input from the development industry sought to simplify the terminology. As such, the stacked townhousing product is now included under the "Dwelling (Townhouse - (Complex)" definition. Within the MID District, the "Dwelling (Townhouse - Complex)" use was not initially added, as the original uses for the Midtown District did not list Stacked Townhousing as an allowable use. However, Administration acknowledges that the South Riel Area Structure Plan identifies “Stacked Townhousing” as a potential product in Area C. Adding "Dwelling (Townhouse - Complex)" to the list of discretionary uses aligns with the ASP. It is important to note that Administration is currently reviewing the Townhousing (Complex) regulations as part of the ongoing annual monitoring, with anticipated amendments for Council's consideration. If Council chose to not have the affected developer pay for a LUB amendment regarding stacked townhousing within their development, Administration could be directed to carry out this work  as part of the Q1 2026 LUB review without significantly impacting staffing resources.

 

In addition to the considerations specific to the three requests, Administration highlights several additional considerations below:

 

April 1, 2025, Council Date:

A standard Land Use Bylaw amendment involves numerous steps to ensure that the item is thoroughly considered, and adequate time is provided for consultation, drafting, advertising, etc. The proposed Council date of April 1, 2025 would only permit a very cursory examination of the implications. To illustrate following the standard process, assuming a complete application is submitted by March 11, 2025, the earliest available Council date for the public hearing would be July 15, 2025. This timeline ensures that all impacted parties can work to an agreed-upon schedule and that all parties have sufficient time through the process to fully consider implications, draft recommendations or comments, prepare necessary materials, and that all requirements otherwise are met. The steps involved are as follows:

 

1.                     Preparation of the application

2.                     Circulation of the application to internal and external agencies (Engineering, Utilities, municipal neighbors, FORTIS, School Boards, etc.)

3.                     Sharing feedback with the applicant for incorporation or amendments to their application

4.                     Development of the Bylaw and Legal Review

5.                     Development of supporting documents (maps, redline copies, advertisements)

6.                     Development of the Agenda Report and Presentation

7.                     Review of finalized documents by senior and executive leadership

8.                     Advertisement requirements and website uploads (3 weeks before the first Council agenda package upload)

 

In the case that Administration was directed by Council to undertake the amendments and truncate timelines associated with the standard process, Administration anticipates that the time saved would be in the order of perhaps 2-3 weeks, with an increased risk in oversight. 

 

Application Processing Implications and Prioritization:

The Planning Branch balances its resources between current planning and long-range planning.  Applications are processed on a first-come basis, following standard processes to enable adequate time for consideration, consultation, report writing, revisions, internal approvals, and advertising if necessary.  For non-applicant driven work, Administration refers to the Council Strategic Plan and Corporate Business Plan to advance community or organizational priorities. 

 

At present, the Planning Branch has a number of applications and priority work underway.  Currently, Administration is processing 6 statutory planning projects, 4 of which require Council approval, and several subdivision applications are being processed. The statutory plan applications are expected to be presented to Council for decision before the 2025 municipal general election. Administration’s understanding of the motion would prioritize this work ahead of those applications that have already been made by numerous other parties in anticipation of their needs for the 2025 construction season.  

 

Q1 2026 Land Use Bylaw Update: 

The LUB is considered a living document, meaning that regular edits and housekeeping amendments will be necessary after its adoption.  When the new LUB was approved in October 2024, Administration committed to monitoring and evaluating the LUB regulations for effectiveness. As outlined in the October 1, 2024, agenda report accompanying Bylaw 18/2024, Administration anticipated returning to Council in Q1 of 2026 with recommended amendments to the LUB.  Outside of this review, private parties have the ability to apply for changes to the bylaw as they so choose. 

 

Beyond the Q1 2026 update, Administration anticipates further amendments to the LUB after completion of the infill strategy to better meet the Municipal Development Plan goals, including changes to accommodate development near future rapid transit stations (TOD areas).

 

Council direction to proceed with review of the 3 requests would prioritize them over the current planned evaluation approach of the LUB. Should Council desire, they could also consider directing Administration to incorporate the parking and townhousing regulation changes for consideration as part of the Q1 2026 LUB update, as noted in the Alternatives section of this report. However, it is important to recognize that proceeding with this motion outside of the Q1 2026 updates will have implications for other ongoing projects, potentially affecting the timing of other private land development applications already in the queue.

 

Development pays for development: 

The approach to development in St. Albert has typically been that “development pays for development”.  This includes the cost of amendments to the Land Use Bylaw, and particularly those that would benefit specific parties.  Where an outcome is desired absent an applicant advocate, the city foregoes application fees, and in fact the cost of amendments would likely be higher than a standard application, as staff will be charged with developing, evaluating, and bringing forward the regulations, rather than simply evaluating and bringing forward an application that was crafted by an applicant specifically to suit their needs.  As outlined in #IR-24-25, this cost/revenue loss is estimated to be more than $50,000.  This approach does entail the risk Administration will not deliver the amendments exactly as the proponent may have intended. 

 

 

IMPACTS OF MOTION

 

Financial:

 

Potential loss of more than $50,000 in application fees.

 

Compliance & Legal:

 

Administration does not schedule public hearings, but rather makes recommendations to Agenda Planning for the scheduling of public hearings. The preferred motion wording should not reference Administration scheduling a public hearing, but rather a completion date instead.

 

Program or Service:

 

Adhering to the April 1, 2025 timeline will mean that the amendments presented to Council will not have completed the usual steps of review and engagement. The bylaw amendment will undergo a cursory review.

 

Organizational Impact:

Prioritizing this request based on the April 1, 2025 timeline will affect both current planning applications already in the queue (as some may be put on hold) and Council strategic priority projects, such as Lakeview and Northeast Servicing. Additionally, it will require Senior Leadership within St. Albert to prioritize review and input on this Council item, which could impact other major initiatives already on the Council agenda, including Municipal Naming and Off-site Levies.

 

Risks:

Adhering to the April 1, 2025, timeline means that Administration will be unable to fully evaluate the changes or determine their impacts across the Land Use Bylaw. Administration would also not have time to incorporate public input or feedback on these items. This could add further strain to the ongoing Land Use Bylaw monitoring and review program.

 

ALIGNMENT TO PRIORITIES IN COUNCIL’S STRATEGIC PLAN

 

N/A

 

ALIGNMENT TO LEVELS OF SERVICE DELIVERY

 

N/A

 

ALTERNATIVES

 

Alternative 1: If Council does not wish to support the proposed motion, Administration presents the following alternative for Council’s consideration:

 

That Administration review and develop Land Use Bylaw regulations for Council’s consideration in keeping with Council’s Strategic Plan and Administration’s associated workplan, regarding the following items:

 

                     An amendment to the table in section (26) of the Midtown District to conform in alignment to the parking minimums adopted for other land use districts and based upon the findings of the Parking Strategy.

 

                     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 "Dwelling (Townhouse - Complex)," as a discretionary use in Midtown District’s Area C. 

 

That the amendments be prepared by the end of Q1 2026.   

 

Financial:

 

N/A

 

Compliance & Legal:

 

N/A

 

Program or Service:

 

N/A

 

Organizational:

 

This motion would direct Administration to investigate the impacts of the intent of the regulation changes and develop regulations in keeping with existing workloads. This would enable Administration to maintain other project files, without re-prioritizing.

 

Risks

 

N/A

 

Alternative 2: If Council does not wish to support the proposed motion or other alternative, Council could consider the following:

 

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 the amendments be prepared in time for consideration at the July 15, 2025 St. Albert City Council meeting.

 

Financial:

 

N/A

 

Compliance & Legal:

 

N/A

 

Program or Service:

 

N/A

 

Organizational:

 

This motion would direct Administration to investigate the impacts of the intent across the standard approach and timeline, prioritized over current initiatives.  

 

Risks

 

N/A

 

 

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Report Date: March 4, 2025

Author: Kristina Peter & Adryan Slaght

Department: Planning & Development

Department Director: Kristina Peter

Managing Director: Adryan Slaght

Chief Administrative Officer: Bill Fletcher