TAMRMS#: B06
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Bylaw 12/2021 - Land Use Bylaw Riverside 31 Redistricting (1st reading)
Presented by: Suzanne Bennett, Planner, Planning & Development Department
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RECOMMENDED MOTIONS
recommendation
1. That Bylaw 12/2021, being amendment 185 to the Land Use Bylaw, be read a first time.
2. That the Public Hearing on Bylaw 12/2021 be scheduled for April 6, 2021.
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PURPOSE OF REPORT
This report discusses proposed amendments to Schedule A of the Land Use Bylaw (LUB) for the Riverside Neighbourhood (from R1 to RX and RXL, and from R2 to RX). The proposed 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
St. Albert Council Strategic Plan
Strategic Priority #5: Housing: Enhance housing options.
Facilitate an increase in the variety of housing types in St. Albert to respond to market demands and accommodate the diverse needs of residents.
ALIGNMENT TO LEVELS OF SERVICE DELIVERY
Service Component
Current Planning Application Processing:
Processing and coordination of the approval of Statutory plans and amendments, subdivisions and condominium applications.
ALIGNMENT TO COUNCIL DIRECTION OR MANDATORY STATUTORY PROVISION
Section 692(1) of the Municipal Government Act requires that the subject matter of this report go to Council, and that a public hearing be held before giving second reading to the bylaw.
This amendment conforms with the Municipal Development Plan, Policy 3.1 - Future Land Use Policy:
The City of St. Albert shall direct future growth and development in accordance with Map 2 - Future Land Use Policy and in keeping with the policies contained in CityPlan Bylaw 15/2007.
BACKGROUND AND DISCUSSION
Select Engineering Consultants Ltd., on behalf of the Genstar Titleco and Genstar Titleco #3, has applied to amend Schedule A of the Land Use Bylaw (LUB). This application is intended to facilitate residential development in the Riverside neighbourhood.
The proposed redistricting is consistent with the Municipal Development Plan, Bylaw 15/2007 as consolidated, which designates the land as Residential. The proposed redistricting is consistent with the Riverside Area Structure Plan Bylaw 1/2012, as amended, which shows the areas as low-density residential.
The legal descriptions and addresses of the lands proposed for redistricting are listed in the attached Redistricting Area - Addresses and Legals
Changes to Land Use Bylaw
The Edmonton Metropolitan Region Growth Plan (EMRGP) requires that for greenfield developments, St. Albert meet a minimum density of 40 dwelling units per net residential hectare. In February 2018, two new residential districts (Residential (RX) District and Residential Lane (RXL) District) were added to the Land Use Bylaw through Bylaw 2/2018. In November 2020, the RX and RXL Districts were amended to add zero lot-line regulations through Bylaw 33/2020.
The RX and RXL Districts enable smaller lots that can assist land development in achieving higher densities than what could be achieved under Low-Density Residential R1 and R2 Districts. The R1 and R2 Districts each have a regulation referring to each other. The R1 District contains the regulations for single-detached dwellings. The R2 District contains the regulations for semi-detached and duplex dwellings. Many of the discretionary uses in the R1 and R2 Districts are now permitted uses in the RX and RXL Districts.
Some other differences with the RX and RXL when compared to the R1 and R2 are:
• The RXL district has a rear lane, and access to the lot is from the lane.
• Within RXL, a corner lot flanking a public roadway, the minimum side yard building setback is 3 m; whereas the setback in R1 and R2 are 4 m.
• RXL single-detached house lot width is 8.6 m lot width for interior and 10.4 m lot width for corner lot.
• The RX and RXL Districts have regulations to allow for zero lot-line setbacks for single-detached houses. Lot width minimums for zero lot-line single-detached houses in the RX District is 8.9 m for interior lots, and 12.2 m on a corner lot. Lot width minimums for zero lot-line single-detached houses in the RXL District is 7.7 m for interior lots, and 9.2 m on a corner lot.
• RX and RXL permit townhousing developed with multiple units on a single, titled parcel.
• RXL allows for street-oriented townhousing because all access is off a lane.
• RXL semi-detached lot width is 7.4 m for interior lot and 9.1 m lot width for a corner lot.
A regulation that controls Dwelling Mix in the RX (8.35,16a) and RXL (8.36,15b) Districts states:
“Notwithstanding clause (a), the dwelling mix in clause (a) may apply to an existing Area Structure Plan, as long as any dwelling, single-detached house; dwelling, two family, or townhousing located on a lot less than 10 m in width is located at least 90 m away from any lot within said neighbourhood that was registered prior to the date that this Bylaw came into force.” (Bylaw 2/2018)
All lots proposed for subdivision comply with this Land Use Bylaw regulation.
Please refer to attachment Comparison of Districts and Dwelling Mix Overlay Map.
Proposed Redistricting
The subject lands are currently districted Low Density Residential (R1) and (R2). The applicant is requesting to change the existing districts to Residential (RX) and Residential Lane (RXL). The amount of land being redistricted is as follows:
• 20.4 hectares± (50.4 acres±) from Low Density Residential (R1) District to Residential (RX) District,
• 1.0 hectares± (2.5 acres±) from Low Density Residential (R1) District to Residential Lane (RXL) District, and
• 1.4 hectares± (3.4 acres±) from Low Density Residential (R2) District to Residential (RX) District.
Please refer to attachment Location Map and Bylaw 12/2021.
The plan of subdivision was submitted at the same time as the redistricting application, and circulated to residents located within 100-metre radius of the amendment area. After providing comments to the developer after the circulation, the developer has decided to not district 10 proposed lots along Riverside Drive as RX, and will leave the district as R1.
There are 17 lots on the west entrance of Redwing Wynd that are registered at Land Titles and are all owned by Genstar. These lot may be re-divided because many of these lots have lot widths ranging from 14 m to 19.9 m in size.
A decision by the Subdivision Authority on the subdivision would occur following a decision of Council. However, if the proposed land use changes are not supported by Council, the land use districts of Low Density Residential R1 and R2 that are on the land will remain.
STAKEHOLDER COMMUNICATIONS OR ENGAGEMENT
The proposed Land Use Bylaw (LUB) amendment was circulated on November 13, 2020 to internal departments, external referral agencies, and property owners within a 100-meter radius. The redistricting was circulated for 30 days, because of the longer circulation for the accompanying subdivision, with comments due on December 16, 2020.
A notification sign about the redistricting was placed on Riverside Drive at the school/park site.
Three written responses were received from the public. Please refer to attachment Public Comments. Some of the public concerns are:
• increased densities;
• change in land use that allows uses as permitted, whereas, in R1 the uses were discretionary;
• reduced side yard on corner lot from 4 m to 3 m;
• increased shading from more houses make solar energy less efficient;
• purchased home as R1 not RX and RXL;
• higher density lowers the value of single-family homes; and
• more traffic.
No objections were received from external referral agencies or internal departments.
Following first reading by Council, information about the public hearing will be posted on the City website. The public hearing will be advertised in CityLights on March 17 and 24, 2021. A notification letter about the public hearing will be mailed to property owners within a 100-meter radius of the site.
The public hearing is proposed to be scheduled for April 6, 2021.
IMPLICATIONS OF RECOMMENDATION(S)
Financial:
None at this time.
Legal / Risk:
None at this time.
Program or Service:
As development proceeds:
• Engineering drawing review, development agreement drafting and signing, and inspection of infrastructure will occur.
• Planning & 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.
• Public Works will have maintenance of infrastructure.
• Emergency Services, Community & Social Development, Transit and other departments will have to provide services to a new area of the City.
Organizational:
None at this time.
ALTERNATIVES AND IMPLICATIONS CONSIDERED
If Council does not wish to support the recommendation, the following alternatives could be considered:
Defeat first reading of Bylaw 12/2021, which will have the following implications: A public Hearing will not be scheduled. The applicant cannot re-apply within six months for a Land Use Bylaw amendment on this site.
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Report Date: March 15, 2021
Authors: Suzanne Bennett and Lenore Mitchell
Department: Planning & Development
Deputy Chief Administrative Officer: Kerry Hilts
Chief Administrative Officer: Kevin Scoble