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RFD- 3189 Bylaws   Item #   9. c.    
Regular Council Meeting Agenda
Meeting Date: 12/11/2017  
Title:    C-1019-17 - Second Reading - Land Use Bylaw Amendment - Text Amendment and Redistricting - Deer Park Direct Control and Stage 7 - Levasseur
Department: Planning & Infrastructure  
Strategic Vision Element: This topic relates to all three of the City’s strategic vision elements contained in Council’s Strategic Plan Related Goal: n/a

Request for Decision Summary
The purpose of this Request for Decision is to seek Council’s support for second reading for Bylaw C-1019-17 – Deer Park Direct Control District and Deer Park Stage 7. The Bylaw proposes to create a DC - Direct Control District for an Aging in Place Complex and to redistrict approximately 9 ha of Plan 142 2642, Block 1, Lot 3 from UR – Urban Reserve District to DC1 – Direct Control District, R1 - Mixed Low to Medium Density Residential District, R2 - Mixed Medium to High Density Residential District and P1 - Parks and Recreation District.

Administration supports this amendment, which will allow for the development of an aging in place facility composed of three residential buildings with neighbourhood oriented public commercial uses, two multi-unit dwellings and lower density residential development within the Deer Park neighbourhood.

Proposed Motion
That second reading be given to Bylaw C-1019-17 - Land Use Bylaw Amendment – Deer Park Direct Control District and Deer Park Stage 7. 
The proposed bylaw (C-1019-17) is a consolidation of two previously proposed bylaws (C-943-15 and C-988-17).  These bylaws are unable to receive third reading because of a lack of council quorum of council members present at the public hearings.  The bylaws have been consolidated for administrative efficiency and because applications have been submitted by the same developer and the subject lands are immediately adjacent to each other.

Bylaw C-943-15, a Land Use Bylaw amendment, received first reading in March, 2016.  The public hearing and second reading took place in July, 2016.  The purpose of the bylaw was to redistrict 7.12 ha of Plan 142 2642, Block 1, Lot 3 from the UR - Urban Reserve District to R1 – Mixed Low to Medium Density Residential District; R2 – Mixed Medium to High Density Residential District, and; P1 – Parks and Recreation District.  At the public hearing, five residents came forward expressing opposition to the higher density development and the potential impact on traffic and property values.

Bylaw C-988-17, a Land Use Bylaw amendment, received first reading in August, 2017.  The public hearing and second reading took place in September, 2017.  The purpose of this amendment was to add a new Direct Control District to the Land Use Bylaw to facilitate the development of an aging in place complex and to redistrict approximately 2.21 ha of Plan 142 2642, Block 1, Lot 3 from UR – Urban Reserve District to DC – Direct Control District . At the public hearing, two written submissions were received expressing opposition to the aging in place citing concerns about access through Deer Park Drive.  These concerns were alleviated with the knowledge that the construction of the new collector road from Jennifer Heil Way will be required.  Spruce Grove Chamber of Commerce spoke in support of the development.

Details Respecting the Proposed Developments:
The applicant is proposing an aging in place complex that will consist of three multi-storey buildings on the proposed Direct Control site. The applicant is also proposing two multi-unit dwellings on the lands proposed to be districted R2 and semi-detached dwellings on the lands proposed to be districted R1. The proposed P1 - Parks and Recreation District site will serve as both a berm for noise attenuation and a public utility lot right-of-way to accommodate the Alberta Capital Region Wastewater Commission.

The proposed developments will require the construction of the north extension of Deer Park Drive and the future collector road connecting Deer Park Drive to Jennifer Heil Way.

Details regarding the Direct Control District:
The proposed aging in place complex could not be accommodated within any of the existing land use districts due to the proposed new supportive living related uses, revised parking regulations, availability of public commercial uses within a residential development and an increase in building height. As a result the applicant applied for a Direct Control (DC) District. 

Direct Control Districts are different from other land use districts in that Council acts as the Development Authority and considers development permits applications, after holding a public hearing. Typically, Council will delegate lower level development permit decisions, i.e., signs, etc., to the development officers.

The proposed DC District will allow for the development of an aging in place complex to include:
  1. Three new residential uses that are distinguished by level of care provided to residents;
  2. Maximum buildings heights of six storeys not exceeding 24.0 m;
  3. Maximum density of 200 dwellings or sleeping units per hectare;
  4. Public commercial uses integrated into the residential development; and,
  5. New parking regulations for the proposed residential uses.
The proposed development is composed of three buildings that offers three different “Supportive Living” levels of care. The levels will range from independent living accommodations with minimal supports to fully supported living accommodations and these new defined uses are included within the proposed Direct Control District.
The proposed public commercial uses will be integrated into the development and will include Child Care Facility, Eating and Drinking Establishment, Personal Service Establishment and Retail Sales. The uses will service both residents in the project as well as be available to the greater community. The proposed DC District commercial language mirrors existing Land Use Bylaw regulations for the C3 - Neighbourhood Retail and Service District to mitigate potential impacts to the surrounding residential community.

Since the applicant requested a variance to the parking standards, the applicant submitted a parking study that analyzed the overall parking scenario for the residential component of the aging in place development. The report concludes that the development will require less parking than existing Land Use Bylaw requirements for special care facilities and multi-unit dwellings, and proposes a different parking calculation method than existing Land Use Bylaw regulations. Parking requirements for the commercial uses will use existing regulations listed in the Land Use Bylaw. Any reduction to the required parking stalls for commercial uses will require a supplementary Parking Impact Assessment at the time of development permit, and would be subject to Council approval as Development Authority.

All principal buildings for the development are proposed to be a maximum of six storeys and 24.0 m in height. The current Land Use Bylaw allows for a range of building heights, including three storeys adjacent to districts that allow single family dwellings and also three storeys (or 12 m) for uses like Assisted Living Facility and Designated Supportive Living. The heights of Multi-unit Dwellings are at the discretion of the Development Officer. 

This Bylaw may not proceed to third reading until the development agreement is signed.

Relevant Planning Framework
Municipal Development Plan
Your Bright Future, Municipal Development Plan, 2010 – 2020 (MDP) is the City’s primary statutory plan. Figure 8 of the MDP identifies the subject land for “Residential” use types so the proposed uses are consistent with the MDP. Similar to a Special Care Facility, the aging in place complex is the primary use and is considered a residential use. No amendments to the MDP are required.

North Central Area Structure Plan
The North Central Area Structure Plan (ASP) was adopted in July 2003. Subsequently, Bylaw No. C-692-08 amended the original plan to designate the subject land as High Density Residential . The proposed development conforms to the conceptual land use designations in the ASP and will not require an amendment to the ASP.

Land Use Bylaw
The subject lands are districted UR – Urban Reserve. The reclassification of land to other land use districts is required before subdivision and development can occur.

The Land Use Bylaw makes reference to the underlying land uses approved in the Area Structure Plan. Since the Area Structure Plan predates the flexible zoning outlined in the Land Use Bylaw, the types of permitted and discretionary uses vary depending on the land's ASP designation. The applicant is proposing the construction of multi-unit dwellings in the R2 District (which are a permitted use) and semi-detached dwellings (permitted use) in the R1 district.
The original proposed amendments had been circulated internally for other departments’ comments.  

Open House for Bylaw C-988-17 (Direct Control District)
The applicant held a public open house on January 24, 2017, at the Pioneer Centre. Draft site plans, design rationale and building renderings were available for preliminary public review at this meeting. Notice of the public open house appeared in the January 13 and 20, 2017, editions of the Examiner, and a notice was mailed to all properties within approximately 400 m of the site. The Open House Report was supplied by the developer and outlined the general feedback received regarding traffic, building height and parking. It is attached for reference.  

Public Hearing
A public hearing of Bylaw C-1019-17 will be held prior to second reading. 
If approved, the Land Use Bylaw and Land Use Bylaw Map will be updated and posted on the City's website.
This amendment to the Land Use Bylaw will allow for development, including an aging in place complex, multi-unit dwellings and low density residential, within the Deer Park neighbourhood.  These developments will require the extension of roads and utilities that will foster future development and benefit existing residents.
Bylaw C-1019-17 Second Reading
Aerial Overview
ASP Overview
Deer Park Open House Report

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