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RFD- 4059 Bylaws   Item #   10. d.    
Regular Council Meeting Agenda   
Meeting Date: 12/14/2020  
Title:    C-1131-20 - Land Use Bylaw Amendment - Density Requirements for R1 & R2 District - First Reading - Nalavde
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: The City maintains a constant inventory of available land, both developed and developable, to ensure businesses can find properties that meet their needs.

Request for Decision Summary
The purpose of this report is to seek Council's approval of first reading for Bylaw C-1131-20, a text amendment to the Land Use Bylaw (LUB). This amendment proposes to introduce new density requirements under the R1 - Mixed Low to Medium Density Residential District and R2 - Mixed Medium to High Density District, and introduce new requirements for residential redistricting applications in new growth areas governed by approved Area Structure Plans (ASP). The new density requirements will ensure density requirements under the LUB are consistent with the density targets in ASPs approved by the City of Spruce Grove.

Administration supports the proposed amendment.

Proposed Motion
That first reading be given to Bylaw C-1131-20 - Land Use Bylaw Amendment - Density Requirements for the R1 and R2 Districts.
The City currently sets density targets for land use in new neighbourhoods through ASPs, which are implemented through a corresponding land use district in the City's LUB. In most new neighbourhoods there are currently two land use categories, being Low to Medium Density Residential and Medium to High Density Residential. In order for LUB to ensure successful and accurate implementation of ASP density targets, density requirements in the LUB should match the density targets upon redistricting.

Density targets for Low to Medium Density Residential areas in approved ASPs are closely matched with the corresponding density requirements in the R1 - Mixed Low to Medium Density Residential District, ranging from 25 to 30 units per net residential hectare, which results in relatively successful implementation of low to medium density residential developments.

On the other hand, density targets for Medium to High Density Residential areas in the ASPs range from 40 to 118 units per hectare, which does not correspond to the minimum density requirement of 40 units per hectare in the R2 - Mixed Medium to High Density Residential District in the LUB. This can sometimes result in development achieving the minimum density under the LUB, while failing to meet the density targets in the ASPs.

This amendment is intended to address the above identified gap in density targets between the LUB and ASPs by requiring the Development Authority to review the ASP and Outline Plans for density targets and to ensure development applications are achieving those densities instead of the minimum density requirements in the LUB. The minimum and maximum density requirements in the LUB will continue to regulate those areas which are not governed by an ASP.

New Planning Process Implementation
Spruce Grove’s current planning process for redistricting applications is informed by Policy 7,005, which requires that prior to third reading the City must receive a signed Development Agreement (DA) for the associated subdivision. In our current process, the subdivision and DA review works as a mechanism to confirm density and development type before redistricting is approved for a site. As such, if an application is not meeting the ASP targets in the subdivision and DA review, administration would not support the redistricting.

Planning and Development is in the process of implementing a process change for redistricting applications, where the applicants will rely on ASP and Outline Plans to support residential redistricting applications, which will replace the current requirement of submitting subdivision applications and DAs. In the new process, there will be a larger reliance on the LUB to implement the ASP density targets, which makes it necessary to ensure LUB density requirements are aligned with ASPs. In the new process, Development Authority will also review the ASP and Outline Plans for density targets in addition to the regulations in the LUB.

This amendment is required to successfully implement the new planning process requirements for redistricting applications and to give the Development Authority the powers to review ASP and Outline Plans to implement density targets in approved statutory plans.
This bylaw is being brought forward for first reading. Discussion and consideration of changes to the bylaw may be made at second reading following a public hearing. Alternatively, Council may defeat the motion for first reading and choose to defeat this bylaw. 
Administration has completed two rounds of consultation with the Urban Development Institute (UDI) pertaining to the proposed planning process change.  UDI has commented on broad support on the overall planning process change and implementation items. Administration anticipates some adjustment to the regulations may be required during the implementation of these regulations in the following year.
A statutory public hearing will be held prior to consideration of second reading. Advertising of the public hearing will satisfy the requirements of the Municipal Government Act, and will include placement of advertisements in the local newspaper.
In order to implement the new planning process for redistricting applications, concurrent with this amendment Administration will be bringing forward the following action items:
  • Rescind current Policy 7,005 Information Requirements for Redistricting Bylaws; and
  • Adopt a new Procedure outlining the proposed planning process change.
Redistricting applications that are applied for prior to rescinding policy 7,005 will continue to be processed under the current requirements. Future redistricting applications for new growth areas will follow the new planning process where redistricting applications are supported on the basis of approved ASP and Outline Plans and meet the density requirements in those plans.
Bylaw C-1131-20 First Reading

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