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Home > Developing a Community > Land Subdivision Process
Developing a Community: Land Subdivision Process
Outline Plans
The City has evolved a unique approach for dealing with the subdivision of large areas of land even up to a section or larger, which involves the submission of a non-statutory Outline Plan concurrently with the Land Use Redesignation Application. The main advantage of this system to The City is that it provides a means for the resolution of all complex land use, open space, servicing and transportation issues. The advantage to the development industry is that while the Outline Plan may initially be a time-consuming process, subsequent tentative plans for each phase can be approved in a quick and efficient manner.
The Outline Plan also fills a large gap between the current level of detail in an ASP or Community Plan and the tentative plan which sets the actual subdivision layout and lotting pattern. It can also show the logical extension of the subdivision onto adjacent lands.
To start the Outline Plan process a planning consultant or developer usually contacts the Corporate Planning Application Group or CPAG file manager to request a pre-application meeting. He then submits some preliminary information and plans for distribution to the CPAG team members consisting of Planning, Urban Development, Transportation and Parks representatives, for review before the meeting. At the meeting, after hearing the developer's presentation, team members will identify all major concerns, requirements and any recommended changes. These comments will be followed up in writing to the applicant.
After any revisions, the outline plan and land use amendment application is submitted together with all required reports and geotechnical information. The package is reviewed for completeness against the Complete Application Requirement List. ("CARL")
Circulation:
When the proposal is complete a major circulation is initiated. In addition to the CPAG Team this would always included numerous other City departments and Provincial agencies such as EMS, Fire, Police, Alberta Transportation, Alberta Infrastructure and Alberta Community Development to name a few, together with outside agencies like the School Boards, ATCO Gas, TELUS, Shaw Cable, the Federation of Calgary Communities and any other specific parties that may be affected by the plan.
Detailed Team Review ("DTR"):
After circulation is complete the CPAG team does a Detailed Team Review (DTR) of the CPAG responses and then all the circulation replies are given to the applicant for review.
Post-Circulation Meeting:
Once the applicant has had an opportunity to review the comments and has resolved any straight forward issues, a Post-Circulation Meeting is arranged by the file manager. The applicant may request a representative from any agency with outstanding comments which need to be resolved. Depending on the resolution and extent of any revisions involved some further circulation may be necessary so that all affected parties can review the revised plans.
Written Report:
When all the problems are resolved, revised plans submitted and CPAG recommends the proposals, a report is written for CPC by the file manager on the outline plan and land use redesignation.
Presentations to Calgary Planning Commission ("CPC"):
The file manager presents the proposal and the CPAG team recommendation, together with any related planning matters such as road closures, community and street names, to the Calgary Planning Commission (CPC). Other CPAG Team representatives are present at the meeting to answer any detailed questions by the Commission, such as stormwater management systems or traffic studies.
Approval of Outline plan with Conditions:
If the Outline Plan is approved by the Commission with the conditions in the report, that then concludes the Outline Plan part of the process other than to notify the applicant of the decision.
Land Use Approval Recommended to Council:
At the same time the Commission makes a recommendation to Council on the land use redesignation, a bylaw is prepared and advertised for a public hearing, after which Council may give three readings to the bylaw.
Tentative Plans:
When the land use redesignation is approved, tentative plans can be submitted for the individual phases. These are reviewed against the approved land uses and the outline plan conditions of approval. The plan shows the complete lotting pattern together with all dimensions and sizes. If it conforms to the outline plan and land uses, the tentative plan can be quickly approved by the Subdivision Authority. As this is a statutory plan, there is an appeal from the decision of the Subdivision Authority generally to the Subdivision and Development Appeal Board, but in some cases to the Municipal Government Board.
Development Agreement Special Clauses:
Concurrent with the tentative plan the developer may start negotiations on the special clauses of the Subdivision Development Agreement with the Urban Development Division and also submit his subdivision construction drawings for review and approval.
Legal Survey Plan:
The final legal survey plan is now submitted for processing through Urban Development and Corporate Properties for easement agreements and finally, endorsement by the Subdivision Authority. The plan can then be registered at the Land Titles Office and titles issued for the lots.
However, even prior to the registration the developer may apply to The City for the release of building permits when a number of pre-conditions have been met including the assignment of municipal addresses to the lots as permits are based on this address.
This is basically the end of The City's subdivision approval process.
Definitions from the MGA and Land Titles Act:
Subdivision - is the division of a parcel of land by an instrument.
Parcel of Land - is the aggregate of the one or more areas of land described in a Certificate of Title or described in a Certificate of Title by reference to a plan registered in a Land Titles Office.
Instrument - a plan of subdivision and an instrument as defined in the Land Title Act, which includes a mortgage, encumbrance, or any document relating to or affecting the transfer of land or evidencing title to land
Dedicate land for Roads, Public Utilities, Reserves - subject to the specific provisions of the MGA the owner of a parcel of land which is subject of a subdivision must provide, without compensation lands for public roads, utilities, environmental reserves, municipal reserves and municipal and school reserves or money in a place of any or all MR or MSR lands, or a combination of land or money, as required by the Subdivision Authority.
The amount of land that may be required for roads and utilities is up to 30% and 10% for MR and MSR, both calculated after first deducting environmental Reserves, on which there is no limit.
Part One: Information about the Land Development Process
This information was courteously provided by The City of Calgary.
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