Edmonton



Bylaw 13110

A Bylaw to amend Bylaw 12800, as amended,

The Edmonton Zoning Bylaw

Amendment No. 173

WHEREAS Lot 21, Block 2, Plan 912 1814, west of 66 Street and south of 129 Avenue, Balwin, Edmonton, Alberta, is specified on the Zoning Map as (RA8) Medium Rise Apartment Zone; and

WHEREAS an application was made to rezone the above described property to (RA9) High Rise Apartment Zone;

NOW THEREFORE after due compliance with the relevant provisions of the Municipal Government Act RSA 2000, ch. M-26, as amended, the Municipal Council of the City of Edmonton duly assembled enacts as follows:

1. The Zoning Map, being Part III to Bylaw 12800 The Edmonton Zoning Bylaw is hereby amended by rezoning the lands legally described as Lot 21, Block 2, Plan 912 1814, west of 66 Street and south of 129 Avenue, Balwin, Edmonton, Alberta, which lands are shown on the sketch plan annexed hereto as Schedule “A”, from (RA8) Medium Rise Apartment Zone to (RA9) High Rise Apartment Zone.

2. Appendix I of the High Rise Residential Overlay being s 816 of the Edmonton Zoning Bylaw is hereby amended by including the lands legally described as Lot 21, Block 2, Plan 912 1814, west of 66

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Street and south of 129 Avenue, Balwin, Edmonton, Alberta within the area of application of the High Rise Residential Overlay.

READ a first time this day of , A. D. 2002;

READ a second time this day of , A. D. 2002;

READ a third time this day of , A. D. 2002;

SIGNED and PASSED this day of , A. D. 2002.

THE CITY OF EDMONTON

_______________________________________

MAYOR

_______________________________________ CITY CLERK

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SCHEDULE “A”

13110_ScheduleA.pdf

DESCRIPTION: AMENDMENT TO THE BELVEDERE STATION AREA REDEVELOPMENT PLAN; BALWIN

ZONING BYLAW AMENDMENT from (RA8) Medium Rise Apartment Zone, as altered by the Medium Density Residential Overlay, to (RA9) High Rise Apartment Zone, as altered by the High Rise Residential Overlay; BALWIN

LOCATION: West of 66 Street NW, south of 129 Avenue NW

12832 – 66 Street NW

LEGAL

DESCRIPTION: Lot 21, Block 2, Plan 912 1814

APPLICANT: Fayad Developments Ltd.

c/o 12520 – 112 Avenue NW

Edmonton AB T5M 2T2

OWNER: Fayad Developments Ltd.

Box 867

Lac La Biche AB T0A 2C0

ACCEPTANCE OF

APPLICATION: April 19, 2002

EXISTING

DEVELOPMENT: Vacant and undeveloped land.

PLANNING AND

DEVELOPMENT

DEPARTMENT’S

RECOMMENDATION: That Bylaw 13133 to amend the Belvedere Station Area Redevelopment Plan be APPROVED.

That Bylaw 13110 to amend the Zoning Bylaw from (RA8) Medium Rise Apartment Zone to (RA9) High Rise Apartment Zone and to extend Appendix I of Section 816 be APPROVED.

DISCUSSION

1. The Application

This report concerns two applications.

1. The first application (ARP/02-0003) proposes to amend the Belvedere Station Area Redevelopment Plan by redesignating a site on Schedule B (Land Use Zoning map) from ‘RA8 Medium-Rise Apartment’ and Medium Density Residential Overlay to ‘RA9 High-Rise Apartment’ and High Rise Residential Overlay. As well, the ARP amendment proposes to revise Objective 3.2 (Density And Building Form) by substituting new policy actions regarding density and building form. The new policy actions will more precisely describe the transition in the scale and intensity of residential redevelopment between the LRT and commercial uses along Fort Road and the mature, low density residential development north of 130 Avenue in the Belvedere Neighbourhood and west of 67 Street in the Balwin Neighbourhood. The ARP will be further amended by revising a development regulation under Objective 6.6 (RA9 High Rise Apartment) to be consistent with the amended policy actions in Objective 3.2. The applicant’s intent is to allow the development of an apartment building, with a maximum height of 6 storeys, on a site currently approved for development to a maximum building height of five storeys.

2. The second application (ZB/02-0060) proposes to amend the Zoning Bylaw for a site in the Balwin Neighbourhood from (RA8) Medium Rise Apartment Zone, as altered by the Medium Density Residential Overlay, to (RA9) High Rise Apartment Zone, as altered by the High Rise Residential Overlay. The applicant’s intent is to develop the lot with a multi-storey residential apartment building with a maximum height of 6 storeys, allowing for additional potential for limited main floor commercial uses.

The Medium Density Residential Overlay is currently applicable to the subject site. In approving this rezoning, the High Rise Residential Overlay will replace the Medium Density Residential Overlay as applicable to the site. The High Rise Residential Overlay reduces the maximum Height in the RA9 Zone from 45.0 metres to 23.0 metres or 6 storeys. The High Rise Residential Overlay will also reduce the minimum Front Yard from 6.0 metres to 5.0 metres. The Overlay will apply additional development regulations regarding architectural treatment of facades, vehicular access and balcony development.

2. Site and Surrounding Area

The site subject to the Plan amendment and rezoning is 0.24 ha in size. The property is located on the southwest corner of 129 Avenue and 66 Street and is currently vacant.

Properties to the west of the site across the rear lane are developed with single detached houses and are zoned (RF5) Row Housing. Land to the south is developed with single detached homes and is zoned (RA8) Medium Rise Apartment. Properties to the east across 66 Street are zoned (RA9) High Rise Apartment and developed with high rise apartment and single detached residential uses. Land to the northeast of the site is zoned (RA8) Medium Rise Apartment and is developed with medium rise apartment and single detached residential uses. The site to the north across 129 Avenue is zoned (US) Urban Service and is home to the St. Francis of Assisi Catholic Elementary-Junior High School.

View of site from the northwest corner looking southeast.

ANALYSIS

1. Compliance with Approved Plans and Land Use Compatibility

Objective 3.2 of the Belvedere Station ARP provides for a transition in housing density and built form between the LRT and commercial uses along Fort Road and the mature low density residential uses north of 130 Avenue and west of 67 Street, in the Belvedere and Balwin Neighbourhoods, respectively. However, the proposed rezoning of the site to (RA9) High Rise Apartment Zone, as altered by the High Rise Residential Overlay, does not conform to the action statements of Objective 3.2 and to Schedule B of the ARP, which currently designates the site for ‘RA8 Medium-Rise Residential’ uses to a maximum height of 5 storeys. Therefore, a Plan amendment application was submitted in support of the rezoning application. The purpose of the Plan amendment is to more precisely define Objective 3.2 and amend Schedule B to accommodate residential development to a maximum height of 6 storeys.

The Plan amendment application will revise the “Density And Building Form” Objective of the ARP by deleting the existing action statements and replacing them with a new policy. In compliance with the objectives of the ARP, the action statements describe the transition in maximum building height from the LRT and commercial uses as decreasing from 10 storeys to 5 or 6 storeys to 2½ storeys towards the mature, low density residential development in the north and west. This low density residential development has a maximum building height of 2½ storeys. The intensity of residential built form will decrease from high rise apartments to medium rise apartments to row housing over the same transitional area. More specifically, the policy applies the following guidelines for residential redevelopment:

• residential uses up to and including high rise apartments, with a 10 storey maximum building height, may be developed south of 129 Avenue, east of 66 Street and northwest of the Fort Road commercial corridor;

• residential uses up to and including high rise apartments, with a 6 storey maximum building height, may be developed on the northeast and southwest corners of the 129 Avenue / 66 Street intersection;

• residential uses up to and including medium rise apartments, with a 5 storey maximum building height, may be developed on the north side of 129 Avenue and the west side of 66 Street; and

• residential uses up to and including row housing, with a 2½ storey maximum building height, may be developed on the south side of 130 Avenue and the east side of 67 Street.

The proposed 6 storey development would be compatible with the high rise apartment developments across 66 Street, and with the designated residential use of the surrounding properties to the west, south and northeast, as per the Belvedere Station ARP. These lands are designated for ‘RF5 Row Housing’, ‘RA8 Medium-Rise Apartment’ and ‘RA9 High-Rise Apartment’ uses, despite being currently developed with predominantly single detached residential uses at this time.

2. Transportation and Utilities

The Transportation and Streets Department and EPCOR Water Services Ltd. have no objections to the proposed rezoning. EPCOR Water has indicated that there are existing 100 mm and 300 mm water mains adjacent to the subject site on the lane west of 66 Street and 129 Avenue.

Drainage Services of the Asset Management and Public Works Department has no objections to the proposed rezoning. Storm sewer service connections are not available to the site, but are available by connection to an existing 375 mm storm sewer on 66 Street. On-site storm water management must be utilized for this property for development to proceed.

3. Community Services and Schools

The Community Services Department and the Edmonton Public School Board have no objections to the proposed Plan amendment and rezoning.

4. Surrounding Property Owners’ Concerns

On April 29, 2002, the advance notice for the rezoning application was mailed to Ward Councillors, the Balwin and Belvedere Community Leagues, the Fort Road BRZ President, and the affected landowners surrounding the site subject to the rezoning application. In response to this notification, the Planning and Development Department received seven calls and one letter from affected residents. On June 17, 2002, the advance notice for the Plan amendment application was mailed to the same two Community Leagues, the Fort Road BRZ President and 1,029 landowners in the Belvedere Station ARP area. In response, the Department received seven additional calls from affected residents.

The resident who wrote the letter to the Department expressed concerns over possible increases in traffic. Of the fourteen calls received, three callers expressed support for the applications, five asked for further information, and six expressed opposition to the proposed rezoning. The callers expressed the following concerns in stating their opposition:

• increases in traffic;

• building height;

• insufficient capacity in schools to accommodate denser residential development;

• proximity to the school site;

• lack of park space in the community;

• fear of possible low income rental housing development;

• saturation of the rental housing market in the area; and

• crime.

The Transportation and Streets Department has indicated that 66 Street is capable of handling the expected amount of traffic that will be generated by the proposed development.

The Belvedere Station ARP currently places a five storey building height limit on the subject property. The proposed plan amendment and rezoning will increase the potential building height by one storey, to a maximum of six storeys, and the maximum number of units from 54 to 78.

In regard to the school capacity and proximity concerns, neither School Board expressed any concerns regarding insufficient space to accommodate a possible increase in student generation, or the proximity of the proposed development to the school site to the north.

In response to the concerns regarding a deficiency in public park space in the area, the Community Services Department has indicated that the Balwin and Belvedere Neighbourhoods are not deficient in public park space. The ARP provides for additional parkland to serve the higher density population of the area, and funds were acquired to implement that policy.

With regard to the concerns over rental units, the City of Edmonton does not regulate dwelling unit ownership through the Zoning Bylaw; that is, whether residential development is owner occupied or available for rent.

The Planning and Development Department facilitated a public meeting on July 10, 2002 at the Belvedere Community League Hall. The two Ward Councillors, the applicant and fifteen members of the community were in attendance. Some of the community members supported the applications as representing much needed rejuvenation and revitalization for the area. Some other residents expressed concerns about the viability of further commercial development on 66 Street and the effect it would have on existing commercial developments in the area. Other major concerns that were expressed included the quality of the development and the provision of adequate on-site parking for the proposed development. The proposed development will be required to meet the development restriction requirements of the Zoning Bylaw and the building standards of the Alberta Building Code. The ARP allows for a reduced parking variance due to the proximity to public transit. Concerns similar to those received via telephone calls, such as traffic, crime and rental units, were also expressed at the public meeting.

JUSTIFICATION

The Planning and Development Department recommends that Bylaws 13110 and 13133 be APPROVED on the basis that the proposed Plan amendment and rezoning, with the application of the High Rise Residential Overlay, conform to the intent of the Belvedere Station Area Redevelopment Plan by providing for high density residential development near the Belvedere LRT Station, with reduced height limitations, and are compatible with surrounding land uses.

ATTACHMENTS

2a Bylaw 13133 Proposed Amendment to Belvedere Station Area Redevelopment Plan, as amended, Schedule “B” Land Use Zoning

2b Surrounding Land Use Zones

2c Proposed Rezoning

Written by: Darren Young

Approved by: Robert Caldwell

Planning and Development Department

July 15, 2002

ATTACHMENT 2a

13110_Attach2a.pdf

ATTACHMENT 2b

13110_Attach2b.pdf

ATTACHMENT 2c

13133_Attach2c.pdf

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