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City Council Public Hearing

Meeting Minutes1 of 16

February 15, 2005, nr

CITY COUNCIL PUBLIC HEARING MINUTES

Tuesday, February 15, 2005

PRESENT:S. Mandel; B. Anderson, J. Batty, T. Cavanagh, R. Hayter, K. Krushell,
K. Leibovici, J. Melnychuk, M. Nickel, M. Phair, L. Sloan, D. Thiele.

ABSENT:E.Gibbons.

ALSO IN ATTENDANCE:
K.Fung, Corporate Services Department (Law)
J.Wright, Office of the City Clerk

A.CALL TO ORDER AND RELATED BUSINESS

A.1.CALL TO ORDER

ActingMayor R.Hayter called the meeting to order at1:31 p.m.

Mayor S.Mandel; and Councillors J. Batty, E.Gibbons, K.Krushell, K.Leiboviciand
J.Melnychuk were absent.

A.2.ADOPTION OF AGENDA

MOVED T.Cavanagh – M.Phair:

That the February 15, 2005, City Council Public Hearing meeting agenda be adopted.

CARRIED

FOR THE MOTION:B.Anderson, T.Cavanagh, R.Hayter, M. Nickel,
M.Phair, L.Sloan, D. Thiele.

ABSENT:S.Mandel; J. Batty, E. Gibbons, K. Krushell,
K.Leibovici, J.Melnychuk

A.5.EXPLANATION OF THE PUBLIC HEARING PROCESS

Mayor S.Mandel explained the public hearing process.

Councillors J. Batty and K.Krushell entered the meeting.

A.6.CALL FOR PERSONS TO SPEAK

J.Wright, Office of the City Clerk, asked whether there were any persons present to speak to the following bylaws:

L.BYLAWS

ActingMayor R.Hayter asked if there was any objection to Bylaws 13831 and 13832 being read together. No one objected.

L.2.a.Bylaw 13831 – To amend Bylaw 10704, as amended, being a bylaw to amend the Boyle Street/McCauley Area Redevelopment Plan

L.2.b.Bylaw 13832 – To amend the Zoning Bylaw from (DC1) Direct Development Control Provision to (DC2) Site Specific Development Control Provision; located south of Jasper Avenue and west of
95 Street, Boyle Street

D. Hamilton, David Hamilton Architect Ltd., was in attendance to speak in favour of the passing of Bylaws 13831 and 13832.

L.1.a.Bylaw 13656 – To amend The Zoning Bylaw from (AG) Agricultural Zone to (PU) Public Utility Zone, (RF4) Semi-detached Residential Zone and (RA7) Low Rise Apartment Zone; located east of 156 Street and south of 16 Avenue, South Terwillegar

PURPOSE

There were no persons present to speak to the passing of Bylaw 13656.

L.1.b.Bylaw 13902 – To amend the Zoning Bylaw from (AGU) Urban Reserve Zone, (AG) Agricultural Zone, (PU) Public Utility Zone and (RSL) Residential Small Lot Zone to (AP) Public Parks Zone, (RPL) Planned Lot Residential Zone, (RSL) Residential Small Lot Zone and (PU) Public Utility Zone; located south of 162 Avenue and west of Manning Drive, Brintnell

B.Thoman was in attendance to speak in favour of the passing of Bylaw 13902.

Councillor K.Leibovici entered the meeting.

L.1.c.Bylaw 13905 – To close two portions of road right-of-way west of
50 Street and a portion of Draper Street north of 153 Avenue, Hollick Kenyon

There were no persons present to speak to the passing of Bylaw 13905.

L.1.d.Bylaw 13904 – To amend the Zoning Bylaw from (DC2) Site Specific Development Control Provision to (DC2) Site Specific Development Control Provision; located at 13150 – 137 Avenue, Pembina

There were no persons present to speak to the passing of Bylaw 13904.

L.1.e.Bylaw 13907 – To amend the Zoning Bylaw from (AG) Agricultural Zone to (RPL) Planned Lot Residential Zone; located north of
90 Avenue and east215 Street (Winterburn Road), Suder Greens

J.Davis, Melcor Developments, was in attendance to speak in favour of the passing of Bylaw 13907.

L.1.a.Bylaw 13656 – To amend The Zoning Bylaw from (AG) Agricultural Zone to (PU) Public Utility Zone, (RF4) Semi-detached Residential Zone and (RA7) Low Rise Apartment Zone; located east of 156 Street and south of 16 Avenue, South Terwillegar 

L.1.b.Bylaw 13902 – To amend the Zoning Bylaw from (AGU) Urban Reserve Zone, (AG) Agricultural Zone, (PU) Public Utility Zone and (RSL) Residential Small Lot Zone to (AP) Public Parks Zone, (RPL) Planned Lot Residential Zone, (RSL) Residential Small Lot Zone and (PU) Public Utility Zone; located south of 162 Avenue and west of Manning Drive, Brintnell 

L.1.c.Bylaw 13905 – To close two portions of road right-of-way west of
50 Street and a portion of Draper Street north of 153 Avenue, Hollick Kenyon 

L.1.d.Bylaw 13904 – To amend the Zoning Bylaw from (DC2) Site Specific Development Control Provision to (DC2) Site Specific Development Control Provision; located at 13150 – 137 Avenue, Pembina 

MOVED B.Anderson – T.Cavanagh:

That the public hearing on Bylaws 13656, 13902, 13905 and 13904 be closed.

CARRIED

FOR THE MOTION:B. Anderson, J. Batty, T. Cavanagh, R. Hayter,
K. Krushell, K. Leibovici,M. Nickel, M. Phair,
L. Sloan, D. Thiele.

ABSENT:S.Mandel;E.Gibbons, J.Melnychuk.

MOVED B.Anderson – T.Cavanagh:

That Bylaws 13656, 13902, 13905 and 13904 be read a first time.

CARRIED

FOR THE MOTION:B. Anderson, J. Batty, T. Cavanagh, R. Hayter,
K. Krushell, K. Leibovici,M. Nickel, M. Phair,
L. Sloan, D. Thiele.

ABSENT:S.Mandel; E.Gibbons, J.Melnychuk.

MOVED B.Anderson – T.Cavanagh:

That Bylaws 13656, 13902, 13905 and 13904 be read a second time.

CARRIED

FOR THE MOTION:B. Anderson, J. Batty, T. Cavanagh, R. Hayter,
K. Krushell, K. Leibovici,M. Nickel, M. Phair,
L. Sloan, D. Thiele.

ABSENT:S.Mandel; E.Gibbons, J.Melnychuk.

MOVED B.Anderson – T.Cavanagh:

That Bylaws 13656, 13902, 13905 and 13904 be considered for third reading.

CARRIED

FOR THE MOTION:B. Anderson, J. Batty, T. Cavanagh, R. Hayter,
K. Krushell, K. Leibovici,M. Nickel, M. Phair,
L. Sloan, D. Thiele.

ABSENT:S.Mandel; E.Gibbons, J.Melnychuk.

MOVED B.Anderson – T.Cavanagh:

That Bylaws 13656, 13902, 13905 and 13904 be read a third time. / Distribution List

CARRIED

FOR THE MOTION:B. Anderson, J. Batty, T. Cavanagh, R. Hayter,
K. Krushell, K. Leibovici,M. Nickel, M. Phair,
L. Sloan, D. Thiele.

ABSENT:S.Mandel; E.Gibbons, J.Melnychuk.

A.4.URGENT MATTERS - PROTOCOL ITEMS

A.4.a.Welcome to the Mature Adults Group of RioTerraceMoravianChurch (R.Hayter)

On behalf of City Council, Acting Mayor R. Hayter welcomed M.A.T.T. (the Mature Adults Group of RioTerraceMoravianChurch), co-ordinated by LucilleStory.

L.BYLAWS

L.2.a.Bylaw 13831 – To amend Bylaw 10704, as amended, being a bylaw to amend the Boyle Street/McCauley Area Redevelopment Plan 

L.2.b.Bylaw 13832 – To amend the Zoning Bylaw from (DC1) Direct Development Control Provision to (DC2) Site Specific Development Control Provision; located south of Jasper Avenue and west of
95 Street, Boyle Street

M. Hall, Planning and Development Department, made a presentation.

Councillor J.Melnychuk entered the meeting.

D. Hamilton, David Hamilton Architect Ltd., made a presentation and answered Council’s questions. Copies of a letter dated February 15, 2005, from D. Hamilton together with copies of a site plan were distributed to Members of Council and a copy was filed with the Office of the City Clerk.

Mayor S.Mandel entered the meeting. ActingMayor R.Hayter vacated the Chair and Mayor
S.Mandel presided.

M. Hall, Planning and Development Department, answered Council’s questions.

Mayor S.Mandel vacated the Chair and Acting Mayor R. Hayter presided. Mayor S.Mandel left the meeting.

B. Latte, Transportation and Streets Department, answered Council’s questions.

Mayor S.Mandel re-entered the meeting. ActingMayor R.Hayter vacated the Chair and Mayor S.Mandel presided.

K.Fung, Corporate Services Department (Law), answered Council’s questions.

Mayor S.Mandel vacated the Chair and Acting Mayor R. Hayter presided.

MOVED S.Mandel – J. Batty:

That any Member of Council who may wish to do so be allowed to speak for an additional five minutes.

CARRIED

FOR THE MOTION:S. Mandel; B. Anderson, J. Batty, T. Cavanagh,
R. Hayter, K. Krushell, K. Leibovici, J. Melnychuk,
M. Phair, L. Sloan, D. Thiele.

OPPOSED:M. Nickel.

ABSENT:E.Gibbons.

ActingMayor R.Hayter vacated the Chair and Mayor S.Mandel presided.

M. Hall, Planning and Development Department; B. Latte, Transportation and Streets Department; and K.Fung, Corporate Services Department (Law), answered Council’s questions.

MOVED M.Phair – D. Thiele:

That Bylaw 13832 – Schedule B be amended as follows:

1.Section 1 - General Purpose - shall be revised by removing the first sentence and replacing it with:

To accommodate a medium rise apartment building with commercial uses permitted on portions of the main floor fronting onto Jasper Avenue and required in other portions of the main floor fronting onto Jasper Avenue.

2.Section 4(b) shall be replaced with the following:

(i)Commercial Uses shall be required on, and restricted to, the main floor area of the building along Jasper Avenue as shown on the Site Plan. This commercial space shall be at grade level with the street.

(ii)Commercial Uses shall be permitted on, and restricted to, the main floor area of the building along Jasper Avenue as shown on the Site Plan. This area of the building shall be designed and constructed for commercial uses. This space may be converted to Apartment Housing but can be converted back to commercial uses at any time.

3.Section 4(d) shall be replaced with the following:

The maximum number of Dwellings shall be 107.

4.Sections 4(f)shall be replaced with the following:

The main entrance and lobby area to the Apartment Housing Uses shall be located entirely off 101A Avenue and that the site plan Appendix I be amended accordingly.

  1. Section 4(n)shall be deleted.

6.In Section 4(a) of the Development Regulations, the Site Plan, Appendix I, and the Elevation Plan, Appendix II, shall be replaced with the revised Site Plan ZB/04-0033 and a new Elevation Plan to reflect the above changes.

Mayor S.Mandel asked if there was any new information anyone in attendance wished to address.

D. Hamilton, David Hamilton Architect Ltd., answered Council’s questions.

MOVED K.Leibovici – S. Mandel:

That the following Motion on the Floor and Bylaws 13831 and 13832 be referred back to Administration to return to the March 7, 2005, City Council Public Hearing meeting at 3:45 p.m.:
MOVED M.Phair – D. Thiele (Made at the February 15, 2005, City Council Public Hearing meeting):
That Bylaw 13832 – Schedule B be amended as follows:
1.Section 1 - General Purpose - shall be revised by removing the first sentence and replacing it with:
To accommodate a medium rise apartment building with commercial uses permitted on portions of the main floor fronting onto Jasper Avenue and required in other portions of the main floor fronting onto Jasper Avenue.
2.Section 4(b) shall be replaced with the following:
(i)Commercial Uses shall be required on, and restricted to, the main floor area of the building along Jasper Avenue as shown on the Site Plan. This commercial space shall be at grade level with the street.
(ii)Commercial Uses shall be permitted on, and restricted to, the main floor area of the building along Jasper Avenue as shown on the Site Plan. This area of the building shall be designed and constructed for commercial uses. This space may be converted to Apartment Housing but can be converted back to commercial uses at any time.
3.Section 4(d) shall be replaced with the following:
The maximum number of Dwellings shall be 107.
4.Sections 4(f) shall be replaced with the following:
The main entrance and lobby area to the Apartment Housing Uses shall be located entirely off 101A Avenue and that the site plan Appendix I be amended accordingly.
5.Section 4(n) shall be deleted.
6.In Section 4(a) of the Development Regulations, the Site Plan, Appendix I, and the Elevation Plan, Appendix II, shall be replaced with the revised Site Plan ZB/04-0033 and a new Elevation Plan to reflect the above changes. / Planning & Dev.
Due:Mar. 7, 2005
3:45 p.m.
Planning & Dev.
Due: Mar. 7, 2005
3:45 p.m.

CARRIED

FOR THE MOTION:S. Mandel; B. Anderson, J. Batty, T. Cavanagh,
K. Krushell, K. Leibovici,J. Melnychuk, M. Nickel,
M. Phair, L. Sloan, D. Thiele.

OPPOSED:R.Hayter.

ABSENT:E.Gibbons.

Bylaws 13831 and 13832

Councillors B.Anderson, R.Hayter andK.Leibovici attended all of the discussion with respect to the public hearing on this Bylaw.

Mayor S.Mandel and Councillors J. Batty, T. Cavanagh, E. Gibbons, K. Krushell, J. Melnychuk, M. Nickel, L. Sloan, M. Phair and D. Thiele were absent from part of the discussion with respect to the public hearing on this Bylaw.

A.5.EXPLANATION OF THE PUBLIC HEARING PROCESS

Mayor S.Mandel explained the public hearing process.

A.6.CALL FOR PERSONS TO SPEAK

J.Wright, Office of the City Clerk, asked whether there were any persons present to speak to the following bylaws:

L.BYLAWS

L.1.f.Bylaw 13805 – To amend Bylaw 12608, being theCameronHeights Neighbourhood Area Structure Plan 

R.Noce, DuncanCraig;S.O’Byrne; R. Hiebert; and B.Clough, JCA Financial (in favour); andS.Hansen, Chairman, Edmonton Public School Board; R. Labbe, Planner, School and District Services, Edmonton Public Schools (to answer questions); J. Davies, Edmonton Public Schools; D. Haldane, Parlee McLaws; and M. Pieters (in opposition), were in attendance to speak to the passing of Bylaw 13805.

L.1.g.Bylaw 13843 – To amend the Zoning Bylawfrom (IM) Medium Industrial Zone and (RMH) Mobile Home Zone to (RMH) Mobile Home Zone and (IM) Medium Industrial Zone; located at 231 Street and approximately 109 Avenue, Winterburn Industrial Area West 

K. Wakefield, FraserMilnerCasgrain; F.Michel, WestviewVillage; D. Kuhn, Northlands Investments; A. Stankievich, Al-Terra Engineering (in favour); and B. Donahue (in opposition), were in attendance to speak to the passing of Bylaw 13843.

L.1.f.Bylaw 13805 – To amend Bylaw 12608, being theCameronHeights Neighbourhood Area Structure Plan 

MOVED B.Anderson – J. Batty (Made at the November 2, 2004, City Council Public Hearing meeting):

That Bylaw 13805 be read a first time.

AMENDMENT MOVED K.Leibovici – B.Anderson (Made at the November 2, 2004, City Council Public Hearing meeting):

That Bylaw 13805 be amended by deleting section p) 5.4.2 Urban Services, and replacing it with the following:

5.4.2 Urban Services

As Shown on Figure 6.0, a 1.23 ha Urban Services site is located immediately to the north of the Cameron Heights Drive collector roadway and south and west of the MDR2 site. The 1.23 ha Urban Services land use shall be developed under a DC2 (Site Specific Development Control) Provision. The DC2 shall achieve the following objectives:

5.4.2.1 The use of the site shall be limited to charter school services, uses that are accessory to charter school services and on-premises signs.

5.4.2.2 The DC2 shall include additional regulations to limit the impact of the development on the surrounding neighbourhood.

5.4.2.3 It shall be a condition of a development permit that the owner enter into an agreement with the City to ensure joint access of the public to the school building and the school users to the surrounding park site in the same manner as joint access is provided for public schools.

Mayor S.Mandel vacated the Chair and Acting Mayor R. Hayter presided.

MOVED S.Mandel – J.Melnychuk:

That the following Motion and Amendment on the Floor and Bylaw 13805 be postponed to the March 7, 2005, City Council Public Hearing meeting at 3:45 p.m.:
MOVED B.Anderson – J. Batty (Made at the November 2, 2004, City Council Public Hearing meeting):
That Bylaw 13805 be read a first time.
AMENDMENT MOVED K.Leibovici – B.Anderson (Made at the November 2, 2004, City Council Public Hearing meeting):
That Bylaw 13805 be amended by deleting section p) 5.4.2 Urban Services, and replacing it with the following:
5.4.2 Urban Services
As Shown on Figure 6.0, a 1.23 ha Urban Services site is located immediately to the north of the Cameron Heights Drive collector roadway and south and west of the MDR2 site. The 1.23 ha Urban Services land use shall be developed under a DC2 (Site Specific Development Control) Provision. The DC2 shall achieve the following objectives:
5.4.2.1 The use of the site shall be limited to charter school services, uses that are accessory to charter school services and on-premises signs.
5.4.2.2 The DC2 shall include additional regulations to limit the impact of the development on the surrounding neighbourhood.
5.4.2.3 It shall be a condition of a development permit that the owner enter into an agreement with the City to ensure joint access of the public to the school building and the school users to the surrounding park site in the same manner as joint access is provided for public schools. / Planning & Dev.
Due: Mar. 7, 2005
3:45 p.m.
Planning & Dev.
Due: Mar. 7, 2005
3:45 p.m.

CARRIED

FOR THE MOTION:S. Mandel; B. Anderson, J. Batty, T. Cavanagh,
R. Hayter, K. Krushell, K. Leibovici, J. Melnychuk,
M. Phair, L. Sloan, D. Thiele.

ABSENT:E.Gibbons, M. Nickel.

Bylaw 13805

Mayor S. Mandel and Councillors B. Anderson, J. Batty, T. Cavanagh, E. Gibbons, R. Hayter,
K. Krushell, K. Leibovici, J. Melnychuk, M. Nickel, M. Phair, D. Thiele and L. Sloan were absent from part of the discussion with respect to the public hearing on this Bylaw.

L.1.e.Bylaw 13907 – To amend the Zoning Bylaw from (AG) Agricultural Zone to (RPL) Planned Lot Residential Zone; located north of
90 Avenue and east215 Street (Winterburn Road), Suder Greens

J.Davis, Melcor Developments, answered Council’s questions.

B. Latte, Transportation and Streets Department; and B.Kropf, Planning and Development Department, answered Council’s questions.

MOVED K.Leibovici – S. Mandel:

That the January 10, 2005, Planning and Development Department report 2005PDP329 be amended to reflect the same conditions as outlined in the January 10, 2005, Planning and Development Department report 2005PDP325 with respect to transportation and utility concerns. / Planning & Dev.

CARRIED

FOR THE MOTION:S. Mandel; B. Anderson, J. Batty, T. Cavanagh,
K. Krushell, K. Leibovici, J. Melnychuk,M. Phair,
L. Sloan, D. Thiele.

ABSENT:E.Gibbons, R.Hayter, M. Nickel.

MOVED K.Leibovici – M.Phair:

That the public hearing on Bylaw 13907 be closed.

CARRIED

FOR THE MOTION:S. Mandel; B. Anderson, J. Batty, T. Cavanagh,
K. Krushell, K. Leibovici, J. Melnychuk,M. Phair,
L. Sloan, D. Thiele.

ABSENT:E.Gibbons, R.Hayter, M. Nickel.

MOVED K.Leibovici – M.Phair:

That Bylaw 13907 be read a first time.

CARRIED

FOR THE MOTION:S. Mandel; B. Anderson, J. Batty, T. Cavanagh,
R. Hayter, K. Krushell, K. Leibovici, J. Melnychuk,
M. Phair,L. Sloan, D. Thiele.

ABSENT:E.Gibbons, M. Nickel.

MOVED K.Leibovici – M.Phair:

That Bylaw 13907 be read a second time.

CARRIED

FOR THE MOTION:S. Mandel; B. Anderson, J. Batty, T. Cavanagh,
R. Hayter, K. Krushell, K. Leibovici, J. Melnychuk,
M. Phair,L. Sloan, D. Thiele.

ABSENT:E.Gibbons, M. Nickel.

MOVED K.Leibovici – M.Phair:

That Bylaw 13907 be considered for third reading.

CARRIED

FOR THE MOTION:S. Mandel; B. Anderson, J. Batty, T. Cavanagh,
R. Hayter, K. Krushell, K. Leibovici, J. Melnychuk,
M. Phair,L. Sloan, D. Thiele.

ABSENT:E.Gibbons, M. Nickel.

MOVED K.Leibovici – M.Phair:

That Bylaw 13907 be read a third time. / Distribution List

CARRIED

FOR THE MOTION:S. Mandel; B. Anderson, J. Batty, T. Cavanagh,
R. Hayter, K. Krushell, K. Leibovici, J. Melnychuk,
M. Phair,L. Sloan, D. Thiele.

ABSENT:E.Gibbons, M. Nickel.

L.1.g.Bylaw 13843 – To amend the Zoning Bylawfrom (IM) Medium Industrial Zone and (RMH) Mobile Home Zone to (RMH) Mobile Home Zone and (IM) Medium Industrial Zone; located at 231 Street and approximately 109 Avenue, Winterburn Industrial Area West 

B.Kropf, Planning and Development Department, made a presentation.

K. Wakefield,FraserMilnerCasgrain, made a presentation and answered Council’s questions.

Orders of the Day were called.

Council recessed at 3:30 p.m.

Council reconvened at 3:52 p.m.