Bylaw 14799

A Bylaw to amend Bylaw 12800, as amended,

The Edmonton Zoning Bylaw

Amendment No. 899

WHEREAS portions of 29-53-24-4, located north of 137 Avenue NW between 97 Street NW and Castle Downs Road NW, Griesbach, Edmonton, Alberta, are specified on the Zoning Map and Appendix I to Section 940 Special Area Griesbach as (DC2) Site Specific Development Control Provision; and

WHEREAS an application was made to rezone the above described property to (DC2) Site Specific Development Control Provision, (GLG) Griesbach Low Density Residential Zone with Garage Suites, (RF5g) Griesbach Row Housing Zone, (RA7g) Griesbach Low Rise Apartment Zone, (AP) Public Parks Zone and (PU) Public Utility Zone;

NOW THEREFORE after due compliance with the relevant provisions of the Municipal Government Act RSA 2000, ch. M-26, as amended, and not withstanding Section 720.3 of the Edmonton Zoning Bylaw, 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 portions of 29-53-24-4, located north of 137 Avenue NW between 97 Street NW and Castle Downs Road NW, Griesbach, Edmonton, Alberta, which lands are shown on the sketch plan annexed hereto as Schedule “A”, from (DC2) Site Specific Development Control Provision to (DC2) Site Specific Development Control Provision, (GLG) Griesbach Low Density Residential Zone with Garage Suites, (RF5g) Griesbach Row Housing Zone, (RA7g) Griesbach Low Rise Apartment Zone, (AP) Public Parks Zone and (PU) Public Utility Zone.

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2.  The Edmonton Zoning Bylaw is hereby further amended by deleting from it Appendix I to Schedule 940 and substituting therefore as Appendix I the map annexed hereto as Schedule “B”.

3. The uses and regulations of the aforementioned DC2 Provision are annexed hereto as Schedules "C" and “D”.

4.  The sketch plan annexed hereto as Schedule “A” and the uses and regulations of the DC2 Provision shown on Schedules “C” and “D” annexed hereto are hereby incorporated into the Zoning Bylaw, being Part IV to Bylaw 12800, The Edmonton Zoning Bylaw.

READ a first time this day of , A. D. 2007;

READ a second time this day of , A. D. 2007;

READ a third time this day of , A. D. 2007;

SIGNED and PASSED this day of , A. D. 2007.

THE CITY OF EDMONTON

______

MAYOR

______

CITY CLERK

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SCHEDULE “A”

14799_SchA.pdf

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SCHEDULE “B”

14799_SchB.pdf

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SCHEDULE “C”

(DC2) SITE SPECIFIC DEVELOPMENT CONTROL PROVISION

1. General Purpose

To allow a limited range of interim commercial, industrial, institutional and recreational use of existing buildings and land such that the future development of these lands in accordance with the Griesbach Neighbourhood

2. Area of Application

Those portions of 29-53-24-4; located south of 153 Avenue and east of Castle Downs Road, Griesbach, as shown on Schedule “C” – Map annexed to the Bylaw adopting this DC2 Provision

3. Uses

a.  Broadcasting and Motion Picture Studios

b.  Commercial Schools

c.  Community Recreation Services

d.  Custom Manufacturing Establishments

e.  Flea Markets

f.  General Industrial Uses, provided that all outdoor activity shall be screened from view from adjacent residential areas and public roadways, and that no outdoor activity shall be located within 25.0 m of any Zone or Provision that allows residential development

g.  Government Services

h.  Health Services

i.  Indoor Participant Recreation Services

j.  Outdoor Participant Recreation Services

k.  Private Clubs

l.  Private Education Services

m.  Professional, Financial and Office Support Services

n.  Public Education Services

o.  Religious Assembly

p.  Residential Sales Centres

q.  Warehouse Sales

r.  Fascia On-premises Signs

s.  Freestanding On-premises Signs

t.  Temporary On-premises Signs

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4.  Development Regulations

a.  Notwithstanding Section 720.3 (2) of the Zoning Bylaw, no Site Plan is appended to this Provision.

b.  The minimum Front Yard shall be 7.5 m.

c.  The minimum Rear Yard shall be 7.5 m.

d.  The minimum Side Yard shall be 7.5 m.

e.  The maximum building Height shall be 10.0 m for Residential Sales Centres.

f.  Signs shall comply with the regulations found in Schedule 59A of the Zoning Bylaw.

g.  No subdivision of land, including bare land condominiums, shall be allowed under this Provision.

h.  All Development Permits issued under this Provision shall expire ten years after their issuance or on September 10, 2015, whichever is sooner. No Development Permit shall be issued after September 10, 2015, unless Council approves the issuance of such a Permit by amending this Provision.

i.  No new buildings or additions to existing buildings shall be allowed under this Provision, except Residential Sales Centres may be allowed.

j.  No Use shall be approved by the Development Officer until letters acceptable to the Development Officer from Alberta Environment and Capital Health Authority have been submitted stating that the site is suitable for the proposed Use having regard for relevant Federal or Provincial environmental criteria.

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SCHEDULE “C” Map

14799_SchC.pdf

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SCHEDULE “D”

(DC2) SITE SPECIFIC DEVELOPMENT CONTROL PROVISION

1. General Purpose

To allow a limited range of low intensity, interim land uses, generally outdoors, such that the future development of these lands in accordance with the Griesbach Neighbourhood Area Structure Plan is not prejudiced.

2. Area of Application

Those portions of NE and NW 29-53-24-4; located south of 153 Avenue and east of Castle Downs Road, Griesbach, shown on Schedule “D” - Map, annexed to the Bylaw adopting this DC2 Provision

3. Uses

a.  Community Recreation Services

b.  Farms

c.  Greenhouses, Plant Nurseries and Market Gardens

d.  Outdoor Participant Recreation Services

e.  Residential Sales Centre

f.  Freestanding On-premises Signs

g.  Fascia On-premises Signs

4. Development Regulations

a.  Notwithstanding Section720.3(2) of the Zoning Bylaw, no Site Plan is appended to this Provision.

b.  The minimum Front Yard shall be 7.5m.

c.  The minimum Rear Yard shall be 7.5m.

d.  The minimum Side Yard shall be 7.5m.

e.  The maximum building Height shall be 10.0m for a Residential Sales Centre.

f.  Signs shall comply with the regulations found in Schedule59A of the Zoning Bylaw.

g.  No subdivision of land, including bare land condominiums, shall be allowed under this Provision.

h.  All Development Permits issued under this Provision shall expire ten years after their issuance or on September10, 2015, whichever is sooner. No Development Permit shall be issued after September10, 2015, unless Council approves the issuance of such a Permit by amending this Provision.

i.  No new buildings or additions to existing buildings shall be allowed under this Provision, except that Residential Sales Centres may be allowed.

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j.  No Use shall be approved by the Development Officer until letters acceptable to the Development Officer from Alberta Environment and Capital Health Authority have been submitted stating that the site is suitable for the proposed Use having regard for relevant Federal or Provincial environmental criteria.

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SCHEDULE “D” Map

14799_SchD.pdf

BYLAW14799

FILE:LDA07-0376

GRIESBACH

DESCRIPTION: ZONING BYLAW AMENDMENT and APPENDIX I TO SECTION 940 SPECIAL AREA GRIESBACH from (DC2) Site Specific Development Control Provision to (DC2) Site Specific Development Control Provision, (GLG) Griesbach Low Density Residential Zone with Garage Suites, (RF5g) Griesbach Row Housing Zone, (RA7g) Griesbach Low Rise Apartment Zone, (AP) Public Parks Zone and (PU) Public Utility Zone; GRIESBACH

LOCATION: Located north of 137 Avenue between 97 Street and Castle Downs Road

LEGAL

DESCRIPTION: Portions of 29-53-24-4

APPLICANT: Stantec Consulting Ltd.

1100 – 111 Dunsmuir Street

Vancouver, BC V6B 6A3

OWNER: Canada Lands Company Limited

K4, 3951 Trasimene Crescent SW

Calgary, AB T3E 7J6

ACCEPTANCE OF

APPLICATION: August 14, 2007

EXISTING

DEVELOPMENT: Vacant Land

PLANNING AND

DEVELOPMENT

DEPARTMENT’S

RECOMMENDATION: That Bylaw14799 to amend the Zoning Bylaw and Appendix I to Section 940 Special Area Griesbach from (DC2) Site Specific Development Control Provision to (DC2) Site Specific Development Control Provision, (GLG) Griesbach Low Density Residential Zone with Garage Suites, (RF5g) Griesbach Row Housing Zone, (RA7g) Griesbach Low Rise Apartment Zone, (AP) Public Parks Zone and (PU) Public Utility Zone be APPROVED.

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DISCUSSION

1. The Application

This is an application to rezone land from (DC2) Site Specific Development Control Provision to (DC2) Site Specific Development Control Provision and (GLG) Griesbach Low Density Residential Zone with Garage Suites, (RF5g) Griesbach Row Housing Zone, (RA7g) Griesbach Low Rise Apartment Zone, (AP) Public Parks Zone and (PU) Public Utility Zone in the south central portion of the Griesbach Neighbourhood. In conjunction with the rezoning, there is also a subdivision application being reviewed that proposes 86 low density residential lots, seven multi-family lots (approximately 180 units), a 0.65 ha park space and a 4.10 ha public utility lot (stormwater management facility).

The DC2 to DC2 portion of the rezoning reduces the area of application of the DC2 areas within the Griesbach Neighbourhood. The DC2 uses and development regulations remain untouched. This process is consistent with how the development of the area was envisioned; over time, the DC2 areas will be reduced and eventually eliminated, as lands are developed in accordance with the Griesbach NASP.

2. Site and Surrounding Area

The site subject to this rezoning is located on in the southern half of the Greisbach neighbourhood, north of 137 Avenue. The area is generally west of Pegasus Boulevard although it does extend to the east of Pegasus Boulevard, north of Cyprus Way, adjacent to areas already approved for subdivision to the east and south.

To the east, the surrounding area is zoned (GLG) Griesbach Low Density Residential with Garage Suites Zone and (GLD) Griesbach Low Density Residential and developed or currently being developed with low density (single detached and semi-detached) homes. Patricia Lake is also to the east of Pegasus Boulevard and in line with the proposed park and the public utility lot on the west side of Pegasus Boulevard.

To the south, 137 Avenue separates Griesbach from the Rosslyn Neighbourhood which is generally zoned (RF1) Single Detached Residential Zone and developed with single detached homes.

To the west and north, the area is zoned (DC2) Site Specific Development Control Provision and generally vacant. The DC2 is specific to the Griesbach area and allows the existing uses to remain until such time as the area is developed in accordance with the Griesbach NASP.

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ANALYSIS

1. Compliance with Approved Plans and Land Use Compatibility

The proposed rezoning complies with the Griesbach Neighbourhood Area Structure Plan (NASP) which identifies this area for Low Density Residential development, Medium Density Residential, Waterway / Open Space and Recreation uses. The GLG zone allows for a mix of single detached, semi detached and duplex housing opportunities as well as row housing (up to four dwellings per structure and up to five percent of the total GLG development), and garage suites on larger lots with rear detached garages on lots with rear lanes or corner lots. The (RF5g) Griesbach Row Housing Zone allows row housing with a maximum height of 12 metres or 2 ½ storeys. Single detached housing, row housing, including semi-detached housing and secondary suites, are allowed as discretionary uses. The (RA7g) Griesbach Low Rise Apartment Zone allows Apartment Housing and stacked row housing including row housing, at a maximum height of 18 metres or 4 storeys. Single-detached, semi-detached and duplex housing are allowed as a discretionary uses.

The proposed rezoning is compatible with surrounding existing and proposed development, and is in compliance with the Griesbach NASP.

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2. Smart Choices

The proposed rezoning application in the Griesbach Neighbourhood supports the Smart Choices Initiatives of Neighbourhood Re-Investment, Residential Infill, Walkability and Urban Design in the following ways:

The proposed rezoning scores well in the Neighbourhood Reinvestment Initiative since the development will be contributing to improvements to the adjacent and local infrastructure, developing new housing within this mature urban area of the City and developing amenities that include a park and stormwater management facility.

The proposal results in more housing units in the Griesbach neighbourhood as well as a mix of types of housing units which supports the Residential Infill Initiative.

The Griesbach Neighbourhood has been designed with a high level of connectivity and walkability. This application links to the edges of the Neighbourhood, will extend the linkages between the public open spaces and provide access points with walkways for easy movement through this portion of the neighbourhood.

Since a standard Griesbach-specific zoning is proposed with this application, there will be consistent standards applied to scale and massing, heights of buildings and required setbacks which contributes to the Urban Design Initiative.

3. Transportation and Utilities

The Transportation Department does not object to the proposed rezoning. The Transportation Department does however advise that the owner will be required to dedicate road right-of-way for 137 Avenue at the subdivision stage.

The Drainage Branch of Asset Management and Public Works Department has no objections to the proposed rezoning.

EPCOR Water, EPCOR Distribution, ATCO Gas, ATCO Pipelines and the other utilities circulated had no objections to the proposed rezoning.

4. Parks and School Boards

Neither the Parks Branch of the Asset Management and Public Works Department nor the School Boards have objections to the proposed rezoning.

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5. Environmental Review

At the time of the adoption of the Griesbach NASP, a Phase 1 Environmental Review was conducted. Several locations within the Plan area were identified as requiring additional information; however, this site was not one of them. The Environmental Planning Unit is satisfied that the area subject to the rezoning is suitable for its intended uses.

6. Surrounding Property Owners’ Concerns

Advance Notification of this application was sent to surrounding property owners, the Presidents of the Caernarvon Community League, the Carlisle Community League, the Evansdale Community League, the Lorelei Beaumaris Community League, the Northmount Community League, the Rosslyn Community Association, the Canadian Forces Base Edmonton Community Recreation Association, the Area Council No. 17, the Castle Downs Recreation Society, the Edmonton North District Area Council, and the Grand Trunk Recreation Council Area Council on September 27, 2007. At the time of preparing this report, three people had raised objections to the rezoning regarding the medium density residential uses proposed. All were concerned about the appropriateness of adding apartments at the proposed location in the neighbourhood and the amount of traffic the additional units would generate. One of the people objecting was also concerned about the level of service the current residents of the area have. In some of the newer areas, mail delivery has yet to be established. As well there was concern about the lack of traffic signal lights at the exits/entrances to the neighbourhood. All those who raised concerns were advised that the proposed rezoning is in accordance with the existing Griesbach NASP. At the time of approval, traffic studies were reviewed and accepted by the Transportation Department. As with all new development areas, services do take time to be put into place and that the service provider should be contacted for individual concerns.