CITY COUNCIL PUBLIC HEARING MINUTES
Thursday, February 13, 2003
PRESENTB. Anderson, J. Batty, A. Bolstad, T. Cavanagh, E. Gibbons*, R. Hayter,
K. Leibovici, L. Langley, S. Mandel, J. Melnychuk, M. Phair, D. Thiele.
ABSENT:B. Smith.
ALSO IN ATTENDANCE:
G. Heaton, Corporate Services Department (Law)
A. Sinclair, Office of the City Clerk
*Participated via telephone.
A.CALL TO ORDER AND RELATED BUSINESS
A.1.CALL TO ORDER
Deputy Mayor S. Mandel called the meeting to order at 1:30 p.m.
Mayor B. Smith; Councillors J. Batty, E. Gibbons, R. Hayter, K. Leibovici and M. Phair were absent.
A.2.ADOPTION OF AGENDA
MOVED T. Cavanagh – J. Melnychuk:
That the City Council Public Hearing agenda for the February 13, 2003, meeting be adopted.
CARRIED
FOR THE MOTION:B. Anderson, A. Bolstad, T. Cavanagh, L. Langley,
S. Mandel, J. Melnychuk, D. Thiele.
ABSENT:B. Smith; J. Batty, E. Gibbons, R. Hayter,
K. Leibovici, M. Phair.
Councillor J. Batty entered the meeting.
A.4.EXPLANATION OF THE PUBLIC HEARING PROCESS
Deputy Mayor S. Mandel explained the public hearing process.
A.5.CALL FOR PERSONS TO SPEAK
A. Sinclair, Office of the City Clerk, asked whether there were any persons present to speak to the following bylaws:
L.BYLAWS
L.1FIRST, SECOND AND THIRD READING BYLAWS
L.1.a.Bylaw 13265 – To amend the Zoning Bylaw from (AGI) Industrial Reserve Zone to (IM) Medium Industrial Zone; located east of 97 Street and north of 54 Avenue, Coronet Industrial.
PURPOSE
To accommodate general industrial uses.
There were no persons present to speak to the passing of Bylaw 13265.
L.1.b.Bylaw 13266 – To amend the Zoning Bylaw from (AGU) Urban Reserve Zone to (RSL) Residential Small Lot Zone; located north of 23 Avenue and west of Rabbit Hill Road, Leger.
PURPOSE
To amend the Zoning Bylaw as it applies to this site from AGU to RSL. The proposed use is single detached residential development.
There were no persons present to speak to the passing of Bylaw 13266.
L.1.c.Bylaw 13267 – To amend the Zoning Bylaw from (DC2) Site Specific Development Control Provision to (IB) Industrial Business Zone; located at 5682 – 75 Street, McIntyre Industrial.
PURPOSE
To amend the Zoning in order to accommodate a range of light industrial and compatible non-industrial business uses.
J. Low, James Low & Associates Inc., was in attendance to answer questions in favour of the passing of Bylaw 13261.
L.1.d.Bylaw 13268 – To close a portion of Road Plan 5591 MC; located at the south-east corner of 122 Street and 51 Avenue, Malmo Plains.
PURPOSE
To close a portion of 51 Avenue and 122 Street. Once closed, the area will be consolidated with the abutting property.
C. Odinga was in attendance to answer questions in favour of the passing of Bylaw 13268.
L.1.a.Bylaw 13265 – To amend the Zoning Bylaw from (AGI) Industrial Reserve Zone to (IM) Medium Industrial Zone; located east of 97 Street and north of 54 Avenue, Coronet Industrial.
L.1.b.Bylaw 13266 – To amend the Zoning Bylaw from (AGU) Urban Reserve Zone to (RSL) Residential Small Lot Zone; located north of 23 Avenue and west of Rabbit Hill Road, Leger.
L.1.c.Bylaw 13267 – To amend the Zoning Bylaw from (DC2) Site Specific Development Control Provision to (IB) Industrial Business Zone; located at 5682 – 75 Street, McIntyre Industrial.
MOVED T. Cavanagh – J. Melnychuk:
That the public hearing on Bylaws 13265, 13266 and 13267 be closed.
CARRIED
FOR THE MOTION:B. Anderson, J. Batty, A. Bolstad, T. Cavanagh,
L. Langley, S. Mandel, J. Melnychuk, D. Thiele.
ABSENT:B. Smith; E. Gibbons, R. Hayter, K. Leibovici,
M. Phair.
MOVED T. Cavanagh – J. Melnychuk:
That Bylaws 13265, 13266 and 13267 be read a first time.
CARRIED
FOR THE MOTION:B. Anderson, J. Batty, A. Bolstad, T. Cavanagh,
L. Langley, S. Mandel, J. Melnychuk, D. Thiele.
ABSENT:B. Smith; E. Gibbons, R. Hayter, K. Leibovici,
M. Phair.
MOVED T. Cavanagh – J. Melnychuk:
That Bylaws 13265, 13266 and 13267 be read a second time.
CARRIED
FOR THE MOTION:B. Anderson, J. Batty, A. Bolstad, T. Cavanagh,
L. Langley, S. Mandel, J. Melnychuk, D. Thiele.
ABSENT:B. Smith; E. Gibbons, R. Hayter, K. Leibovici,
M. Phair.
MOVED T. Cavanagh – J. Melnychuk:
That Bylaws 13265, 13266 and 13267 be considered for third reading.
CARRIED
FOR THE MOTION:B. Anderson, J. Batty, A. Bolstad, T. Cavanagh,
L. Langley, S. Mandel, J. Melnychuk, D. Thiele.
ABSENT:B. Smith; E. Gibbons, R. Hayter, K. Leibovici,
M. Phair.
MOVED T. Cavanagh – J. Melnychuk:
That Bylaws 13265, 13266 and 13267 be read a third time. / Distribution ListCARRIED
FOR THE MOTION:B. Anderson, J. Batty, A. Bolstad, T. Cavanagh,
L. Langley, S. Mandel, J. Melnychuk, D. Thiele.
ABSENT:B. Smith; E. Gibbons, R. Hayter, K. Leibovici,
M. Phair.
Councillor M. Phair entered the meeting.
L.1.d.Bylaw 13268 – To close a portion of Road Plan 5591 MC; located at the south-east corner of 122 Street and 51 Avenue, Malmo Plains.
C. Odinga, Kasian Kennedy, answered Council’s questions.
G. Heaton, Corporate Services Department (Law); and P. Arendt, Planning and Development Department, answered Council’s questions.
Councillors R. Hayter and K. Leibovici entered the meeting.
G. Heaton, Corporate Services Department (Law); P. Arendt, Planning and Development Department; and R. Davis, Transportation and Streets Department, answered Council’s questions.
MOVED B. Anderson – L. Langley:
That Bylaw 13268 be referred back to Administration to return to the March 4, 2003, City Council Public Hearing meeting at 2 p.m. with a report containing the following information and documentation:- A copy of the protocol referred to by Administration;
- An “Abide By” letter from the University of Alberta that is dated currently;
- Whether or not this piece of property is going to be amalgamated to a piece of property that the new owner will, or will not, pay taxes on;
- Any information about the lot immediately east of the property being dealt with in Bylaw 13268.
Due: March 4, 2003
@ 2 p.m.
CARRIED
FOR THE MOTION:B. Anderson, J. Batty, A. Bolstad, T. Cavanagh,
R. Hayter, L. Langley, K. Leibovici, S. Mandel,
J. Melnychuk, M. Phair, D. Thiele.
ABSENT:B. Smith; E. Gibbons.
Bylaw 13268:
Mayor B. Smith; and Councillor E Gibbons were absent for the entire discussion with respect to the public hearing on this Bylaw. Councillors R. Hayter and K. Leibovici were absent from part of the discussion with respect to the public hearing on this Bylaw.
Councillors B. Anderson, J. Batty, A. Bolstad, T. Cavanagh, L. Langley, J. Melnychuk, M. Phair and D. Thiele attended all of the discussion with respect to the public hearings on this Bylaw.
Orders of the Day were called.
Council recessed at 1:47 p.m.
Council reconvened at 2:00 p.m.
Mayor B. Smith; Councillors E. Gibbons and K. Leibovici were absent.
Deputy Mayor S. Mandel presided.
A.4.EXPLANATION OF THE PUBLIC HEARING PROCESS
Deputy Mayor S. Mandel explained the public hearing process.
A.5.CALL FOR PERSONS TO SPEAK
A. Sinclair, Office of the City Clerk, asked whether there were any persons present to speak to the following bylaws:
Deputy Mayor S. Mandel asked if there was any objection to item E.1.a. and Bylaw 13258 being read together. No one objected.
E.REPORTS RELATED TO EXECUTIVE COMMITTEE MATTERS
E.1.a.ADOPTION OF AN AMENDMENT TO THE CASTLE DOWNS OUTLINE PLAN (Baranow Area) for Lot C, Block 11, Plan 8350AC; Baranow.
L.BYLAWS
L.1FIRST, SECOND AND THIRD READING BYLAWS
L.1.e.Bylaw 13258 - To amend the Zoning Bylaw from (AGU) Urban Reserve Zone to (RA7) Low Rise Apartment Zone; located at 12550 - 140 Avenue, Baranow.
PURPOSE
To facilitate low-rise apartment development on the subject site.
R. Noce, Duncan & Craig; L. Newton, Stantec Consulting Ltd. (to answer questions); and
S. O’Bryne, Stantec Consulting Ltd. (to answer questions) were in attendance to speak in favour of the passing of item E.1.a. and Bylaw 13258.
L.1.f.Bylaw 12826 - To amend the Zoning Bylaw from (AG)Agricultural Zone to (DC2)Site Specific Development Control Provision and (A) Metropolitan Recreation Zone; located north of 16 Avenue and east of 170 Street,Rural South West.
PURPOSE
To amend the Zoning Bylaw to allow single detached residential development without a full range of urban infrastructure and services on residential lots and apply (A) Metropolitan Recreation Zone to the land below the top-of-bank and within the North Saskatchewan River Valley.
R. Noce, Duncan & Craig; E. Lee, E/A Lee Consulting; and R. Dacyk, GPEC Consulting, were in attendance to speak in favour of the passing of Bylaw 12826.
Deputy Mayor S. Mandel asked if there was any objection to Bylaw 13263 and Bylaw 13264 being read together. No one objected.
L.1.g.Bylaw 13263 – To amend Bylaw 6055, as amended, being the Burnewood Neighbourhood Area Structure Plan.
PURPOSE
To redesignate a 1.17 ha site at the northeast corner of 44 Avenue and 50 Street from “Townhousing” to “Institutional” and “Commercial”.
L.1.h.Bylaw 13264 – To amend the Zoning Bylaw from (DC2) Site Specific Development Control Provision and (RF1) Single Detached Residential Zone to (DC2) Site Specific Development Control Provision and (US) Urban Services Zone; located at 4461 – 50 Street, Burnewood.
PURPOSE
To amend the Zoning Bylaw as it applies to this site from RF1 and DC2 and to US and DC2. The proposed US Zone would apply to a portion of the site currently developed with a religious assembly and associated parking areas. Two separate DC2 Provisions are proposed. One would accommodate an Accessory Parking lot, and the second, a limited range of commercial use opportunities in the form of “Speciality Food Services” and “Drive-In Food Services”.
M. Hundert, MH Project Planning (in favour); and B. Goodwin (in opposition), were in attendance to speak to the passing of Bylaws 13263 and 13264.
Councillor E. Gibbons entered the meeting via the telephone.
Councillor K. Leibovici entered the meeting.
L.1.f.Bylaw 12826 - To amend the Zoning Bylaw from (AG)Agricultural Zone to (DC2)Site Specific Development Control Provision and (A) Metropolitan Recreation Zone; located north of 16 Avenue and east of 170 Street,Rural South West.
MOVED D. Thiele – J. Batty:
That Bylaw 12826 be postponed to the May 22, 2003, City Council Public Hearing meeting, at 2 p.m. / Planning & Dev.Due: May 22, 2003
@ 2 p.m.
CARRIED
FOR THE MOTION:B. Anderson, J. Batty, A. Bolstad, T. Cavanagh,
E. Gibbons, R. Hayter, L. Langley, K. Leibovici,
S. Mandel, J. Melnychuk, M. Phair, D. Thiele.
ABSENT:B. Smith.
Bylaw 12826:
Mayor B. Smith was absent from the entire discussion with respect to the public hearing on this Bylaw.
Councillors B. Anderson, J. Batty, A. Bolstad, T. Cavanagh, E. Gibbons, R. Hayter, L. Langley, K. Leibovici, S. Mandel, J. Melnychuk, M. Phair and D. Thiele attended all of the discussion with respect to the public hearings on this Bylaw.
E.REPORTS RELATED TO EXECUTIVE COMMITTEE MATTERS
E.1.a.ADOPTION OF AN AMENDMENT TO THE CASTLE DOWNS OUTLINE PLAN (Baranow Area) for Lot C, Block 11, Plan 8350AC; Baranow.
L.BYLAWS
L.1FIRST, SECOND AND THIRD READING BYLAWS
L.1.e.Bylaw 13258 - To amend the Zoning Bylaw from (AGU) Urban Reserve Zone to (RA7) Low Rise Apartment Zone; located at 12550 - 140 Avenue, Baranow.
B. Kropf, Planning and Development Department, made a presentation.
R. Noce, Duncan & Craig, made a presentation and answered Council’s questions. Documents entitled “Baranow – Bylaw 13258, City of Edmonton Council Meeting, January 22, 2003” were distributed to Members of Council and a copy filed with the Office of the City Clerk.
L. Newton, Stantec Consulting, answered Council’s questions.
G. Heaton, Corporate Services Department (Law); B. Kropf, Planning and Development Department; and R. Davis, Transportation and Streets Department, answered Council’s questions.
Deputy Mayor S. Mandel asked if there was any new information anyone in attendance wished to address.
R. Noce, Duncan & Craig, made a further presentation.
(Cont’d on p. 10).
Orders of the Day were called
Council recessed at 3:31 p.m.
Council reconvened at 3:47 p.m.
Mayor B. Smith; Councillors A. Bolstad, E. Gibbons, L. Langely and D. Thiele were absent.
Deputy Mayor S. Mandel presided.
L.BYLAWS
L.1FIRST, SECOND AND THIRD READING BYLAWS
L.2.a.Bylaw 13256 – To amend Bylaw 11618, as amended, being the Oliver Area Redevelopment Plan.
PURPOSE
To allow for the development of a medium rise apartment building.
L.2.b.Bylaw 13257 – To amend the Zoning Bylaw from (RA7) Low Rise Apartment Zone to (DC2) Site Specific Development Control Provision; located west of 117 Street and south of 104 Avenue,
Oliver.
PURPOSE
To amend the Zoning for a medium rise apartment development with a density higher than that which is allowed under the RA7 Zone.
MOVED J. Batty – B. Anderson:
That Bylaws 13256 and 13257 be postponed to the March 4, 2003, City Council Public Hearing meeting, at 3:45 p.m. / Planning & Dev.Due: March 4, 2003
@ 3:45 p.m.
CARRIED
FOR THE MOTION:B. Anderson, J. Batty, T. Cavanagh, R. Hayter,
K. Leibovici, S. Mandel, J. Melnychuk, M. Phair.
ABSENT:B. Smith; A. Bolstad, E. Gibbons, L. Langley,
D. Thiele.
Councillor A. Bolstad entered the meeting.
E.REPORTS RELATED TO EXECUTIVE COMMITTEE MATTERS
E.1.a.ADOPTION OF AN AMENDMENT TO THE CASTLE DOWNS OUTLINE PLAN (Baranow Area) for Lot C, Block 11, Plan 8350AC; Baranow.
L.BYLAWS
L.1FIRST, SECOND AND THIRD READING BYLAWS
L.1.e.Bylaw 13258 - To amend the Zoning Bylaw from (AGU) Urban Reserve Zone to (RA7) Low Rise Apartment Zone; located at 12550 - 140 Avenue, Baranow.
(Cont’d from p. 9).
Councillor E. Gibbons entered the meeting via the telephone.
R. Noce, Duncan & Craig, answered Council’s questions.
B. Kropf, Planning and Development Department, answered Council’s questions.
Councillor D. Thiele entered the meeting.
B. Kropf, Planning and Development Department, answered Council’s questions.
Deputy Mayor S. Mandel asked if there was any new information anyone in attendance wished to address. No one responded.
MOVED A. Bolstad – M. Phair:
That item E.1.a. and Bylaw 13258 be referred back to Administration to be brought forward with a Plan amendment for the lands between 140 Avenue and 142 Avenue, east of 127 Street, no later than June 11, 2003.
G. Heaton, Corporate Services Department (Law); B. Kropf, Planning and Development Department; and A. Sinclair, Office of the City Clerk, answered Council’s questions.
lost
FOR THE MOTION:A. Bolstad, M. Phair.
OPPOSED:B. Anderson, J. Batty, T. Cavanagh, E. Gibbons,
R. Hayter, K. Leibovici, S. Mandel, J. Melnychuk,
D. Thiele.
ABSENT:B. Smith; L. Langley.
MOVED D. Thiele – T. Cavanagh:
That the public hearing on Bylaw 13258 and item E.1.a., be closed.
CARRIED
FOR THE MOTION:B. Anderson, J. Batty, A. Bolstad,T. Cavanagh,
E. Gibbons, R. Hayter, K. Leibovici, S. Mandel,
J. Melnychuk, M. Phair, D. Thiele.
ABSENT:B. Smith; L. Langley.
MOVED D. Thiele – J. Batty:
That Bylaw 13258 be read a first time.
CARRIED
FOR THE MOTION:B. Anderson, J. Batty, T. Cavanagh, E. Gibbons,
R. Hayter, K. Leibovici, S. Mandel, J. Melnychuk,
M. Phair, D. Thiele.
OPPOSED:A. Bolstad.
ABSENT:B. Smith; L. Langley.
MOVED D. Thiele – J. Batty:
That Bylaw 13258 be read a second time.
CARRIED
FOR THE MOTION:B. Anderson, J. Batty, T. Cavanagh, E. Gibbons,
R. Hayter, K. Leibovici, S. Mandel, J. Melnychuk,
M. Phair, D. Thiele.
OPPOSED:A. Bolstad.
ABSENT:B. Smith; L. Langley.
MOVED D. Thiele – J. Batty:
That Bylaw 13258 be considered for third reading.
CARRIED
FOR THE MOTION:B. Anderson, J. Batty, A. Bolstad,T. Cavanagh,
E. Gibbons, R. Hayter, K. Leibovici, S. Mandel,
J. Melnychuk, M. Phair, D. Thiele.
ABSENT:B. Smith; L. Langley.
MOVED D. Thiele – J. Batty:
That Bylaw 13258 be read a third time. / Distribution ListCARRIED
FOR THE MOTION:B. Anderson, J. Batty, T. Cavanagh, E. Gibbons,
R. Hayter, K. Leibovici, S. Mandel, J. Melnychuk,
M. Phair, D. Thiele.
OPPOSED:A. Bolstad.
ABSENT:B. Smith; L. Langley.
E.REPORTS RELATED TO EXECUTIVE COMMITTEE MATTERS
E.1.a.ADOPTION OF AN AMENDMENT TO THE CASTLE DOWNS OUTLINE PLAN (Baranow Area) for Lot C, Block 11, Plan 8350AC; Baranow.
MOVED D. Thiele – J. Batty:
That the amendment to the Castle Downs Outline Plan, as outlined in Attachment 1 of the January 27, 2003, Planning and Development Department report, be approved. / Planning & Dev.CARRIED
FOR THE MOTION:B. Anderson, J. Batty, A. Bolstad,T. Cavanagh,
E. Gibbons, R. Hayter, K. Leibovici, S. Mandel,
J. Melnychuk, M. Phair, D. Thiele.
OPPOSED:A. Bolstad.
ABSENT:B. Smith; L. Langley.
MOVED B. Anderson – M. Phair:
That Administration prepare a Plan amendment for the lands between 140 Avenue and 145 Avenue, east of 127 Street, by June 11, 2003.
G. Heaton, Corporate Services Department (Law); and B. Kropf, Planning and Development Department, answered Council’s questions.
MOVED J. Batty – R. Hayter:
That the following motion be referred to Administration to prepare a report for Executive Committee providing more information about the lands to be included in the Plan amendment and alternatives available as to which party will be responsible for the preparation, and cost, of the Plan amendment:MOVED B. Anderson – M. Phair (Made at the February 13, 2003, City Council Public Hearing meeting);
That Administration prepare a Plan amendment for the lands between 140 Avenue and 145 Avenue, east of 127 Street, by June 11, 2003. / Planning & Dev.
Exec. Committee
Due: March 19, 2003
G. Heaton, Corporate Services Department (Law); B. Kropf, Planning and Development Department; and A. Sinclair, Office of the City Clerk, answered Council’s questions.
CARRIED
FOR THE MOTION:J. Batty, T. Cavanagh, R. Hayter, S. Mandel,
J. Melnychuk, M. Phair.
OPPOSED:B. Anderson, A. Bolstad, E. Gibbons, K. Leibovici,
D. Thiele.
ABSENT:B. Smith; L. Langley.
Councillor E. Gibbons left the meeting.
L.BYLAWS
L.1FIRST, SECOND AND THIRD READING BYLAWS
L.1.g.Bylaw 13263 – To amend Bylaw 6055, as amended, being the Burnewood Neighbourhood Area Structure Plan.
L.1.h.Bylaw 13264 – To amend the Zoning Bylaw from (DC2) Site Specific Development Control Provision and (RF1) Single Detached Residential Zone to (DC2) Site Specific Development Control Provision and (US) Urban Services Zone; located at 4461 – 50 Street, Burnewood.
P. Arendt, Planning and Development Department, made a presentation and answered Council’s questions.
M. Hundert, MH Project Planning, made a presentation and answered Council’s questions.
Deputy Mayor S. Mandel stated that he has a pecuniary interest regarding Bylaws 13263 and 13264, in that he owns land in the area which may be affected by the outcome of these Bylaws. He would, therefore, not participate any further in the deliberations or vote on the Bylaws. Deputy Mayor S. Mandel left the meeting and did not participate in the balance of the deliberation, or vote, on Bylaws 13263 and 13264.
Deputy Mayor S. Mandel vacated the Chair and Acting Mayor R. Hayter presided.
MOVED J. Batty – D. Thiele:
That Orders of the Day be extended to complete Bylaws 13263 and 13264.
CARRIED
FOR THE MOTION:B. Anderson, J. Batty, A. Bolstad, T. Cavanagh,
R. Hayter, K. Leibovici, J. Melnychuk, D. Thiele.
ABSENT:B. Smith; E. Gibbons, L. Langley, S. Mandel,
M. Phair.
B. Goodwin made a presentation and answered Council’s questions.
P. Arendt, Planning and Development Department; and R. Davis, Transportation and Streets Department, answered Council’s questions.
Acting Mayor R. Hayter asked if there was any new information anyone in attendance wished to address.
M. Hundert, MH Project Planning made a further presentation and answered Council’s questions.
B. Goodwin made a further presentation.
Acting Mayor R. Hayter asked if there was any new information anyone in attendance wished to address. No one responded.
MOVED D. Thiele – A. Bolstad:
That the public hearing on Bylaws 13263 and 13264 be closed.
CARRIED
FOR THE MOTION:B. Anderson, J. Batty, A. Bolstad, T. Cavanagh,
R. Hayter, K. Leibovici, J. Melnychuk, D. Thiele.