Bylaw 15083

A Bylaw to amend Bylaw 12800, as amended,

The Edmonton Zoning Bylaw

Amendment No.1024

WHEREAS a portion of Lot 6, Block 41, Plan 7521610, located at 17803-93 Avenue NW, Belmead,Edmonton, Alberta, is specified on the Zoning Map as(US) Urban Services Zone; and

WHEREAS an application was made to rezone the above described property to(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, 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 a portion of Lot 6, Block 41, Plan 7521610, located at 17803-93 Avenue NW, Belmead, Edmonton, Alberta, which lands are shown on the sketch plan annexed hereto as Schedule “A”, from (US) Urban Services Zoneto (PU) Public Utility Zone.

READ a first time thisday of , A.D.2008;

READ a second time thisday of, A.D.2008;

READ a third time thisday of, A. D. 2008;

SIGNED and PASSED thisday of, A.D.2008.

THE CITY OF EDMONTON

______

MAYOR

______

CITY CLERK

2/2

SCHEDULE “A”

ATTACHMENT 2

BYLAW15083

FILE:LDA07-0192

BELMEAD

DESCRIPTION:ZONING BYLAW AMENDMENT from (US) Urban Services Zone to (PU) Public Utility Zone; BELMEAD

LOCATION:17803 – 93 Avenue

LEGAL

DESCRIPTION:A portion of Lot 6, Block 41, Plan 7521610

APPLICANT:Asset Management and Public Works Department

9803 – 102 A Avenue NW

EdmontonAB T5J 3A3

OWNER:The Board of Trustees of the Edmonton Catholic Separate School District No. 7

C/O EdmontonCatholicSchool Board

9807 - 106 Street NW

EdmontonAB T5K 1C2

ACCEPTANCE OF

APPLICATION:April 23, 2007

EXISTING

DEVELOPMENT:School Yard

______

PLANNING AND

DEVELOPMENT

DEPARTMENT’S

RECOMMENDATION:That Bylaw15083 to amend the Zoning Bylaw from (US) Urban Services Zone to (PU) Public Utility Zone be APPROVED.

1

BYLAW 15083

FILE:LDA07-0192

BELMEAD

DISCUSSION

1.The Application

This application proposes to rezone a portion of Lot 6, Block 41, Plan 7521610 from (US) Urban Services Zone to (PU) Public Utility Zone in order to facilitate the subsequent consolidation with Lot 9, Block 41, Plan 8521884 to the southeast in the Belmead neighbourhood. The proposal would allow for the existing Telus switching station on Lot 9, Block 41, Plan 8521884 to expand to the west. The expansion of the Telus switching station is required in order to provide adequate telecommunication services to West area residents.

The size of the existing Telus switching station is 183 square metres, and the submitted development permit proposes a 180 square metre expansion to the existing building. The development application seeks to maintain the same appearance and height (5.2 metres) of the existing switching station for the expansion. No additional parking will be required due to the nature of the development (a switching station). It is noted that the Belmead Community League has given its support for this westward expansion.

The Asset Management and Public Works Department, on behalf of Telus, have a sales agreement with the Edmonton Catholic School Board for the sale of the land.

2.Site and Surrounding Area

The site is located at the corner of 178 Street and Ermineskin Trail in the Belmead Neighbourhood. On Lot 6, Block 41, Plan 7521610, there is a school baseball diamond for SaintBenedictElementary School which is zoned (US) Urban Services Zone. In the southeast corner of the subject site and adjacent to a schoolyard baseball diamond is the Telus switching station on Lot 9, Block 41, Plan 8521884, which is zoned (PU) Public Utility.

To the north, east and south of the subject site are areas zoned (RF1) Single Detached Residential Zone, which are primarily composed of single-detached dwellings. Southeast of the switching station is a (DC2) Site Specific Development Control Provision site that encompasses the West Edmonton Mall. To the southwest is a residential development that is zoned (RF5) Row Housing Zone. Directly to the west of the site is SaintBenedictElementary School, which is zoned (US) Urban Services.

1

BYLAW 15083

FILE:LDA07-0192

BELMEAD

View of site looking southeast from the sport fields.

ANALYSIS

1.Compliance with Approved Plans and Land Use Compatibility

The West Jasper Place North Area Structure Plan does not provide an adequate level of detail to access this application. However, the proposal for the minor expansion of the site is considered to be compatible with surrounding development, which is generally single-detached housing. The proposal seeks to maintain the same height of the existing station. Therefore, it is not expected to adversely affect any residential properties. Moreover, a multi-use trail and roads separate the site from residential properties and the proposal is an expansion of an existing use. The expansion is also not expected to impact the school yard site. The applicant has advised that safety measures, including fencing and monitoring, will be in place during construction and upon completion of the project.

2.Smart Choices

The Smart Choice Principles, such as Neighbourhood Re-Investment, Residential Infill, Transit Oriented Development and Walkability, are not deemed applicable to this rezoning application due to the small-scale and nature of the development. The proposed rezoning application will allow for an expansion of an existing Telus switching station, which will better provide telecommunication services to a higher number of residents in existing and developing neighbourhoods.

1

BYLAW 15083

FILE:LDA07-0192

BELMEAD

3. Environmental Review

A Phase I Environmental Site Assessment (ESA) has been reviewed by the civic administration. All parties have deemed the site suitable for this use.

4.Comments from Civic Departments and Utilities

The Planning and Development Department circulated the application to all relevant civic and utility agencies for review and development. There were no objections or concerns expressed to the proposed rezoning. The applicant will be responsible for the costs of any upgrading of services necessary to accommodate future development on the site.

5. Schools and Open Space

Edmonton Catholic Schools Board has given support to this proposal but has stipulated that the area be properly fenced and maintained, especially during construction due to its location next to sport fields.

6.Surrounding Property Owners’ Concerns

Advanced notification of this application was sent to 38 surrounding property owners, the Belmead Community League, the Summerlea Community League and the West Edmonton Communities Area Council on April 26, 2007. In response to the City’s pre-notification, the Planning and Development Department (PDD) did not receive any letters of concern. The PDD received two e-mails in which the residents requested additional information about the rezoning. In response, the residents were notified that a small portion of the US site would be rezoned in order to accommodate the expansion of the existing Telus switching station.

The City also sent out another pre-notification to the same property owners and Community Leagues on September 19, 2008 due to ongoing and lengthy negotiations to choose a plan with the least amount of impact on the school yard. The PDD did not receive any letters of concern or support in response to pre-notification.

1

BYLAW 15083

FILE:LDA07-0192

BELMEAD

JUSTIFICATION

The Planning and Development Department recommends that Bylaw15083 be APPROVED on the basis that the expansion is required to provide adequate telecommunications infrastructure and service to the area. The proposed zoning and its intended use is compatible with the surrounding development and is not expected to adversely impact the surrounding community residents or the school site.

ATTACHMENT

2aMaps

Written by: KenanHandzic

Approved by: WillardHughes

Planning and Development Department

November 10, 2008

1

BYLAW 15083

FILE:LDA07-0192

BELMEAD

ATTACHMENT 2a

15083_Att2a.pdf

1

BYLAW 15083

FILE:LDA07-0192

BELMEAD

2

15083_Pg2.pdf

1